HomeMy WebLinkAbout 02/05/2013 Special Council Meeting - Interviews SPECIAL COUNCIL MEETING
FEBRUARY 5, 2013
The Special Meeting of the Council of the County of Kaua`i, was called to
order by the Council Chair at the Council Chambers, 4396 Rice Street, Suite 201,
Lihu`e, Kaua`i, on Tuesday, February 5, 2013 at 8:37 a.m., after which the following
members answered the call of the roll:
Honorable Gary L. Hooser
Honorable Ross Kagawa
Honorable Nadine K. Nakamura
Honorable Mel Rapozo
Honorable Jay Furfaro, Council Chair
Excused: Honorable Tim Bynum
Honorable JoAnn A. Yukimura
APPROVAL OF AGENDA.
Mr. Rapozo moved for approval of the agenda as circulated, seconded by
Ms. Nakamura, and unanimously carried.
INTERVIEWS:
PLANNING COMMISSION:
• Amy A. Mendonca — Term ending 12/31/2015
Chair Furfaro: Aloha and good morning. I would like to this
Special Council Meeting to order today for Tuesday, February 5th. This is for the
purpose of interviews for the Planning Commission, Civil Service Commission, and
the Fire Commission. Let me note that both Councilmember Bynum is out ill today,
and Councilmember Yukimura is excused for previously arranged appointments.
We will start under "Interviews" with Amy A. Mendonca. I assume that she is here
for the position that would relate to the At-Large Vacancy? Is that correct? Okay,
At-Large members. Aloha and good morning.
There being no objections, the rules were suspended.
AMY A. MENDONCA: Good morning.
Chair Furfaro: Thank you very much for being here this morning
as the potential Commissioner for the At-Large seat. I would like if you could, Amy,
to just give us a little background on yourself before we ask for some questions from
the members. Tell us a little bit about yourself.
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M s. Mendonca: I have been a Kauai girl for man y, man y y ears. I
have been in business. I have had experience working as a Union Agent for a good
ten (10) years. I have had the good experience of working with the Department of
Health as a Kaua`i Manager for the former Island Care. I have also had the very
good fortune of being able to own my own business, and on top of all that, raised my
children, and sent them off the college. Kaua`i has basically been my base. I have
been involved in a lot of other Committees way back when I was a younger person,
but basically, I have had a good fortune of being involved in many aspects besides
business, home, marketing, and I was just a busy body during my younger years.
Chair Furfaro: Amy, tell me, durin g your service to the Unions,
were you a Business Agent?
Ms. Mendonca: Yes.
Chair Furfaro: Okay. May I ask which Union?
Ms. Mendonca: I was with the United Public Workers (U.P.W.).
Chair Furfaro: Okay. Did you find yourself participating in any of
the negotiations for the Labor Agreements?
Ms. Mendonca: I had grievances. I have done that.
Chair Furfaro: Okay, so you handled the grievance procedures for
II' your unit?
Ms. Mendonca: Yes.
Chair Furfaro: I see. You do know that the way the Commissions
are set-up where we have two (2) Representatives from Labor, two (2)
Representatives from Business, two (2) from the Environmental areas, and then one
At-Large. You are open to the At-Large position?
Ms. Mendonca: Yes. I understand that. I think I am happy if I am
appointed in that position because with the others who have their specified
background, it gives me an opportunity to be more involved with my input, if I can
assist. Times have changed as you look back through those years, laws have
changed, and our community has changed. I think it is a wonderful idea when you
have many different people from different walks of life with their background,
coming together and creating a harmony for one good advice to this Council or the
Mayor, or whoever needs our help.
Special Council Meeting 3 February 5, 2013
Chair Furfaro: We are getting ready to embark on an update to
our General Plan, which is certainly in the jurisdiction of the Planning Director,
Planning Team, and involvement by the Commissioners. I would like just to ask
this one question of you. In the past—and it is not really clear in the makeup of the
participants at the General Plan Commission as it gets appointed. Ten (10) years
ago, or about twelve (12) years ago, in 1998, I represented a business segment on
the General Plan. There were thirty-six (36) appointees. One of the concerns that I
had, and I do not have real parameters on the guideline, but the Mayor appointed
all thirty-six (36) Commissioners to the General Plan with the exception of two (2)
from the Council. I have had dialogue with the Planning Director that indicates to
me that when they appoint the new round of Commissioners, they may appoint less
in the terms of maybe appointing twenty-four (24), rather than thirty-six (36). I
have expressed that I would like to see at least a third of those Commissioners to be
nominated and put forth by the Council, and the balance from the Mayor. Do you
have a position on a makeup on the new General Plan Commissioners that concern
you that the majority of the group is from the Administration, and the Council only
had two (2) appointees versus my request to have a third of those Commissioners be
citizens appointed by the Council?
Ms. Mendonca: I really cannot make an intelligent answer to that
question because I have no knowledge at this time regarding what the Council's
position is. I am totally unaware of those things. However, if you look at the
purpose of having a Commission, and if we were to exaggerate or even go further
and say we need certain types of people with different backgrounds; different
knowledge that can pull together a strong group of people that will make this
General Plan move further, I would say that would be beneficial to not only our
Government, but to the people of Kaua`i because they are first. The land we have is
ours and we are sharing it. The aina belongs to the people, and with all different
Departments and different knowledge, we can grow even better. To answer your
question, it is difficult until you see all the necessary things in pulling it together.
We need to resolve differences. We need to be able to come together and then move
forward because no matter what I think, it is important for the entire island as a
whole. That is my opinion.
Chair Furfaro: Thank you for your very honest evaluation. Again,
I am seeing the General Plan Commission to be made up of equal parts of
Environmental, Business, Labor, and of course At-Large from the communities.
Thank you very much for your answer. Amy, let me ask if there are others who
have questions for you. Members? Mr. Rapozo.
Mr. Rapozo: Thank you, Mr. Chair. Thank you, Amy, for
agreeing to serve on this Commission. What I believe is probably the most powerful
Commission on this island, especially moving forward. I have seen it numerous
times. A lot of people say that the Council is the most powerful, but all we are is
Special Council Meeting 4 February 5, 2013
Legislators. We pass Laws, but we do not have the ability to enforce Laws. We do
not have the ability to deny permits, and so forth. In essence, the Planning
Commission is probably the most powerful, as far as moving forward with our
island. You said something that was very important in my mind, which is that the
aina belongs to the people. Were you provided with the Charter article on the
Planning Commission prior to today?
Ms. Mendonca: Yes.
Mr. Rapozo: So you are quite familiar with the duties, the
responsibilities, and the requirements?
Ms. Mendonca: Yes.
Mr. Rapozo: What is your overall vision, and I know Mr. Isobe is
in the audience here as well, so I am going to ask the same question of both
applicants; what is your overall vision for Kaua`i going forward? I know if you read
the paper, you have seen a lot of the changes that is occurring, the development and
so forth. I am curious to know, what is your overall vision for Kaua`i?
Ms. Mendonca: I am very sensitive with that subject, only because
Kaua`i and its natural beauty offers so much for our visitors. My current business
draws visitors from all over the world, and they come because of its natural beauty.
It is important that we preserve the agriculture lands and the open lands. Yet, on
the other side comes the big question, we need some other financial sustainability
for Kauai. We need land to let the farmers grow vegetables because we need some
kind of other industry besides just relying on tourism. Well, in my opinion, we need
that balance. We need to keep the agriculture, preserve those lands that are very
special, and not go to an extent where you blink an eye and you see rooftops instead
of rolling plains like how we grew up, Mel. It is a difficult venture, but it can be
done. We can put developers and our community together without overextending
ourselves. Places like the North Shore where it is being developed. It looks nice,
but we need to keep it so we have accessibility to certain areas that we grew up
with. I hope I can be part of that to preserve that. I hope I can be able to give part
of my teachings that I have learned from the kupuna, and what was important to
them and preserve the heritage that they fought and gave that to us. We treasure
all of these little customs. We are a melting pot of many different races. Each one
of us contributed to what Kauai is. It is not just one person or one group of people;
it is the entire island of people.
Mr. Rapozo: That is very refreshing to hear, and I appreciate
your passion. That is the battle that we are having right now. Councilmember
Kagawa and I went out on a site visit a week or so ago, out to the North Shore
where we have lost a lot of our access, and a lot of our trails. A lot of it is under the
Special Council Meeting 5 February 5, 2013
purview of the Planning Commission. When permits are granted when conditions
are met, are you inclined to support that public access, and in fact telling these
developers, telling these applicants, "We appreciate you..." First of all, they are
building mansions on Ag lands and so forth. That is the other question I have for
you, what is your position on that? You talked about preserving the open space and
farmlands, and I cannot agree with you more. I think we are losing that every
single day. Are you inclined to deny these applications? The biggest concern I have
is the vacation rentals. This island, years ago, brilliant minds...when they set up
the land designations, both at the State and at the County, and they said, "This is
going to be Ag, this is going to be resort, this is going to be rural." Many have
abused that here, and now we are finding "gentlemen farms" or what they call
"gentlemen estates" on Ag lands. What is your position on that?
