HomeMy WebLinkAbout03-03-2010 Special Cncl Meeting - interviews
SPECIAL MEETING
MARCH 3, 2010
The Special Meeting of the Council of the County of Kauai was called to
order by the Council Chair at the Council Chambers, Historic County
Building, 4396 Rice Street, Room 201, Li1hu`e, Kauai, on Wednesday, March 3,
2010, at 8:34 a.m., after which the following members answered the call of the roll:
Honorable Tim Bynum
Honorable Dickie S. Chang
Honorable Jay Furfaro
Honorable Lani T. Kawahara (present at 9:15 a.m.)
Honorable Derek S. K. Kawakami
Honorable Bill "Kaipo" Asing
EXCUSED: Honorable Daryl W. Kaneshiro
APPROVAL OF AGENDA
There being no objections, the Agenda was approved as circulated.
Council Chair Asing: With that, what I'd like to do is start with the
interview process, and Duane Curammeng. Duane, good morning. You want to
come up, please. How are you doing?
INTERVIEWS
BUILDING BOARD OF APPEALS:
Duane Ray Curammeng, Electrical - Term ending 12/31/2012
DUANE CURAMMENG: All right, Mr. Asing.
Council Chair Asing: Good, good. Duane, why don't we start off with
your sharing any kind of information you may want to share, whether it's
background, your interests, why you want to serve, and any information you care to
share with Councilmembers.
Mr. Curammeng: Well, I can just start off with I work for Wasa
Electric and I'm familiar with the electrical code. So you know, my boss is actually
retiring also, so in his place, you know, he did mention how, you know, informative
and it can help me, and at the same time help the county as far as issues in
electrical, if there's appeals. And so that's why I'm volunteering. Other than that,
you know, 25 years been in the business, so still busy, I hope, for the next few
SPECIAL MEETING 2 MARCH 3, 2010
months, but it's been good. I have nothing else to add, unless you guys got
any questions.
Council Chair Asing: Okay, thank you. With that, I'd like to open it up
to Councilmembers. I happen to know Duane quite well, worked together while at
the phone company, Duane has worked with Wasa for a long time, and I know him.
So with that, Councilmembers9 Councilmember Furfaro.
Mr. Furfaro: Thank you Mr. Chair. Good morning Duane I'm
glad you're here with us. So your boss is retiring from Wasa?
Mr. Curammeng: Yeah, he's had enough.
Mr Furfaro: Well he's done a lot of electrical work for us at the
Kauai Beach changing transformers and so forth. Are you going to probably
oversee Wasa Electric on his retirement?
Mr. Curammeng• If the company feels, yeah. Right now I'm the
general foreman, so if they decide to move me in his place, you know ...yeah.
Mr. Furfaro: Well, it'd be wise of them to do that. I'm very
impressed with the work from Wasa over my years in the industry. You are a
licensed electrician.
Mr. Curammeng: Yes.
Mr. Furfaro And you... How do electricians update themselves
on the codes? Do you have to go to a class, a seminar ...what happens there, Duane`?
Mr. Curammeng: As you know, a license is renewable... every two
years we got to renew, so yeah. We got to go to a proficiency class through KCC,
and actually, I just got off a 5-year teaching apprentices, and they change I mean
the teaching styles and the, you know, the youth. They're a lot smarter, but
they ...you know, again, you know, it's to work with them and also teaching them
So I've had quite a, you know, review of all the code in the past 5 years myself,
so...which helped.
Mr. Furfaro And I guess the teaching would help you personally
keep up with the code changes and so forth.
Mr. Curammeng: Yeah.
Mr. Furfaro: Mr. Chair, I have no more questions for Duane. 1
feel very comfortable with his potential appointment. Thank you. Nice seeing you.
Council Chair using: Councilmember Bynum
SPECIAL MEETING 3 MARCH 3, 2010
Mr. Bynum. Good morning. I just want to say thanks for being
willing to serve and share your expertise with the County, and I'm glad to hear that
you got work right now. Hopefully that will continue. That's it, just thank you
very much.
Mr Curammeng: Thank you.
Council Chair Asing: Councilmember Chang.
Mr. Chang: Good morning, Duane.
Mr. Curammeng: How's it?
Mr. Chang: Just want to thank you for taking this opportunity
to step up. A great word that you used with the retirement of your boss is
volunteering. You decided to step up and volunteer. So thank you very much,
because that's what it's all about, you know. That's what it's really all about, and
you can make a really, really, really big difference. So thank you for volunteering.
