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HomeMy WebLinkAbout04/10/2013 Special Council Meeting Minutes-Interview SPECIAL COUNCIL MEETING APRIL 10, 2013 The Special Council Meeting of the Council of the County of Kaua`i was called to order by the Council Chair Jay Furfaro at the Council Chambers, 4396 Rice Street, Room 201, Lihu`e, Kaua`i, on Wednesday, April 10, 2013 at 8:39 a.m., after which the following members answered the call of the roll: Honorable Tim Bynum Honorable Gary L. Hooser Honorable Ross Kagawa Honorable Nadine K. Nakamura Honorable JoAnn A. Yukimura (present at 8:41 a.m.) Honorable Jay Furfaro Excused: Honorable Mel Rapozo APPROVAL OF AGENDA. Mr. Bynum moved for approval of the agenda as circulated, seconded by Mr. Kagawa, and unanimously carried. INTERVIEW: PLANNING COMMISSION: • Angela M. Anderson (Environmentalist) — Term ending 12/31/2013 Chair Furfaro: First of all, let me thank you for being here and putting your name forward to the Mayor's Office for the appointment to the Planning Commission. I have your resume with me. Does everyone have the application, referencing your skills as an attorney, am I correct? Ms. Anderson: Yes, that is correct. Chair Furfaro: You are also identifying yourself as a member of the Democratic Party? Ms. Anderson: Yes, that is correct. Chair Furfaro: I am very happy that you are interested in serving. I would like to give you a few moments to tell the Council a little bit about yourself. Ms. Anderson: Thank you, Chairman Furfaro. I am an attorney and mediator. I have been practicing on Kaua`i for the past six years. I have attended SPECIAL COUNCIL MEETING 2 APRIL 10, 2013 the Richardson School of Law where I obtained an Environmental Law Certificate as well as a Certificate in Conflict Resolution. Before going to Law School, I taught at an Environmental Policy Program in Arizona which was an Interdisciplinary Program and I was the policy "wonk," if you may. Before that, I attended Columbia University where I received a degree in Environmental Science and Economics. I am a mother of two youth daughters. One, age eight and the other age three. We have been living here on Kaua`i for about seven years. I also brought a copy of a condensed version of my curriculum vitae for the Councilmembers, if you would like to review, it gives more detail about my environmental credentials. Chair Furfaro: Ashley, could you get from her a copy of that? Ms. Yukimura: Good morning, Angela. As I told you before we started this meeting, I could not think of a better candidate, so I want to congratulate the Mayor for putting your name forth. I hear you applied after hearing that there was a search for an environmental candidate. There has been in the past some real controversies about qualifications about appointees for this p osition. I have no questions along those lines and I am really glad that you are stepping forward. There is a potential for conflict possibly, with respect to your husband's work... is he working on shearwaters? Ms. Anderson: Yes, he is. He is a Planning Coordinator for Kaua`i Habitat Conservation Plan for the she arwaters. Ms. Yukimura: You are familiar with conflict of interest, so in those cases, you would recuse yourself if an issue came before the Planning Commission? Ms. Anderson: Yes I would. I am familiar with the issues of conflict and at this time, I do not perceive a conflict but if there was an issue where there was a direct conflict, I would step aside for those decisions. Ms. Yukimura: I do not see a conflict right off hand but there potentially may be. Ms. Anderson: Yes. Ms. Yukimura: And you have a background in conflict resolution which is a really interesting background for a Planning Commissioner. Can you tell us more about your background in that? Ms. Anderson: When I decided to go to Law School, I was really interested in... what drove me to go to Law School was my interest in Environmental Policy. What I saw primarily with Environmental Law was that it SPECIAL COUNCIL MEETING 3 APRIL 10, 2013 was lawsuit driven and that in many times in environmental disputes would be caught up in the legal system for many years where there was not an actual solution on the ground taking place and the degradation of the natural resource or it had to do with endangered species that it would continue until there was eventually some sort of settlement. I went to Law School with the intention of coming up with a better way to solve these environmental disputes. For me, that was through a collaborative approach and so I focused my studies on alternative dispute resolution and looked to train myself as a mediator. In conjunction with my Environmental Law degree, I went outside of the Law School and I believe I was the first Law student to do this... connect the Matsunaga Institute for Peace with the Law School and have a certificate in conflict resolution as part of my Law degree. Now there are connections made... there are other students following my example but I was the first student to do that. Ms. Yukimura: That is very interesting and a wonderful thing that you did in making that connection. You may in your position as a Planning Commissioner, perceive new ways in which we can solve