Ms. Mendonca: We have made several errors in the growth. I
agree. Now, because people use the big word, we set "precedence." Precedence
becomes a fearful word because I have heard people use that often. "Oh, my
neighbor got away with it, so I should be able to do this." When you set a certain
kind of precedence, we also have the ability to make amendments. We also have the
ability to correct errors. In order for us to resolve problems, we correct and we move
on. To answer your questions, I always asked my question first to myself. "You
want something from the aina, what are you willing to give back?" In other words,
"We work with developers, so what do you want to give back to Kaua`i?" "What are
you willing to give in part of making us work together and protect what we believe
in?" Yes, I am with you on that, Mel, one hundred (100) percent. I remember
taking my kids down with the beaches wide open. We foresaw that. We foresaw at
a point as we were in high school and going to college. We saw that. It was coming.
Before you know it, in a blink of an eye, it was just all totally developed. We cannot
have it continue too much. We need to save that because there will not be much
left. We can go only one way to other, right? To the end of the road and back again,
so we need to preserve those accessibilities or we will not have it for the next
generation.
Mr. Rapozo: For me personally, I am looking for a voice on that
Planning Commission because I think over the last few years, we have basically
bent over backwards in the favor of the developers; in the favor of the land owners,
and we have lost so much. You are right. We cannot go get it back now, unless we
go pay them. Again, what I am looking for is a voice in the Commission that is
going to say "no." I do not care what the Mayor thinks or what the Planning
Director thinks. The Commission is set separate, and for that purpose so that you
can speak for the people. I think we all know what the people of Kaua`i want. That
is what frustrates me the most, which are these permits that get approved. Now we
set precedence, yet, as these applications come forward, we have to draw the line in
the sand and say "enough is enough." That is what I am looking for, Amy, and you
can ask any of my colleagues. I do not ask many questions on these appointments
Special Council Meeting 6 February 5, 2013
because I think the Mayor should have the prerogative to pick that first term. The
second term, you are going to get a lot from me, but for the Planning Commission, I
ask those questions. JoAnn is not here today. She typically asks the questions for
the Planning applicants, but I have to feel comfortable before I vote that when I
support an applicant, it is going to be someone who is going to speak for the people,
our people. The people are saying, "Hey, we need to start preserving." I do not care
how much money they have. I do not care if they want to build a gym or a park.
That is fine. We want that too, but we cannot give away "the store," I guess is what
I am trying to say, and taking away access.
Ms. Mendonca: I agree.
Mr. Rapozo: I feel that from you and I feel comfortable, please
do not get me wrong. I just want to make sure we understand. I think—and this is
my last question, Mr. Chair, I kind of diverted from the original question, which
was about vacation rentals on agricultural land. I need to know your position on
that.
Ms. Mendonca: Well, agriculture has its definition.
g I experienced
when we first bought my property. We had three (3) acres, and we dedicated it to
agriculture. I had no problems, and you are talking forty (40) somewhat years ago.
I absolutely had no problem. About four (4) years later, someone within the
community wanted their property subdivided so they could have more than two (2)
homes on one acre of land, and they did that. Before you know it, the agriculture
I'll requirements changed and you had to raise so many heads of cattle before you could
determine that it was agriculture, and you do all these plants. Well, we did that
too, and when we could not, of course our taxes changed, which is only proper
because you are following what the rules are saying what agriculture means. So to
answer your question, "What is vacation rental doing on agricultural land?"
Mr. Rapozo: Thank you, Mr. Chair.
Chair Furfaro: Other members? Mr. Kagawa, you have the floor.
Mr. Kagawa: Thank you, Amy, for applying for this position.
This is a very important position for the County, now and for the future. It is kind
of ironic that I look at your business that you owned. It was in the Po`ipu area. I
just received a call yesterday from an owner of a little food business down in Koloa,
and she is very concerned that ABC is applying right now, as we speak. They have
already talked to the Koloa Community Association for a mini mart and a gas
station somewhere behind Kukui`ula Store, near to the new Kukui`ula Shopping
Village where we were last week. We have heard a lot of the business community,
especially that are at odds there over parking, and they believe a lot of cars park
along the roads and it is creating an eye sore, but there are not much solutions.
Special Council Meeting 7 February 5, 2013
There are a lot of resorts that have inadequate parking stalls, and I think the
employees are the ones who are using a lot of the parking. There are a lot of things
going on. Of course, on the bright side, a lot of businesses are doing well there in
Po`ipu. On the weekends, you cannot even find parking. The Beach House side is
packed too. Since your business was there, I am really happy that you have the
knowledge of that area, but I guess my question is if you have thoughts on, "How do
we handle an application like that where we have the "mom and pop stores" that
are worried that we have got a big name company that is going to be taking away a
lot of business there?" Obviously, it is going to create a lot more congestion in the
area, which is already a big griping point for the businesses. Your thoughts—I do
not want to know your position on the voting, but just if you have any thoughts
about that place being too developed?
Ms. Mendonca: First of all, in giving you some information about
my business there. In that shopping center, we are the only local establishment. It
was hard. It is a struggle. Then when we had the competition come up on the
larger, newer development, we could not stop the progress at that time; and I am
not saying it was bad, but because Koloa has its history...Koloa Town has its
history, which draws the tourists to come for the Plantation Days and you remove a
lot of the Plantation element, then we lose I think, the genuine reason for history.
My restaurant has murals of the old Koloa Plantation. It has the pictures of the
boys eating cane all against the wall. This is the genuine pictures. The tourists
come and they love that. They ask about the history. There is a balance where the
locals are bringing in the revenue, but if you make too much of a mainland style, or
more of an O`ahu style, it loses the integrity of history. That is how I look at things.
Mr. Kagawa: Thank you very much. For me, I am very
comfortable with approving your selection, and I congratulate you.
Ms. Mendonca: Thank you.
Chair Furfaro: Okay. Other members? Mr. Hooser.
Mr. Hooser: Good morning.
Ms. Mendonca: Good morning.
Mr. Hooser: I just have a few questions. Most of them have
already been answered or addressed. Have you served on other Boards and
Commissions in the past?
Ms. Mendonca: No.
Mr. Hooser: Do you have any...
Special Council Meeting 8 February 5, 2013
Ms. Mendonca: Excuse me, if you consider the Hawai`i State
Health Planning and Department Agency (S.H.P.D.A.). That was years and years
ago.
Mr. Hooser: Okay. Are there any potential conflicts in terms of
working or consulting with land owners or developers or anything like that?
Ms. Mendonca: No, none that I can think of.
Mr. Hooser: Okay. What would you say right now on Kaua`i, in
terms of growth, do you think things are growing too fast or too slow? Or right
about the right way? What is your opinion or belief?
Ms. Mendonca: Those are three (3) questions.
Mr. Hooser: Pardon?
Ms. Mendonca: That is three (3) questions.
Mr. Hooser: Yes, what rate of growth do you think we are at
right now?
Ms. Mendonca: It is a paradox when you think about it because we
need the income. If the economy fails, we are the ones who suffer the most. Gas
prices rise, and we are the ones who suffer the most. Things do not come to Kaua`i
cheap. Yet, when you look at the average income that the people take home, it is
hard for them to survive. Here we are looking at "what are we going to do to make
this balance?" We need something besides tourism. What do we have besides
tourism except for those who have their own businesses raising coffee or other
means of support? We need to find means of generating income for the local people
and development, yes they add, but we have enough hotels, I think. We have
enough places where people can come and enjoy, but overdeveloping, we are
actually removing what they are coming for. That is a balance that becomes a very
big responsibility of the Commission to find a happy balance so that everybody can
live and coexist with the 1 m n
deve op e t and the local people. Like Mr. Rapozo said,
we cannot just give it away. We have to find the means to preserve what little we
have.
Mr. Hooser: Speaking of specific areas, you live in the Koloa
area I believe. The Maha`ulepu area has...
Ms. Mendonca: Maha`ulepu?
Special Council Meeting 9 February 5, 2013
Mr. Hooser: Yes. That is a very sensitive area and I am very
much concerned about the community. Do you believe the land owners there are—
right now it is zoned "Agriculture and Conservation." Do you believe the land
owners are entitled to change the zoning or entitled to Residential Resort Zoning?
Ms. Mendonca: I have to be honest, I am very biased about that
question because Mand'ulepu has its sacred reasons for keeping it. The land has its
purpose. My question would be, "What benefit would the people have by developing
it into a resort area?" That land, Mand'ulepu, the size, has so much ecological value
than resort, and unless someone can show me facts or anything that the people
would benefit from it, Kaua`i would benefit from it, I am more inclined to say, "It is
Agriculture. It is Conservation. We should keep it that way, because that is what
draws the beauty. It enhances Kaua`i."
Mr. Hooser: What type of benefits would rise to the level where
you would support development there?