Thank you for what you're doing for your company and for the youth here on the
island of Kauai. We wish you all the best. Mahalo.
Mr. Curammeng: Thanks.
Council Chair Asing: Any other questions? If not, Duane, I don't have
any questions. I know what you can do. I know your ability and your experience,
and I just want to thank you also for serving. Thank you. With that, can we have
the next applicant, Ryan. Ryan Mel de la Pena. Good morning, Ryan.
CIVIL SERVICE COMMISSION:
• Ryan Mel de la Pena - Term ending 12/31/2012
RYAN MEL DE LA PE NA: Good morning folks.
Mr. Furfaro: Good morning.
Council Chair Asing• Ryan, again I just want to open it up to you to
share any information you care to share with Councilmembers.
Mr. de la Pena. Okay. This will be my second term at the civil
service commission. I've served for three years, learned quite a bit from fellow
commissioners, and also from the department of personnel services. Since I started
three years ago, I went back to PMRF. Now I'm working for the federal
government. I'm the data systems division head, which essentially is...I run the IT
department there. That's about it. If there are any questions?
SPECIAL MEETING 4 MARCH 3, 2010
Council Chair Asing: Okay. Councilmembers? Councilmember Furfaro
Mr. Furfaro: First of all, good morning, Ryan. I hope your folks
are well.
Mr de la Pena: They're doing fine
Mr. Furfaro: Good, good. I dust want to let my colleagues know
that I will certainly support your reappointment. I think continuity in the civil
service commission board is extremely important to us, especially in these difficult
times with labor negotiations and financial exposure. So I dust want to thank you
for stepping forward again for a second term, and you will get my support later
today. Thank you.
Mr. de la Pena: Thanks, Jay.
Mr. Furfaro: Thank you Mr. Chair.
Council Chair Asing• Thank you. Any other questions? Councilmember
Bynum.
Mr. Bynum: Good morning, Ryan
Mr. de la Pena: Good morning, Tim.
Mr. Bynum: Are you working for General Dynamics?
Mr. de la Pena: Yes, I was working for Tom Cooper when I got
appointed the first time, and I believe Tom's still on the... salary commission
or... has he dust... He's finishing up too.
Mr. Bynum: So you're at PMRF now?
Mr. de la Pena- Yes, I'm at PMRF now.
Mr Bynum: Sounds like an exciting position.
Mr de la Pena Yeah, it is. It's a federal position. I figured a little
more fob security, but also to work with more people and more technology as far as
supporting the base.
Mr Bynum- Well, thank you for your willingness to serve, and I
agree with Councilmember Furfaro, having the experience and continuity and
continuing to serve is very appreciated. Thank you.
SPECIAL MEETING 5 MARCH 3, 2010
Council Chair Asing: Any other questions, Councilmembers? If not,
thank you, and again, like the other Councilmembers, continuity is always great
with your experience that you (inaudible) in the past. Thank you very much
for serving. Can we have the next applicant... it's...
Mr. Furfaro: Caven. Are we out of order here?
Council Chair Asing: Yes, we're out of order. I think he's... Is
he outside?
Mr. Furfaro: I'm sorry, Jim. Jimmy... This is Jim O'Connor,
right? You're next.
Council Chair Asing: Okay. We have... Why don't we do this? Come on
up, let's go according to the...
PLANNING COMMISSION
• Caven K. Raco, Business - Term ending 12/31/2012
Council Chair Asing: Good morning, Caven.
CAVEN RACO: Good morning, Chair. Members of the Council,
good morning.
Council Chair Asing: Thank you. Well, I guess you're, you know, up
again. So how has it been?
Mr. Raco: It's been challenging, but more educating and
experienced in learning the process and the ups and downs in the planning
commission. But other than that, it's been forthcoming and educational now that
my reappointment now seems to be more viable and valuable that the resources and
experiences I've learned for the least three years that I can use now for continuing
my term, I guess.