conflicts that come up before the Planning Commission. I will be interested to see how that possibility unfolds with you on the Planning Commission. Mr. Bynum: Ms. Anderson, thank you for being here today. Thank you for your willingness to serve. Have you watched any Planning Commission Meetings on TV or are you familiar with what goes on there? Ms. Anderson: I have watched a few but I do not own a television so I have seen a few of the webcasting as well as I have sat in on Planning Commission Meetings previously. Mr. Bynum: The Planning Commission in my mind is the most serious of our Commissions in terms of commitment and responsibilities. It is a very serious commitment from the Planning Commissioners that presently are serving. They need to spend considerable time being prepared for each of the twice monthly meetings. Is that a level of commitment that you are prepared to make? Ms. Anderson: It is. I am aware of the workload and I am really committed to this island and I would say that it is an honor to be on the Planning Commission. Mr. Bynum: And it is also the highest profile Commission. The meetings are televised, and the Planning Commissioners here in our County, like the City and County Planning Commissioners make recommendations. Here, our Planning Commission makes serious decisions that impact the community, some times act in a quasi-judicial role when there are contested case hearings. You are familiar with all of these issues, yes? SPECIAL COUNCIL MEETING 4 APRIL 10, 2013 Ms. Anderson: Yes. Mr. Bynum: Also, it is a Commission that has oversight of the Department in terms of hiring and firing the Planning Director. One of the things that all Councilmembers have been encouraging the Planning Commission to do is to realize that despite the regulatory workload, which is huge, there is this oversight world that is unique to only a few of our Commissions. These kinds of things, I have said to all the Commissioners, you got to really seriously think about this. It is a high profile position. Some of our Planning Commissioners get comments on blogs, people think there are good ones and bad ones. I think of no other place other than the County Council where you have that high level of public scrutiny on the words you speak, on the things you say. You are aware of that, right? Ms. Anderson: I am aware of it and I believe I am prepared for it. Mr. Bynum: Great. I just want people to go in with their eyes wide open. Your credentials are impeccable in terms of fulfilling this environmental role and I thank you very much for your willingness to serve. Ms. Anderson: Thank you. Mr. Kagawa: I want to echo Councilmembers and I think on paper, what you have been through as a UH graduate, like me, so we have something in common. I am just really impressed with your background and it seems like you are the perfect fit for what this Council has been asking for. We have been telling the Mayor that he needs to fill that environmental position and with your law background in that area, he found the perfect candidate. I want to thank you also. I know you have two young children but what State did you grow up in? Ms. Anderson: I grew up in Washington State. I actually moved around a little bit as a child, I was born in Germany. My father was in the military and he retired at Fort Lewis and so I grew up and went to High School in Washington. Mr. Kagawa: Thank you. Once again, the Planning Commission is a very important body and with your qualifications I am just so happy that you have applied and you will have my support. Good luck in serving. Ms. Anderson: Thank you. SPECIAL COUNCIL MEETING 5 APRIL 10, 2013 Ms. Nakamura: Thank you for putting your name forward and sounds like you have a very rich background that would contribute to the Planning Commission. I wanted to ask you in your current law practice, do you do land use permitting? Ms. Anderson: Currently, I am not doing land use permitting. I have worked with land use permitting in the past. The Law Office that I previously worked for, we had clients that looked for assistance with permitting and land use issues. I did work in those types of research matters but currently that is not the practice that I am doing. Ms. Nakamura: Do you have some familiarity with the Comprehensive Zoning Ordinance? Ms. Anderson: I do. Ms. Nakamura: The Planning Commission is one that meets twice a month and sometimes very long meetings; do you have the flexibility in your job to make that commitment? Ms. Anderson: I do have the flexibility thankfully; I have my own Law Office. I am my own boss and make my own hours. I also have a very supportive husband who will assist with childcare when needed. Ms. Nakamura: Your background as a mediator in conflict resolution, I think will be a great asset to the decision making body. In the Natural Resources section of the Hawai`i Bar Association that you are a member of, can you tell us a little bit about what you have done? Ms. Anderson: As a Natural Resource Section Bar Member, I have been able to take types they advantage of the different t es of resources that the have available. They have some time to webcast; unfortunately, most of the activities take place in Honolulu. So when they