Ms. Mendonca: Well, here again, comes a lot of the information
they provide. They can say something, and at this point I am only guessing, so it
would be unfair for me to make a statement, and then realize that it is not true. It
would depend a whole lot upon the information brought to us. It is part of our job I
believe, which is to see both sides and listen to both sides without being totally
biased or negative. It is drawing information from both parties, but because it is
already Agriculture and Conservation, I think it would the Applicants'
responsibility to bring to us their strong reasons and points of why they want it
changed. I do not think it is for us to say why we do not want it changed. They
should bring it to us and say why they want it changed.
Mr. Hooser: Okay. The Hanalei area, you mentioned the North
Shore and you mentioned resort development. There is the resort proposed for
development of the Hanalei ridge overlooking Hanalei Bay. What are your thoughts
on that development?
Ms. Mendonca: I have not been too much aware of the details of
that, except I did catch some information about the people there taking care of the
Pier, which I thought was really nice because that is a very monumental, historic
site. It is good when I think the community gets involved, because one voice can
add up to one hundred (100) voices. That alone makes a big difference. I thought
that was nice, but to answer your question, I could not answer it properly without
knowing all the details of that.
Mr. Hooser: Okay. Thank you. I might be done. Let me just
check.
Special Council Meeting 10 February 5, 2013
Ms. Mendonca: Okay.
Mr. Hooser: Yes, I think that covered most of my notes. Thank
you. Thank you, Chair.
Chair Furfaro: Your welcome, Mr. Hooser. Now we will go to Vice
Chair Nakamura.
Ms. Nakamura: Thank you, Amy. I really appreciated your
comments about Kaua`i's natural beauty, how we need to preserve agriculture, and
really striking to find the balance between future growth and preserving our
natural beauty. I think that is something that many people share. The real
struggle is, "How do you really make that happen?" Some of the tools that are
used...it is a General Plan. It is a policy guidance document, and then development
plans for different parts of the island that say, "Okay, these are some general
principals, but this is where growth ought to be directed." This is about how much
growth and how it should look like. The Council has funded many of the
development plans. First of all, I want to encourage you to read the General Plan.
Every Commissioner should have that as their Bible because that is your policy
direction. Also, the development plans. For many of the development plans today
are thirty (30) and forty (40) years old. We have not followed the Charter by
updating them regularly. There are vast of the islands that have never had a
development plan as part of the policy direction. I think that is a really important
role as a Commissioner, which is to be on top of those plans. Why would we wait
thirty (30) or forty (40) years to update these plans, and now that we are in the
process of funding these plans and getting them going, some of them are stuck and
they have not been completed. They got started, but for some reason, they are
sitting in the Department without being completed. That to me is something that
Planning Commissioners should be aware of and should be asking the questions.
"Why are there plans stalled?" What is the timeframe for completion?" These
become the real guiding documents for development. I just wanted to impart that
with you and hope that Planning Commissioners would...I think part of the thing
too is that a lot of things that come before you are applications for specific lots and
projects. I think it is equally important to step back and spend time on your agenda
on some of the big picture direction issues. I just wanted to see if you are willing
and open to putting that at the forefront.
Ms. Mendonca: Thank you for that because I have always gotten
into sweet, little pickles by asking, "Why?" Or, "How come?" I encourage those two
(2) questions because unless I can reasonably and intelligently act on or take care of
any kind of differences within my Staff at my business, I always ask those two (2)
questions. Sometimes, it does get me in trouble, but I cannot comfortably make any
decisions unless I know why. Before, like you suggested acting on something, you
Special Council Meeting 11 February 5, 2013
want to know why it did not happen, or why did it happen. That to me is very
important. I thank you for your suggestion.
Ms. Nakamura: Good. Another thing that makes the Planning
Commission different from some of the other Departments is that this Commission,
by the Charter, "the power to hire and to remove." I think it adds additional
responsibility and maybe this is happening but maybe we do not see it is the need to
really evaluate the role of the Director that you hire annually, and that you setup
very specific goals that are jointly agreed upon, and you evaluate his or her progress
in completing those goals. I really think that needs to be a real big part of the work
that this Commission does. I just would like to encourage you to also be on top of
that. Thank you.
Chair Furfaro: Mr. Hooser, you have another question. Go ahead.
Mr. Hooser: I just want to finish my thoughts on the earlier
questions. I do not want to walk away and keep wondering. We were talking about
Mand'ulepu and potential development in that area. I believe you said that
depending on what the developer offered with what the community benefits would
be, then you would consider possibly the rezoning of that property to resort
development or other development. It is zoned Agriculture and Conservation, and I
guess my question is, "Are there situations, regardless of the offer, that would say
Yq g Y
"no," and that certain properties are special enough." I believe this area is one
myself personally, where regardless of the land owner raising the ante to "X"
number of dollars and "X" number of jobs. There are certain areas that are special
enough and the community desire for preservation would be strong enough that you
would be willing to say no to those requests, and that everything does not have price
per say.
Ms. Mendonca: Absolutely. I would like to go to bed every night
and sleep well. That has been my motto for all of my life. If I cannot totally, and in
good conscious say, "I did not do my job or say what I am supposed to be doing,"
then I would have nightmares. Like you, there are certain places on the island that
is very sacred. When you first asked me the question, it was a very vague and
ambiguous way of putting it. I cannot come up and say, "Yes, I will say no to this,"
or, "No, I will say yes to that," without seeing the facts. When I said that the
developer needs to come to the Commission or come to us, and present what they
want, only then can we be in fairness because we cannot go into any...it is my
understanding at least, that we cannot go in with our own personal biased opinion.
We need to be open and see everything, because if the majority says we should not
because of what reasons, then we look at what the majority is looking at. My belief
about this Commission or the position is to read the liaison between the community
who has a limited voice, to hear what they have to say because that is what they
can do is have these community hearings like you mentioned, and then make a
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decision, but to answer your question right now and say no I am not going to do
that, it would be unfair to the Commission, as well as to this body.
Mr. Hooser: Thank you. I am glad I asked you to follow up and
I am thankful for your response. Thank you very much.
Ms. Mendonca: You are welcome. Thank you very much.
Chair Furfaro: Any other members before I summarize? Amy, I
want to thank you again for stepping forward. I think being here at the table today,
you found many questions that relate to the responsibility of the Planning
Commissioner. I am the only member here on the table that actually served on the
Planning Commission, as well as on the General Plan Commission. There are a lot
of items that are just on the horizon during this term. I just want to touch on the
fact that there are special places that are wahi pana, which will come before you.
There are issues that you follow in The Garden Island now, like the Planning
Director's position about the permits at Coco Palms and not redoing. That will be
on the agenda soon. There is a Charter Amendment that is being challenged in the
Courts right now about resort growth. That will be in front of you folks.
There is also the General Plan Update that I touched on. I think Vice Chair
mentioned getting familiar with the current General Plan is certainly an important
piece on preparing for your role as a Commission. We have gaming that is on the
State agenda, gambling. How limited will it be? Will it be a blush of each island
having an opportunity by State Legislator, or will people stand up and say, "Hey,
gambling conflicts with the sense of place and delivering aloha." Those are things
that I share with you. There is one and a half percent growth on resort inventory
on the island. You mentioned you felt we have enough. I think that was the
purpose of the Charter Amendment, but at the same time, I want you know that
you folks have oversight of the Planning Director. That oversight includes making
sure we hold our feet to the fire about making presentations like the Annual Capital
Improvement Projects (C.I.P.) Budget. "Does it parallel the General Plan as to what
we need in way of improvements, and so forth?" When I was in the Planning
Department, the Planning Director at the time was Dee Crowell, and he did a very
good job of updating us each year on C.I.P. It is important that you folks are close
to that. I also want to say that we had a comment about developers. When you look
out at Princeville and Hanalei, we have public access at Honoiki, Pu`akoa, and
Keoniana. We have access at Waimaumau, Queen's Pond. We have an eleven (11)
acre gift of all the campsites at Wanini Beach. Those were things that were
negotiated by the Planning Department. On the flip side, you go to the other side of
the North Shore, and I was down there recently where we have signs that tells you
"No Parking," attached to a utility pole with a vacation rental right next door, and
my tita being told, "You cannot park there." My family has been shelling there for
I
forty (40) years. They are now being simply told that they cannot park there with a
Special Council Meeting 13 February 5, 2013
"No Parking" sign attached to a Kaua`i Island Utility Cooperative (K.I.U.C.)
telephone pole. That is a pretty broad range of the kind of problems that are going
on with public access. I thank you for putting your name forward. We will be
voting on this next week, and we will be in contact with you then. Mahalo, and
thank you very much.
Ms. Mendonca: Thank you.
Chair Furfaro: Mr. Isobe will be an appointee for Business. He
will be one of two (2) representatives for the business community. Ashley just
confirmed that for me. Aloha and good morning, John.
PLANNING COMMISSION:
• John K. Isobe —Term ending 12/31/2015
JOHN K. ISOBE: Good morning, Councilmembers.
Chair Furfaro: Happy New Year.
Mr. Isobe: Thank you.
Chair Furfaro: Thank you very much for being here and stepping
forward. On that note, I am going to say from a history of work relations with you,
John, I will hold my questions towards the end. Members, I am going to let
Mr. Isobe give us a little bit of his background and then open it up for questions and
answers. The floor is yours, John.