Council Chair Asing: Great, thank you. With that, Councilmember any
questions? Go ahead Councilmember Furfaro
Mr. Furfaro: Thank you. Caven, thank you very much for
stepping up and offering your services again. I want you to know that I do plan
very soon to see if I can get on the planning commission agenda, as planning chair
here at the council. Couple things that I wanted to convey to you, and I will be
supporting your reappointment, but I want the commission to know I've... I've had
an opportunity to meet individually with them that if there are areas of concern for
the planning commission that you can certainly send a message to this council,
whether it's dealing with things like needing more funding for inspectors, needing
more time to complete tasks, and I'm particularly referring to what has happened
SPECIAL MEETING 6 MARCH 3, 2010
on the transient vacation rental bills. Certainly I think as I've talked through the
pieces with individuals, I referenced the general plan. The general plan does not
say to terminate transient vacation rentals; the general plan says to regulate it, and
that's based on the fact that when I was on the general plan commission(sic), we
were working on the Kobayashi opinion, and that opinion was it is not prohibited
based on the way that law is read, according to this deputy county attorney. But to
prohibit it, we need to draw a line in the sand and go forward, and this council took,
with the funding approval from. Mr. Asing, we had workshops, stakeholders
meetings for a couple years. In getting to the particulars, we outlined an ordinance
that dealt with making sure that the people are current with their taxes, they have
a TAT license, they have a reservation system in place, they have advanced
reservations, and they are not particularly, and this is subjective, illegal in any
other way as it relates to large distortions from building codes, such as, enclosing
their garage in Hd`ena, and so forth. And I'm glad the planning commission is
here... the planning commission and the chairman of the planning department is
here, because in this council we asked, when we implemented this and we drew the
line in the sand on March 8, we said to the planning department, do you need more
time? Do you need more inspectors? And not once, not twice, but three times the
response we got back was they did not need that time. And it was a very
complicated issue, I agree. And it's very complicated for us to get people to
understand that they have to comply to the law going forward. Being that the legal
interpretation was it was never previously prohibited, the reality is this council
drew the line in the sand and said, okay we're not going to let it grow. Anybody and
everybody, after March 8 of 2009, that did not meet these compliances, did not file,
were basically eliminated from the process. And that's what the general plan says.
The general plan says we need to find ourselves in a position that we can
prohibit, going forward, with this new law. And I'm disappointed and I'm glad the
planning director is here that this material hasn't been conveyed to the current
commissioners, but certainly should be conveyed to the new commissioners, about
the general plan is an ordinance. It used to be a resolution, but it's an ordinance,
and so that's the planning ordinance for the department The general plan is the
document that guides how we're supposed to do what to become in compliance.
There are several other things in there that when I talked to other
commissioners, they go, oh gee, I didn't realize that. For example, how we
terminate with compassion the ADU units on ag land. That's in the general plan.
The general plan says we need to find a reasonable and compassionate way to do
that So the council went and declared everybody, the fact of the matter is, if you
have intent to build your ADU, you have this period of time to comply. And once
you've come and declared your willingness, you had to fill out the application, which
was subject to the review of the planning department. And then you got a stamp
that says for the next 60 months you've declared your intent, we've approved your
application, but it's not going to be extended anymore. That concept was in the
current general plan, and so it's not about as some previous councilmembers might
mention and so forth, it's not about approving ADUs going forward, it really= is
SPECIAL MEETING 7 MARCH 3, 2010
about complying to the plan That document is an ordinance. That document also
doesn't say kill vacation rentals It says, regulate vacation rentals. That plan also
doesn't say in Chapter 5.2.1, it doesn't say that there couldn't be any residence in
agricultural land, because if you read in item "d," item "d" says its primary use in
agriculture district is for agriculture. "E" says the secondary opportunity is to
provide residential unit in a rural atmosphere for residents. You know, we only
seem to read to "d" all the time, and yet that's the document.
The other thing I want to let you know is that is an award winning document,
and I sound like I'm lecturing you, but you know what, I'm so disappointed that this
kind of material hasn't been covered by the planning department to the
commissioners. I'm going to make an appointment to be there as the planning
chair. It also doesn't say that we need to find ourselves redoing a general plan. In
fact, we could save half a million dollars if all we do is go back and revise the
current plan. It's an award winning document. We could probably do that
for 400,000, but yet we've got 950,000 in the upcoming bond float to redo the plan,
to start all over, and yet through people that we contract, like Kauai. Planning and
Action Alliance and so forth, we have a checklist of what needs to be done on ADUs,
on prohibiting growth of future vacation rentals, you know, but it drew the line in
the sand, and we've missed the point.
But I've watched you on the planning commission. I think you're a great
asset to the commission. But I would be absolutely unfair of me not to have your
reappointment in front of me and saying, boy, you folks should have a half a day
you commit to reviewing the existing general plan and find out if we're going to
spend a million bucks for a new plan, or we can just review the plan for 400,000.