have Speaker Series or Brown Bags, I have not been able to participate in them to the fullest but I do try to make it over at least once a year for a CLE or some sort of continuing legal education in reference to Natural Resource Preservation & Conservation. Ms. Nakamura: Thank you. Mr. Hooser: Thank you very much for being willing to serve. My first question is, why do you want to do this? Seriously, why do you want to do this? It is a lot of work, time, time away from your family, and when you are done with it however many years you serve, what do you want people to say about you? As you serve on the Planning Commission, what do you want to be known for? SPECIAL COUNCIL MEETING 6 APRIL 10, 2013 Ms. Anderson: In terms of "why I am here," and "why I want to make this commitment?" It is something that started for me a long time ago when I initially made those connections as an under graduate looking at the economics, environmental science, and really seeing that it does not have to be necessarily be mutual exclusive. I do believe that I have a lot of offer here on Kaua`i. I moved to Kaua`i because of its beauty and I believe that it was the perfect place to raise a family. I want to be able to be a part of its preservation of what I see as something that is very unique and special as well as be a leader within the community. I see that there is a need for a new prospective and perhaps the next generation to step up to some positions of leadership and I really feel that it is my time to do that. Mr. Hooser: Great. You will be in a position working with the other Planning Commissioners and some of the decisions you will be making will have a financial impact of tens of millions, possibly hundreds of millions of dollars in terms of land use changes. This is probably the only time you will be before the Council and the only time that... unless we go testify at the Planning Commission and so I want to use a little bit of that time to express my concerns about Commissioners in general. This role, specially, is one of two environmental slots and I see that myself as being a voice on the Planning Commission speaking on behalf of the Planet, if you would. One concern I have is that it is a really tough environment. You have high power attorneys from landowners and developers, you have Planning Commission Staff, Planning Department people, you have other Commissioners there, you have everybody pushing for what they think is right and I wanted to know that you are tough enough. From your resume and from your background it certainly looks like you have the skills and training. The mediation part is good but it is not always about meeting people halfway, so I am really hoping that you will be strong enough to look out for the interest of the community and environment first and not always, which is often the case, when people ask for a 100%, you give them 50%. Sometimes you have to give them nothing, in my opinion. Tell me why you are tough enough? Because you will be in a very high pressure environment in some situations. Ms. Anderson: I have left off the part of being a black belt in karate. And it is not really a joke; I am a black belt in karate. So, I do think I am tough enough. Mr. Hooser: Are you serious? Ms. Anderson: Yes. Mr. Hooser: That was a good answer. SPECIAL COUNCIL MEETING 7 APRIL 10, 2013 Mr. Bynum: He wants to revise the question. Ms. Anderson: I have been involved for five years in doing some pretty high stakes litigation working with attorneys from the mainland, Honolulu. I understand there are different roles to play and I do believe that I will be able to use my collaborative I skills as a Planning Commissioner but it is not necessarily that I will be the one, like you said, meeting people in the middle. I do see my role as the person to really make sure that the environment is taken into consideration, that we are not diminishing the value of certain issues when it comes to aspects of the environment that may not have a voice. If you are looking at endangered species or the preservation of a particular culture site, there may not always be the voices in the Planning Commission to speak up for those things, so I do see it as my role. Mr. Hooser: Thank you very much for being willing to serve, number one. I think you will do a good job. Also, like Councilmember Yukimura, want to commend the Mayor for making the appointment. Often times when people look at the history of this particular slot on the Planning Commission will know that many candidates have had very weak credentials. They are good people and work hard but very weak background in training and in environmental issues and you clearly are qualified to the maximum. I appreciate the Mayor for making the appointment and I appreciate your willingness to serve. Ms. Anderson: Thank you. Ms. Yukimura: One of the big jobs or roles of the Planning Commission is to hire and oversee the Planning Director. As you might imagine, that is a very pivotal decision. Do we have your commitment to take that job seriously and make sure there is an annual review and that feedback is given? Ms. Anderson: Yes, you have my commitment. In terms of oversight, I do see that as a critical role of the Planning