Mr. Isobe: Thank you. For the record, my name is John Isobe.
I was born and raised on Kauai, retired from Government Service in December in
2011 with approximately a little over twenty-five (25) years of State and County
Government work. At the moment, I am not real sure if I am between jobs or
permanently retired. We will see as it goes forward. Just by way of background,
part of my Government experience is that I have held two (2) cabinet positions in
two (2) different County Administrations; first as the Deputy Director of Finance,
and more recently as the Administrator of the Office of Boards and Commissions. I
have also served in the Office of Council Services as Director of Council Services. I
was employed at Kaua`i Community College as the Director of the Office of
Continuing Education and Training where we primarily focused on Business
Development and Workforce Training. I also oversaw a one point three (1.3) million
dollar Federal Grant, immediately after Hurricane `Iniki, that was aimed at
revitalizing and assisting in the economic recovery of the island after the Hurricane.
Earlier in my career, I also worked at the State Legislature in the House
Judiciary Committee, and as a Researcher in the Office of the County Attorney. My
Special Council Meeting 14 February 5, 2013
private sector experience is that I was Director of Real Estate and Development for
the Princeville Corporation, as well as a General Manager for a small start-up
technology corporation, and served also as President and Chief Operating Officer of
the Kaua`i Economic Development Board. At that time, we oversaw the
development of the West Kaua`i Visitor and Technology Center. That is it in a
nutshell.
Chair Furfaro: Thank you very much, John. Members, we are
open for questions and answers for John. Would anyone want to start? I will
recognize Mr. Hooser.
Mr. Hooser: Good morning, Mr. Isobe.
Mr. Isobe: Good morning.
Mr. Hooser: How are you? I have a couple of questions. Many
of them are similar to what the prior applicant was asked. Do you have any
potential conflicts of interest?
Mr. Isobe: Not that I am aware of at the moment.
Mr. Hooser: You were in charge of Real Estate Development for
Princeville?
Mr. Isobe: That is correct.
Mr. Hooser: You do not see that as potential conflict moving
forward and working with issues that may involve Princeville?
Mr. Isobe: Not at all. It has been several years ago since I was
working there.
Mr. Hooser: You are slotted to represent the business
community. In terms of your philosophy and what you hope to bring in the
Planning Commission, and your role is representing the business community, how
do you see that? Maybe you can talk a little bit about how you would serve the
business community and what will you see yourself planning.
Mr. Isobe: I have always felt that one of the critical elements
of Planning here on Kaua`i at least, or in general, is the need to balance
preservation and economic development. Without business and some development,
there really is going to be no economy and no way of preserving things as much of
us would like. Preservation does come at a certain price. It is not free. I think it is
important that business continue both development business, as well as small
II
Special Council Meeting 15 February 5, 2013
business. In order for small business to succeed, you need to have some level of
development and progress going forward. That is my opinion.
Mr. Hooser: Are you affiliated or members of various business
organizations on the island?
Mr. Isobe: I was, but not anymore. I have been involved with
the Visitor's Bureau, the Chamber of Commerce, and served as a Board Member on
both. I have been involved with the Kaua`i North Shore Business Council, and
served as its President. Also, Kaua`i Business Council. At the State level, I have
also been involved in the Community Based Economic Development (C.B.E.D.), and
served as Kaua`i's Representative on that.
Mr. Hooser: Your credentials very much support the business
slot on the Commission. In terms of specific issues, I know I asked the prior
Applicant about Mand'ulepu. The question was, "Are the land owners entitled to
rezone the property, which is now zoned Conservation and Agriculture?" In your
opinion, can you talk about that a little bit?
Mr. Isobe: I was born and raised in that area so I have some
very strong personal opinions, which I will keep to myself at the moment. Are the
owners entitled to rezoning? At least from my limited knowledge, I do not believe
that zoning is necessarily an entitlement. Are they entitled to develop the area? I
believe they are entitled to develop the area within the zoning that they are
currently allowed. Should it be rezoned resort? We will see. It will be too early for
me to say at this point that that is not something that we should at least look at or
talk about. Whether or not it would be supported, it still remains to be seen. Like I
said, I have very strong personal opinions about the area. I grew up there and
played there as a kid.
Mr. Hooser: Just to restate, you believe not just them, but land
owners in general are not entitled to rezoning, but they are entitled to ask for
rezoning and to develop within the existing zoning?
Mr. Isobe: Right.
Mr. Hooser: The other project which is a hot button issue on the
North Shore would be the Hanalei ridge development. Could you tell me your
thoughts on that development in general?
Mr. Isobe: That is another area. Obviously I worked in
Princeville so I am very familiar with that area and that particular project, not in
the reiterations that it is coming now, but I guess it is the same kind of thing. I do
know that property has a certain amount of entitlements that the owner is entitled
Special Council Meeting 16 February 5, 2013
to already, beyond what those are. It remains to be seen whether or not the rest is
going to be allowed or not allowed. I am sorry that I am being vague, but I am not
all that clear on exactly what the owner is asking for and what entitlements
currently need to be updated. I do not know whether or not the Special
Management Area (S.M.A.)s are current and the permits are current, but I do know
that that property has a certain degree of entitlements already locked into it.
Mr. Hooser: In terms of the rate of growth that Kaua`i is going
through right now—I asked this question earlier. I will ask the same question to
you. Do you think we need to accelerate growth? We need to slow down or speed
up? What are your thoughts on growth in general, in terms of the rate of growth
that we are going through?
Mr. Isobe: I wa uess the best for me to answer that would
g way
be, how would we define the term growth? If we are looking at growth in terms of
trying to diversify our economy, I think we need to speed it up. If it is a matter of
building more buildings, it would depend. One of the organizations I serve on is the
Pacific Housing Assistance Corporation, Board of Directors that look at affordable
housing. I believe that there is always a need for more affordable housing. Should
we develop affordable housing? I would support something like that. Do we need
more hotels? I think we have a lot of zoned land already. For that kind of purpose,
I do not know if we necessarily need more.
Mr. Hooser: Pardon me, I did not hear the last part.
Mr. Isobe: I do not know if we necessarily need additional
zoning for hotel and resort development. I guess all of that ties back to the
conversation that we are soon going to be having on the General Plan, and how
should this island be developed. I think that is a community discussion that needs
to happen. The other thing that was mentioned more specifically when you start
looking at projects, such as Maha`ulepu or the project overlooking Black Pot Beach
is the development plans and how each community would like to see their areas
developed. As Councilmember Nakamura said, in some of these instances, the
development plans a r e thirty (30) p lus years old, and should be updated. I am
hoping that part of the General Plan update, as well as the updates of the
development plans will begin to fair out some of the specific issues, i.e. Maha`ulepu
or Hanalei, where it will set a broader vision of how this island should be moving
and the direction that it should be moving in. The caveat being that I would like to
see greater emphasis on the General Plan on the area of Economic Development
and how the land use principals and ideals then translate into sustaining our island
economically, not just today, but going into the future, and how we strike that
balance.
Mr. Hooser: Thank you very much.
'1
Special Council Meeting 17 February 5, 2013
Chair Furfaro: Mr. Rapozo, you wanted the floor next?
Mr. Rapozo: Sure. Thank you, Mr. Chair. Thank you for being
here today, John. Thank you for your service to this community. I think you heard
most of my questions, or you heard all of my questions to Amy. The first thing I
want to say is that I know you mentioned your personal opinions, or you have
strong personal opinions but you do not want to disclose them. I think it is
important that you do disclose them because this is no different than a Council
Election, really. The only difference is that you need four (4) votes while we need
ten thousand (10,000). Imagine if we went to a forum and we said, "Well, I have
some personal opinions on that issue, and I am not going to disclose it." I think it is
important that you do explain your personal opinions because that tells us the
direction, and it is not a crime to be a supporter of business. I think we need that
balance on the Commission as well. It is not a bad thing to have that
representation. I think the Commission, like the Council, should be diverse, and all
sides should be heard. It is not a problem. Let us start with your overall vision for
Kaua`i moving forward in the Planning arena. If we could just start with your
overall vision of where do you think Kaua`i...are you satisfied with the Planning
decisions that have been made in the last ten (10) years? Where do you see Kaua`i
moving in the next twenty (20) years?
Mr. Isobe: I think overall as an island, I think we have done
okay. There are obviously areas that we could have done better. Hopefully, on a
going forward basis, those will be considered. As I have mentioned, I was born and
raised in the Kukui`ula, Po`ipu area, which is the first area that was developed on
this island. From when I was growing up as a kid in the plantations, it looks real
different now. I am not saying that is good or bad. It just looks very different today
from when I was growing up. The Kukui`ula development has now settled into that
area. I brought my mom there about five (5) years ago, and she was amazed. She
said, "It does not look anything like it used to look before." It is the same thing.
Po`ipu does not look anything like it looked like when I was growing up. We used to
go diving all along the reefs and there were not hotels and those kinds of things.
Back to my personal opinion, Councilmember Rapozo. The only reason I said that is
that I did not want to appear that my personal opinions would overcome testimony
that is brought before the Commission, but relative to Maha`ulepu, that is the area
where my dad went fishing every weekend. We also dove. Again, it has very special
meaning to me, personally. I say this kind of"tongue and cheek," but my dad only
went to one public hearing, and that was to oppose Maha`ulepu. In his entire life,
that was the only hearing he went to. That kind of tells you where I am when it
comes to that area.
In terms of Kaua`i going forward, again, I will defer that for when the
General Plan begins; when that process begins.
Special Council Meeting 18 February 5, 2013
Mr. Rapozo: Okay. We talked about Princeville. We talked
about Po`ipu. Those areas have been designated as visitor destination areas. That
is where Kaua`i had the public—and of course, Kalapaki or the Weston, whatever it
is; those areas have been designated as visitor destination and resort. That is what
is happening in those areas, which is fine. It should be limited to those areas.
When people move here or they buy here, they understand that they are buying into
a resort area. That is fine. The problem, and this will lead up to my next couple of
questions is that we are starting to see non-designated Visitor Destination Areas
(V.D.A.)s throughout the island. We are starting to see the vacation rentals. We
are starting to see the bed and breakfast. We are starting to see the disappearance
of public access of areas that should not be happening, because it is not a visitor
destination. These are residential areas. There are agricultural lands that have
now become mini resorts. The first part is the public access. What is your position
on public access? We have State Laws that protect and preserve access, but yet this
County has failed to exercise the authority to enforce. What is your position on
that? Number one is obviously preserving what is left but also, trying to encourage
the Planning Department to enforce the access—and Mr. Kagawa and I went to one
that was clearly hidden. Only because we went out there all of a sudden, the guy
comes out and says, "We will go cut the trail next week." If not for the public
coming to us, and the public has gone to the Planning Department. As a
Commissioner, you provide that oversight. What is your position going forward on
these accesses that we should have?
Mr. Isobe: I think public access is critical, especially when
you live on an island. The ocean is—not just the ocean, but the mountains also, are
probably one of your greatest natural resources. I believe it is critical. Again, I can
go back. As a kid, we made our own because there was not that many houses
rimming the shoreline, but I think now, it is real important that public access be
preserved one, and two (2) created to ensure that the community and the public has
access to those areas.
Mr. Rapozo: That is good. For me, I am looking for the voices on
the Commission that is going to actually move forward on that hold the Planning
Director accountable to making sure these things occur because that is your power.
Your power is a Planning Director. If they cannot go out and enforce the rules and
the conditions that the Planning Commission sets, then what good is the condition.
That is one thing. The other one is the vacation rentals on Ag. I have watched
some of the proceedings on television of some Planning Commission Meetings, and I
have seen the applicants come up and put their case forward. I have heard the
neighbors come up and testify, and at the end of the day, in my opinion, the public
testimony was basically ignored...just ignored. Permits were granted. I think that
is causing a huge problem. When we talk about diversified economies, and if we are
by our own doing, inflating the prices of Ag land because now it becomes profit
Special Council Meeting 19 February 5, 2013
centers, it will never get to a point where farmers will be able to afford land. I kind
of want to get your ideas or your thoughts on that, more specifically on these
vacation rentals on agricultural lands.
Mr. Isobe: I do not think we should have vacation rentals on
agricultural lands. I think there is however, obviously a need or a desire for
vacation rentals. I guess I am wondering whether or not we need to kind of look at
the land use designations, or relook at the land use designations to accommodate
things like vacation rentals. There is a certain amount of...what is the word I am
looking for..."demand" for those kinds of accommodations like bed and breakfasts,
vacation rentals, et cetera. Maybe the conflict is where it is being created and how
it is being created. There may be a need at this point in time for a new land use
designation that will allow these kinds of activities. Where they should be allowed
and how they should be allowed, I do not know. Clearly, agricultural lands, at least
from what I know of the Ordinance are not where it should be allowed.
Mr. Rapozo: I agree. They do have another land classification
and it is called resort. It is called commercial. Those guys could come here and get
a rezoning and apply for the rezoning. Of course, they choose not to. Their other
option is to go build their vacation rental in Kukui`ula or Princeville, which
obviously is too expensive. They just take the shortcut. They come through our
process and manipulate that Law so that they can build a mansion, and there are a
lot of things going on that I do not agree with. I am glad to hear that...what I am
hearing is that you support Ag lands to be Ag lands and if they so choose, they can
go try to get another land designation. I think that is the proper way. I am just
hoping that the Commission—and I am real pleased with what I am hearing today
from the two (2) applicants, that in fact you share that concern.
I know we talked a lot about the General Plan, and that is yet to be seen. It
will be interesting on how that will unfold because Kauai has changed. John, being
from Koloa...I am born and raised here. It is a shame that my two (2) children will
never experience what I experienced growing up here. I can understand to a certain
extent, an acceptable level of change, but in just one generation, for the fact that he
cannot or my daughter cannot go to many places that we once went just because it
was available, and not it is done and gone. We are not going to get it back. I think
that is a concern. Again, I am just looking for those voices on the Planning
Commission that is going to speak for the kids and the grandchildren and their
kids. The only other question I have is...and John, I do not want you to take this in
a wrong way, but everybody is aware of your personal and political relationship
with the Mayor. That is no secret, and that is not a bad thing. Are you able to vote
independently on an issue that is obviously proposed or opposed by the Mayor when
it is down to the Planning Commission to vote? Are you able to vote independently
at that point?
Special Council Meeting 20 February 5, 2013
Mr. Isobe: Absolutely.
Mr. Rapozo: Okay. Thank you. That is all I have, Mr. Chair.
Chair Furfaro: Okay. Mr. Kagawa.
Mr. Kagawa: Thank you, John. I am very impressed with your
history of management in Government and working in a lot of sectors. There is no
doubt in your knowledge and everything. I look forward to your leadership
especially in issues that tend to go against what the public sentiment is, and
hopefully your days growing up fishing with your dad and those kinds of things and
memories that you want to help preserve for the future will help guide your
decisions. I think a lot of times when we look at issues, it is difficult because we
look at whether it should be fair or not fair for the applicant, whereas the impacts
that they have sometimes are far damaging to the future upbringing of our kids. I
guess I just have one question to go along with that. It is the same one I asked
Amy. I just had a call, and it is unbelievable that you both are from the Koloa area,
but I guess these local mom and pop business owners are concerned that the big
mainland company, ABC, are planning to do a large scale convenience store and gas
station. That might possibly impact their businesses and adversely affect the
traffics and everything. I want to know what your thoughts are and if you could
talk about it a little bit.
Mr. Isobe: It is always difficult, I think. Part of trying to help
business is to try and preserve that rural, old family operated business with Sueoka
Store being one down in Koloa. It was there from when I was growing up.
Kukui`ula Store is another one. At the same time, you have got new businesses
coming in. It is really, really hard. It is hard to say. If you just look back, we did
not have Costco once upon a time. We did not have Wal-Mart. We did not have
McDonald's. Whether that is good or bad, I do not know. Even the old time stores
like Big Save now has sold out to other people. Yes, I think to the extent that we
can preserve the old, local businesses, I would like to see that but at the same time,
at what costs? Do you stop the other companies from coming in? It is difficult.
Mr. Kagawa: Thank you, John. That was a very honest answer.
I know you are going to do a good job. I just have one thought to share. I had the
privilege of playing the Kukui`ula Golf Course one day, and one of the signature
holes was the second to the last hole. I had a nice view all the way down to the
new...I guess how it looks now. It was so beautiful and green, but in actuality, I
became sad because it just does not look like how it used to look. With that, it is
about us preserving the look of Kaua`i. Again, you being a lifelong resident and
with Amy, I can see her aloha for the island. We have to try our best to make sure
that we go very slowly. I look forward to your folks' leadership. Thank you.
Special Council Meeting 21 February 5, 2013
Chair Furfaro: Vice Chair Nakamura.
Ms. Nakamura: Thank you for being here, John, and for putting
your name forward. I had a question. Do you have any thoughts about the future of
Coco Palms?
Mr. Isobe: I pass it every day. I guess the best thing that
could happen is for it to reopen in some way, shape, or form. Again, it is one of
those things...it would be nice if some of the buildings could also be either restored
or removed. I do not know which is...but the condition that it is currently in is not
something that I think holds well for our island.
Ms. Nakamura: One of the recommendations in the draft of the
East Kaua`i Development Plan was to convert it to a cultural park. That might
include some accommodations, or may not. The idea was to look at the historic
value of that area and to see if that could be somehow preserved, maybe not just
with the County's resources, but by galvanizing other resources and so forth. Do
you have any thoughts about that?
Mr. Isobe: I have heard of the concept. Personally, I think
that is an interesting concept to at least...and it is worthy of exploration and
further thought. Whether or not it has the potential to be economically viable, I do
not know. I think that is something that should be considered.
Ms. Nakamura: To me, one of the very exciting initiatives coming
out of the Planning Department is taking out a much stronger, proactive role in the
six (6) year Capital Improvement Program Report by creating standardized forms
for Departments to use, requiring some sort of prioritization within Departments,
giving it to Planning Department, and making it a much more usable guidance
document. To me, that requires some Planning Commission overview. Do you have
any thoughts about that six (6) year C.I.P.?