Commission. I have been on other Boards and have experience doing annual reviews for Executives and so I do see that as part of my role and I will make sure to do that, if given the opportunity to serve. Ms. Yukimura: Thank you very much for that answer. Thank you for your willingness to do this job. I really appreciate it. Ms. Nakamura: To follow-up on the annual review, there is also the annual review of the Budget and Work Plan for the Department. Are you committed to ensuring that commitments in the annual Work Plan and timelines are followed? SPECIAL COUNCIL MEETING 8 APRIL 10, 2013 Ms. Anderson: I am. Ms. Nakamura: Because a lot of times the focus is on actual projects before you, whether you are going to approve or disapprove and not as time focused on the big picture of the Department and it is good to hear that you are committed to looking at that big picture. Thank you. Chair Furfaro: First of all, I am very pleased that you put yourself forward. I am the only Councilmember here that actually served on the Planning Commission. I served in the category called "At-Large." I did not have any special traits in Labor or in Business but certainly what drove me was the values that I appreciate for the island of Kaua`i. You have conveyed to me that the value of your stewardship has come across very clear to me in this interview. With your two girls, great place to raise children. Although my family has been a hundred and fifty years on the North Shore, the reality is... all three of my girls grew up on the North Shore and it is just a wonderful island that requires that kind of talents and stewardships that you have provided to us. I want to know if you will be able to make the time as a Commissioner to sit through some of the upcoming General Plan updates. I think that is very important to stay close to that as it develops. I did as a Commissioner and voted against the four hundred sixty-eight acre upgrade in Hanama`ulu to a developer who was applying to have his land rezoned without going into the ten year-cycle. I said "basically you can wait until the next General Plan update." I think that is really important to know that there is a time where the citizens can participate in the General Plan that acknowledges what areas could be considered for zoning changes. I want you to know that that is also going to probably part of your role sitting through some those citizen committee meetings that go around the island. Good way to get feedback. It is probably the right way to know exactly what the right reasons are to vote on something how the general public is feeling. Your mediating skills to me would be a big plus. Let me ask you, you spent two years in Mexico studying the ocean and the desert. Can you tell me a little bit about that? We are going a process with our shoreline. Can you tell me a little bit about that? Ms. Anderson: My experience in Puerto Penasco was at the Center for Ecological and Desert Research. There was a partnership between Biosphere 2 and the Research Center and at the time I was a teaching assistant it "Human Environmental Policy course called Human Role and Environmental teaching Y Change," and we would spend every semester about six weeks down at the Research Center. We would go periodically to look at long-term change in the near shore environment. They had initiated the long-term research some thirty years before we had gone and we were continuing this research to really see the changes in that near shore environment and so when they started doing the research there had been no resort hotels in that area. Over the years the area have grown SPECIAL COUNCIL MEETING 9 APRIL 10, 2013 significantly, so we could track the changes of"how many hermit crabs were located in this particular plot of sand every single year?" It was pretty amazing data. Chair Furfaro: I saw that Puerto Penasco from 1999-2001. Ms. Anderson: Yes. Chair Furfaro: Probably a great skill to possess on our Planning Commission for the purpose of our shoreline standards, setbacks, and so forth. It is really nice to see the skills that you bring to the Commission and the values. I want you to know that I will be supporting you in my vote today when we come up. The vote will be probably later on this afternoon and someone from the Boards & Commissions Staff will notify you after we vote on your nomination here. Wish you the best. It is a Commission that I went through three years with and there are some really valuable relationships that you build with the government dealing with State agencies and the County. I am sure that you will appreciate the time as well. Ms. Anderson: Thank you, Chairman. Thank you for your support. Chair Furfaro: Is there any public testimony on the interview that we just held with Angela? GLENN MICKENS: I just want to sincerely thank this young lady. Her credentials sound amazing and to take her time, energy, and skills to participate in that Planning Commission... she is going to jump into a fire as Gary has pointed out. Sounds like she is more than qualified. I just want to say thank you to her. ADJOURNMENT: There being no further business, the meeting was adjourned at 9:11 a.m. Respectfully submitted, ~` RICKY WATANABE County Clerk :dmc