Mr. Isobe: I would like to see the six (6) year C.I.P. tied very,
very closely to the General Plan document. The hope or at least my hope is that the
General Plan would also steer how the Government C.I.P. is going to be utilized and
where some of those resources need to go. Whether roads need to be improved or
sewer systems need to be improved, or parks put into place.
Ms. Nakamura: Finally, with the question I asked earlier about the
role of the Commission to hire and remove the Planning Director is a much stronger
responsibility for this Commission. As former Boards & Commissions
Administrator, you have seen how this is actually used. I was just wondering your
thoughts. Are we at the level where we are and the Commissions are in actually
doing this and doing this annually, and having clear expectations?
Special Council Meeting 22 February 5, 2013
Mr. Isobe: I think the Commissions and the people who serve
on the Commissions are off to a good start. Can it be better? Absolutely, it could be
better. Even while I was there, one of the things that we kind of began talking
about but were ringing our hands over is, "How do you train the Commissioners to
in fact do effectively evaluations of the Directors?" It is a very difficult thing to do.
You are asking laypeople to kind of evaluate the Chief of Police or the Liquor
Director, without fully knowing or understanding the complexity of the job. How do
you do that? We have looked at, and I am sure the Office is still looking at, is how
do you bring in a certain level of expertise that can facilitate and assist
Commissioners in understanding, one, their role; and two, how do you then
effectively evaluate? You need to do it in a way that that evaluation system is
objective and used systematically across the County.
Ms. Nakamura: That is where I am really getting at. If we are not
able to do a good job in evaluating the top level, highest paid people within the
County, how can we expect that thinking and that knowledge should be passed out
throughout the entire County?
Mr. Isobe: I agree.
Ms. Nakamura: That is where I think it starts, at the top. We need
to refine our processes to get it right.
Mr. Isobe: I am sure those conversations are occurring. I am
hoping that you will see many improvements as the years go by.
Ms. Nakamura: Thank you.
Chair Furfaro: Okay. John, first of all, I want to follow up on that
item. I think when I was on the Planning Commission, every year we did a review
of Dee. I do not think we are developing it. I think it went dormant. I think it fell
asleep at the switch. I am serious. I have made two (2) presentations to the Civil
Service Commission over the last three (3) years about the importance of
Commissioners who quite frankly to me, have the responsibility. It says that they
are in charge of hiring and terminating. That means everything in between. I do
not agree with the current status. That means you set goals for the Department.
Those goals are evaluated. I presented an upward appraisal to the Civil Service
Commission that this Council uses today for our Clerk. It also includes taking 180
reviews from their peers. How does the Planning Director work with the Director of
Engineering? What is that relationship like? How does he work with Finance?
That is getting feedback from a parallel level. The questions and answers that I
presented to the Civil Service Commission allow their people to give them an
upward assessment. So it exists. I think it fell asleep at the switch. It is like flying
Special Council Meeting 23 February 5, 2013
a 747, putting it on automatic pilot, but nobody is watching the fuel gage. There is
a great story about that in K. K. Kaumanua. They are talking and going to San
Francisco. The pilot comes on board and says, "I regret to inform you that our
number one engine just went peel, and we are going to be thirty (30) minutes late to
San Francisco." This sequence goes on for four (4) engines that run out of fuel.
They are learning how to paddle the life rafts after that. I want to tell you, it is a
very serious piece with me. I think we need to be very, very important that
Commissioners realize that they have the duty to hire and fire the Directors that
report to Commissions. It means everything in between. That is progressive
discipline. No wonder we get ourselves in trouble half the time. If you cannot
reprimand that Division Head during the period of his employment with you as a
Commissioner, we are not doing what we should do. The responsibility for that falls
on the Human Resources (H.R.) Department. Liquor, Police, Fire, and of course
Planning. My two (2) sense for that. Pau.
The next item. I like your commitment to the General Plan. I like to know
that the Planning Commissioners are going to be involved. There was something
said last night that bothered me on the news from a very prominent Senator. It was
about gambling, and basically portrayed a picture that, "We need gambling in the
State of Hawai`i because of the financial woes of the State, and we do not do it, the
State could go bankrupt." Totally talked about that on the television. Made
reference to the shortfalls in the retirement system and so on. What I got out of
that was that I am really worried that does not put new pressures on things that we
have to approve because of the "financial shortfall." That is one of the reasons it
was not introduced by Mr. Bynum. Two (2) years ago, I introduced a Bill that we
are dealing with now that about having a Reserve. I am worried about the financial
pressures that might be on the Planning Commission regarding going forward, our
tax base, and controlling these expenses. The fact of the matter is, we just three (3)
years ago had income equal to ninety-one million dollars from Property Tax
($91,000,000.00). We are down to seventy-eight million ($78,000,000.00). That is a
pretty significant shortfall. Anything going forward would (inaudible) gambling
fees and the Transient Accommodation Tax (T.A.T.) because we are cap now, is
going to fall on the State as income, not the Counties. On top of that, John, we have
to look at all of these real moving parts. The fact that these things need to grow but
the beneficiary is the State becomes concerning. I have a real sense of watching
that piece and knowing the fact that it only reinforces our importance of not being
forced into needing to deviate from our Zoning Plan and our General Plan based on
the fact that we are going to have financial obligations. It is a tough question. We
need people who are business savvy like you, who are on the Commission. I do
believe you understand that concern. Like Mel said, we have four (4) zoned;
Princeville, Wailua, Kalapaki, and Po`ipu. We have those four (4) zoning
destination areas. We have got to make sure that that occupancy is strengthened
there and not diluted by going outside of the resort districts. I am very concerned
that we are driving that way because everybody is talking about the Visitor
Special Council Meeting 24 February 5, 2013
Industry right now, and I have to tell you; the growth we have right now to me, is
really pent up demand. It is not everybody discovered Hawai`i. It is pent up
demand. People have not been traveling for the last three (3) years because of the
economic situation. All of a sudden, we are looking at increases in occupancy in of
seventeen (17) percent State wide, and nine (9) percent increase in the average
daily rate. The average daily rate only benefits the State because they are getting a
bigger piece of the T.A.T. We have to be real careful with those things. There are a
lot of challenging things on the horizon. Quite frankly, we need individuals like you
who are wired for sound in many ways. You know Government. You know business
and the pulse of it. Even with your past business experience, you do not have the
same owners at Princeville that you had when you were employed with them. It is
a different group. We need to understand that there are a lot of scary moving parts
right now at the State. I do not have a question for you other than telling you to
please get involved with reviewing the Planning Directors' performance, regardless
of what may be shared with you. I do not know how you hire and terminate, but
you do not do anything in between. Something is wrong with that. That is coming
from a thirty-eight (38) year business man. Something is wrong with that. You
have to have a plan, you have to have goals, and you have to hold them accountable.
Yes, as an ex-officio, you get the Mayor involved, but that performance review is
done by the Commissioners in my opinion. That is only my opinion. John, thank
you very much for stepping forward. I look forward to your participation on the
Commission. Any other questions? Before we bring up the next candidate, we are
going to have some discussion. I will call the meeting back to order.
There being no objections, the meeting was called back to order, and
proceeded as follows:
Chair Furfaro: Discussion from the members?
Mr. Hooser: Yes, Chair and members. When lookin g at the
Planning Commission specifically for a second, I think we h ave some g ood
candidates here today that are coming forward with a lot of the credentials. My
concern is looking at the totality of the seven (7) members and the fact that we had
not had a person in the slot designated to represent the environment for over a
year. For over a year, that segment has been underrepresented on the Planning
Commission and I am troubled by that. Mr. Isobe is a great representative for the
business community. He has credentials. He actually managed a Real Estate
Development Office. He is Chair of the Kaua`i Economic Development Board. He
has a very strong resume, but yet we have nobody balancing that resume on the
environmental section. Frankly, I do not think there has ever been someone with
strong credentials in that position. I would like this panel or Council to consider
deferring the approval of this business. It is not personal because I think he is a
good representative, but until we get a nomination or a name from the Mayor's
Office with equal credentials to represent the environmental community. The
Special Council Meeting 25 February 5, 2013
decisions are made by a majority, and not having that slot filled with a person
equally qualified. Someone who has credentials, history, positions, and a track
record in the environmental community and preservation, I think is doing this
service to our community. If you look at the questions asked here. All of the
questions are about preservation. It is about access. It is about environmental
protection. All of us value business growth. I think we need to diversify our
economy, but I think we need that position filled. I think we need it filled with
someone who is a true representative of those positions. We all will say we are
Environmentalists, we all will say we are in business, but I think we need someone
in that position sent forth from the Mayor's Office who is more than just a card
carrying member or former member of Green Peace, someone with true credentials.
I think we need to look at the whole picture and look at the balance. I would like to
suggest that.
Chair Furfaro: I think those are some great points, Mr. Hooser. I
do not carry a green card or anything. I have a different approach. To me, it is not
whether I belong to an environmental group or I used to be the President of a Hotel
Association. To me, your point came across as it is "Kaua`i first." Our intent is to
have a balanced Commission there. The problem with that, and I will be glad to
send a joint letter with you over to the Mayor asking him urgently to get us a
candidate to fill the second environmental position that is here. But both of the
current Commissioners, as I understand it right now, are already on their
eighty-nine (89) day extension. A deferral of this would put us in a position when
we are going into some critical areas, that we will only have a five (5) member
Committee. I would certainly encourage co-signing a letter with you to the Mayor
in asking him to more urgently on that vacancy. Other discussion?
Mr. Kagawa: Thank you, Mr. Chair. Points well taken by
Mr. Hooser. I think in the future, for the next opening, I would like to possibly see
the Mayor submit somebody that addresses points raised by Mr. Hooser, but I just
feel confident that both of these individuals basically born and raised on Kaua`i, and
spending their whole life, that makes them fulfill the environmental standards.
Like Mr. Isobe said about growing up fishing with his dad and everything. If he
remembers and keeps those values tight, he would be an excellent choice. Of
course, Ms. Mendonca, being an business owner and obviously she has done a lot for
the community and I think like Mr. Hooser said, in the future it would be good if we
have that as criteria for being on the Planning Commission. We should do it and
should not just list it and not submit somebody directly. Mahalo.
Chair Furfaro: Okay. Vice Chair.
Ms. Nakamura: I would like to add to the point that we also try to
work towards gender equity on the Commissions. I was really disappointed with
the Police Commission being an all male Commission. There is an opportunity to
Special Council Meeting 26 February 5, 2013
appoint an Environmentalist, and I would like to ask that it could be female
Environmentalist position, if at all possible, and that we make a deliberate effort to
work towards gender equity on every Commission because I think we represent at
least half of the population.
Chair Furfaro: I think actually with a census, it is a little bit more
than half.
Ms. Nakamura: Okay.
Chair Furfaro: Good point. Mr. Rapozo.
Mr. Rapozo: Thank you, Mr. Chair. Thank you, Mr. Hooser for
bringing that up. I honestly did not even catch that. I will agree with Mr. Hooser
which the only way we will get that done is if we defer this. I know we are not
voting today and I know we have two (2) members missing, but I do not think it is
that difficult to find an Environmentalist candidate or applicant right now. I can
think of a couple of names right now. Again, I talked about the importance of the
diversity. Whether or not we all agree with each other, that is not the point. The
point is to have that representation. We do not have it right now. The Mayor has a
week?
Chair Furfaro: He has a week to submit another name. That is
correct. However, that leaves three (3) actual current members on the Commission,
and you have got two (2) new appointees that have to be acquainted with the
activities. If you would like to be the one to cosign that request to the Mayor, I will
certainly yield to you.
Mr. Rapozo: No, Mr. Chair, that is fine. I think the letter is
important, but if the letter goes across with a statement that it will be deferred
pending the receipt of a name, I think we will get a much better response.
Chair Furfaro: Just so the members know, I am not planning to
defer this agenda item on next week's agenda. You folks have that ability, but I will
not vote to support it. I am going to support Mr. Hooser's request to move urgently
to get a candidate.
Mr. Rapozo: Okay. Again, I am just voicing my opinion that if
in fact a motion to defer is made next week, I will be supporting a motion to defer
pending an Environmentalist name. I think as we move forward and as we go
through General Plans, it is vital that we have the equity, gender as well. The
representation of the community is a critical one. What I do not see in this County
is a notice in the paper that says, "The County of Kaua`i is soliciting applicants for
the Planning Commission, Environmentalist position." I do not see that. I think if
Special Council Meeting 27 February 5, 2013
that was done, there would be a bunch of names. Then the Mayor can choose who
he wants. At this point, I will be...again, Mr. Hooser, I am assuming you are going
to make a motion to defer next week, and maybe the Mayor can get a name over
here before next week. Unless that happens, I will be supporting a deferral. Thank
you.
Chair Furfaro: I would just like to point out to everybody, if the
Mayor gets the name over, the criteria has already been spelled out that we would
like to have female equity on the Commission, so it has to be a female. It also
requires that person to fill out an application, be applying for that position. During
all that time, the two (2), eighty-nine (89) day extensions; the meter is running.
Just so you are aware of that. I will be glad to send, or if requested by Mr. Hooser,
cosign your letter to the Mayor. That will be your decision. I just want to tell you, a
deferral makes it even more complicated at a critical time. We have had discussion.
Any more discussion? Mr. Hooser.
Mr. Hooser: Yes, I have a couple of things, Chair. Thank you
for engaging in discussion here at this time. I want to make it clear that this is no
reflection on the two (2) people who has been put forward. They are both very
qualified. It is just that I am looking at a balance. We have a very strong candidate
on the business side. Business is important to all of us. The Mayor and the
Administration has had thirteen (13) months to put forward a name to fill this slot
designated for the Environmentalist position.
Chair Furfaro: The second one.
Mr. Hooser: Yes. So thirteen (13) months, and that has not
been done. That means for thirteen (13) months, that balance has been missing.
That voice has been missing. Like Mr. Rapozo said, there are plenty of qualified
people out there. I hope the message goes out loud and clear. I will be happy to
sign a letter. I will look at the repercussions of a deferral, but my intent now is to
recommend a deferral at the meeting if we do not have a name put forward by the
Administration; a qualified name, with true credentials. I think there are plenty of
qualified applicants out there. Thank you.
Chair Furfaro: All good commentary. Again, my role is pointing
out with what might be a short staff. On that item, I am going to say that we have
had this discussion. I will leave the drafting of the letter to you, Mr. Hooser. If you
choose to have me cosign with you, I will be glad to. That will be your decision. We
will go to our next candidate. When we start with the candidate, I want to let you
know that I may have to step out because I had a scheduled conference call with one
of our Attorneys at 10:30. May I call for the next candidate to come up please?
Welcome, Karen.
Special Council Meeting 28 February 5, 2013
CIVIL SERVICE COMMISSION:
• Karen S. Matsumoto —Term ending 12/31/2015
KAREN S. MATSUMOTO: Good morning.
Chair Furfaro: I would like to give you the floor and give you an
opportunity to share a little of your background with all of the members. I have to
say, if I step out, it is just the fact that this was a committed call, and I need to
make it with the County Attorney and with Peter Morimoto. I would like to give
you the floor at this time.
Ms. Matsumoto: I am Karen Matsumoto, for the record. I retired
from the County of Kaua`i in 2011, after working about a little over nineteen (19)
years for the County in the Department of Personnel Services. Prior to that, I had
worked with the State of Hawai`i in Personnel at Kauai Veterans Memorial
Hospital. That was for six (6) years. I have a little over twenty-five (25) years of
service with Government. I also work in between for American Factors (AMFAC)
Hawai i to learn the private sector side of Personnel and was the Employee Benefits
Coordinator at Kekaha u r
S ga . I have learned a lot over the last thirty (30) years,
not only Employment Law, but working with people with the Unions with
employees, as well as the public. I have also worked with the public like Kaua`i
Youth Basketball Association. I am on their board. That has been since year 2000.
We still continue to help support the County and State with our youth.
Ms. Nakamura: Thank you very much, Karen. Are there any
questions for Karen? Councilmember Hooser.
Mr. Hooser: Good morning.
Ms. Matsumoto: Good morning.
Mr. Hooser: Thank you very much for putting your name
forward and be willing to serve. In terms of the issues, challenges, and
opportunities that you see working together with this group; talk a little bit about
those and what you see are the plusses and minuses.
Ms. Matsumoto: I have always been on the employee side and staff
side of Personnel, so I am not really sure about how they work together on the
Commission level. However, I did feel that I could lend some of my knowledge and
experience to them, especially in technical areas where I think there has been a lot
of confusion and they might need help in. Being part of the group, I think I would
be able to contribute to their causes.
Mr. Hooser: Okay. Thank you very much.
Special Council Meeting 29 February 5, 2013
Ms. Nakamura: Any further questions? Councilmember Rapozo.
Mr. Rapozo: Thank you for being here today. You must have
been sweating watching the prior two (2) applicants.
Ms. Matsumoto: Actually, it is cold in here.
Mr. Rapozo: Yes. Were you provided with Article 15?
Ms. Matsumoto: Yes.
Mr. Rapozo: You are quite familiar with the responsibilities?
Ms. Matsumoto: Yes.
Mr. Rapozo: One of the—and I only have one question. It is a
question, but it is more of a request. As Councilmembers, we often get calls from
employees and they are upset with whatever is going on, and most times we refer
them back to the Labor Union that represents them or if it is a contract issue. One
of the issues I think that in all of the Administrations that I have participated in
was the Merit System like the County's favoritism and only certain people get
promoted. What I have not seen the Civil Service Commission in past due is
actually look into that. I have testified, like the Chair. I believe I have testified at
least twice, maybe three (3) times in the past years to the Civil Service Commission.
I believe they need to take a more active role in making sure that our employees are
treated fairly. That is what I am asking. In fact, the Charter does say, "this
Commission shall consist of seven (7) members who shall be in sympathy with and
who shall believe in the principles of the merit system and public employment." If
you should be appointed, is that something that you would set as a priority, that in
fact, trying to be proactive rather than being reactive, and making sure our
employees understand what the Civil Service Commission is for. A lot of people
here are just really afraid to speak u
t sea That is why we have a Civil Service
J Y p up. Y
Commission so that there is a venue that they can go to, to make sure that their
issues are heard fairly and equitably. I just want to see that restored. I am hoping
that I can count on you to bring that with your experience because you have County,
State, and private experience in Civil Service and Human Resources.
Ms. Matsumoto: Civil Service is different than regular employment
kind of thing. It is a public sector thing. I think that is why perhaps it was
disappointing if you go before them and feel like someone else is being favored.
Civil Service is a process where you use the merit system. I believe that to get the
best qualified workers and to get the people that we need to get our projects and
programs in order; I believe that we need to support the merit system.
Special Council Meeting 30 February 5, 2013
Mr. Rapozo: Thank you.
Ms. Nakamura: Councilmember Kagawa.
Mr. Kagawa: Hi Karen. I just want to thank you and your
husband for all your years with community basketball. I remember coaching with
Kaleo Perez and we used to have so much fun. I wish I could go back to those days
when the kids were small. I remember you and your husband being so dedicated, so
thank you for all that you have done for youth basketball. I can see that you are
very familiar with the system and I think one of the big jobs that you guys are going
to have is hiring a new Director. I was wondering what kinds of qualities you are
looking for as far as our new Director. I know you have worked for several. Alan
Tanigawa was there. Mr. Doi was there too.
Ms. Matsumoto: No. I have worked under Alan Tanigawa and
Malcolm.
Mr. Kagawa: Okay. I guess as we go forward, I just wanted to
know if you had any thoughts as to what kind of qualities you are looking for in our
next Director of Personnel.
Ms. Matsumoto: The Charter spells out part of the qualification
requirements. To me, qualification requirements are not only knowledge and
experience or education, but you have knowledge, skills, and abilities. I think those
are the things that we need to focus on.
Mr. Kagawa: I am going to support your nomination and I want
to thank you for volunteering, and trying to help our County to a brighter future.
Thank you.
Ms. Matsumoto: Thank you.
Ms. Nakamura: I would like to follow up on Councilmember
Kagawa's question about the hiring of a new Director. Having had both private and
public sector experience, what do you think is the most important for this position?
What type of background?
Ms. Matsumoto: Really having the public sector background would
help. Other than that, it is a learning experience. Things happen so fast. Day to
day things is just really quick. Now with the County being over two thousand
(2,000), or close to two thousand (2,000), there are so many Departments and
problems that come up daily.
Special Council Meeting 31 February 5, 2013
Ms. Nakamura: That is why it is kind of an incredible opportunity
right now because we have a new Human Resources Department. Because this a
chance to try to change some of the ways we do things, how do we find someone who
can fit the bill?
Ms. Matsumoto: To me, a lot of it is finding someone who can plan
and recognize what the problems are and be able to come up with solutions and to
lead the group, especially now because the Department has doubled in size.
Ms. Nakamura: Do you believe the Civil Service Commission
currently understands the problems within the Department?
Ms. Matsumoto: I have not been to the Civil Service Commission
meetings. I am not really familiar with the people on the Commission right now. I
know who they are, but I really do not know them. I am not really sure. I cannot
say for sure.
Ms. Nakamura: Yes, and because I think from the Council
perspective, having gone through a couple of Budgets, that has really been the
biggest criticism, across all of the Departments, is the length of the time it takes to
hire a position. That is why so many of them...the feedback that we are getting
from the Departments are that it is because of this lengthy, cumbersome process.
Unless that is recognized as a problem, it is difficult to try to solve them. It must
come from within the organization and by the Commissioners.
Ms. Matsumoto: I agree.
Ms. Nakamura: Thank you. Finally, I wanted to ask you, is there
within the current Personnel Policies and Anti-Nepotism Provision?
Ms. Matsumoto: No, there is not. Not to my knowledge.
Ms. Nakamura: Do you believe there should be one?
Ms. Matsumoto: It would be hard to draft, but I think it is possible.
Ms. Nakamura: There are many other Counties with these
provisions, actually an Ordinance. I had been advised that rather than pass
Ordinance, it might be better to change our Personnel policies to have this
requirement. I can pull up tons of examples from other Counties of what they have
included in their policies. Is that something that you would be open to looking at?
Do you think it would strengthen County Government by having this policy?
Special Council Meeting 32 February 5, 2013
Ms. Matsumoto: I am not really sure what kind of effect it would
have because Kaua`i being such a small community.
Ms. Nakamura: Yes.
Ms. Matsumoto: Sometimes, you will miss the best person when you
do something like that. In order to uphold the Merit System and have that balance,
I think you have to take those things into consideration.
Ms. Nakamura: I think some of the better polices have provisions,
so if that person is the most qualified, you make accommodations with respect to
supervision and so forth.
Ms. Matsumoto: I think in drafting it, you would have to put all
those things into consideration.
Ms. Nakamura: Thank you. Councilmember Rapozo.
Mr. Rapozo: Thank you. Councilmember Nakamura said
something that struck me. Now that we have an opportunity and it is pretty rare
when we can appoint a new Director. I apologize if you answered it and I missed it,
but what would be your suggestion...what process would...being that H.R. or Civil
Service Director should have...I do not believe that any Department Head should be
based on the money they get paid and the requirements of the Charter sets forth,
that should come here to be trained. When we hired someone at that level, through
the interviewing process, obviously you are not going to appoint someone that is so
off-based that they would be a detriment to the County. During the process, if you
come across a person who has the right training, experience, and the philosophy
going forward, we would bring him or her in accepting that person's direction, and
allowing that person to make the necessary changes that need to be made. Right
now, this train is off track. What process would you consider? Let us say you are
appointed, you show up at your first meeting, and obviously I am assuming the
discussion has been already started as far as the process. What process would you
recommend to this body as far as appointing a new Director?
Ms. Matsumoto: I am not really sure what the pool of people is out
there that would qualify. First, we need to look at the requirements from the
Charter and look at the H.R.S. and other applicable things. I think we need to look
at what the goals of the Department are and what would be expected of the
individual. Perhaps, go out and recruit.
Mr. Rapozo: D o you envision a Statewide e search or Nationwide
search? Publishing the ads in the...
Special Council Meeting 33 February 5, 2013
Ms. Matsumoto: I would think Statewide.
Mr. Rapozo: Just Statewide? As opposed to getting a name from
the Mayor and saying, "This is who I think would be a good candidate." I guess
what I want to see is that I want make sure that the Commission understands, and
again, we have this discussion every time we talk about Commissions is that the
Commissions are set up to take the politics out of it.
Ms. Matsumoto: Right.
Mr. Rapozo: If we want to change the way we do business here,
we have to bring in some new thinking. From the complaints we have heard, or I
have heard. I can only speak for myself. From what I have seen personally, we
definitely need to make some changes. It is going to be interesting with the new
Director because he or she will inherit a H.R. Department with H.R. Managers, four
(4) H.R. Managers. Nonetheless, they still report to the Director. I think that is the
important part in this equation. Regardless, of who sits in those Manager positions,
the Personnel Director still runs that Department. Those Managers will be first to
carry out the direction and instructions of the Personnel Director, which is selected
by the Civil Service Commission. What I envision is being a very open, objective
process so that in fact, we will get the best candidate possible to really utilize this
H.R. Department in the best way possible. I think the way it is setup now, leaves a
lot to be desired. We have Risk Managers working in one office with anti-drug
office, and really it is a mess. We need somebody with that expertise and someone
who has worked in that field and worked with this kind of arrangement who can
come in and set the direction and the tone. Not someone to come in and learn how
the Mayor wants it done, or how the Administrative Assistant wants it done. It
needs to be how the Personnel Director, based on your selection, wants it done.
Then the Civil Service Commission, in my opinion, needs to support that Director in
their efforts to move forward. That is the only way it is going to get fixed.
Otherwise, it is just going to be a different face, to an old position, and nothing else
changes. I am hoping that you are in agreement with that.
Ms. Matsumoto: I agree.
Mr. Rapozo: Beautiful. Thank you.
Ms. Nakamura: Thank you, Karen for being here. We will be
taking action on the request. We are going to take a ten (10) minute caption break.
There being no objections, the meeting was recessed at 10:36 a.m.
The meeting reconvened at 10:51 a.m., and proceeded as follows:
Special Council Meeting 34 February 5, 2013
Ms. Nakamura: The Special Council Meeting is called back to order.
The last item on our agenda for the Fire Commission appointee is unable to attend
today. That will be rescheduled to another date. That concludes this Special
Council Meeting.
ADJOURNMENT.
There being no further business, the meeting was adjourned at 10:52 a.m.
Respectfull bmitted
,EDDI . OPENII, .
Administrative sistant he County Clerk
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