And that's what the State law says. It doesn't say we have to create a new plan
every year. It says it has to be revised every 10 years. So you have my support
when it comes to, you know, voting for your (inaudible). I'm very pleased that
you're in front of us, but please take my comments for the value of the whole county.
We have a good plan here We lust need to manage it. And I think the planning
director did share with you the 8 projects that have been funded in the future on a
list from the Lihu`e town plan to the Po`ipu-Koloa plan, and those are critical too
that you folks as commissioners hold the department to, you know, have both feet
on the ground and meet those deadlines. I think that's really important of a
commissioner too, and I say that as a previous commissioner. But thank
you, Caven.
Mr. Raco. Yeah, I agree that, you know, reading and getting
caught up, like the general plan, you know, the edge that I have over my other
commissioners is that, you know, dealing with the planning commission and dealing
with the planning department, more importantly, and the CZO is part of my
profession. So I would know the document or read the document in and out.
Unfortunately, our other commissioners that are not familiar with the document be
able to read that document is almost like a second language to them, and it's very
difficult for them, or at the time when that ADU came out and the ..that ordinance
SPECIAL MEETING 8 MARCH 3, 2010
that did come out for the transient vacation rentals is that the document was a very
thick document. And if you're not familiar with the language or know what you're
reading, you don't know what you're understanding. And half of...
Mr. Furfaro: I appreciate your defense, but I'm going to tell you
right now, that's the problem.
Mr. Raco: Yeah, that is the...
Mr. Furfaro: And it's not your kuleana. It's the planning
director's kuleana, and that's what you folks should hold him to. He :should be there
to make sure. You guys are not there to recreate the transient vacation rules, that's
us. You folks are there to interpret what we set up and how it can be managed so
that it is prohibited in proliferating going forward, not trying to go back and say,
well it's... that's not what the plan says. It became a cottage industry for a small
group of people; we don't want it to grow. It's just like the ADU laws, you know.
We have in the general plan to find a way to compassionately end that-have an
exit strategy. This council has provided that, but in the meantime, every time we
reappoint commissioners, we have to identify two in business, two in labor, two in
conservation or environmental, and one at-large. The department is to provide a
learning apparatus for those individuals, and so I'm just here saying, please hold
the department for you and the rest of your colleagues, and more so for the rest of
your colleagues, about what is expected from the department.
Mr. Raco: I know there's been in the past that the department
did offer some kind of education to the commissioners. In fact, when we always
have a new commissioner, we encourage, when they do come upon, is to, you know,
meet with Ricky to get updated and familiarized with the CZO and what's going on.
Majority half of the time, or more than half the time, you know, because we are
volunteers, to have a commissioner come in and, you know, get updated is very
limited. It's not what we want to hear, but that's what's been happening is that..
I've personally myself, you know, taken the initiative and go and learn the process,
and if there's anything that I'm not clear about, I (inaudible) and get clear about
But there are a few commissioners that they just don't have the time So in
appointing them or asking them, I mean when the times and the agenda was at a
midnight's level and full with agenda items. You know, if you don't read the
packets or know what you're reading and you're not familiarized with the agendaed
item, so in that case, you got a lot of commissioners that are just second-guessing or
relying on the department, and most of the times, you know, the department's
report or the director's report is it's sometimes even mundane that it's hard to read
too, because of... if you not, again, reading or knowing that document that., you
cannot... it's hard to understand, for anyone
Mr. Furfaro: I just want to point out to you, you can't speak for
the rest of them...
SPECIAL MEETING 9 MARCH 3, 2010
Mr. Raco: Right.
Mr. Furfaro: But I can speak for this council, and we structured
a new department called boards and commissions for that intent and purpose. It's
fully staffed. They are identifying/recruiting people that are willing to accept in
their kuleana and their volunteerism to implement the rules and the laws of the
county of Kauai, and they're obligated to make sure that you're as prepared as
possible. That's what I'm saying. I'm not directing this as you; I'm directing this as
the fact as you as a body should be able to reference that kind of understanding.
The general plan is not a resolution. The general plan is a document that took
three years to produce. I left after two years; I got reassigned to Tahiti. But that is
an ordinance now, and that ordinance says, this is the guiding document to
implement the goals and objectives of the citizens committee, of which there
were 36, and it talks about those things. Now it's a 10 year cycle; this is year 10.
We've taken a...addressed the ADUs, which is in the plan. We've addressed the
situations that deal with the rate of growth. We've dealt with situations about
prohibiting growth of the TVR.s, but it didn't say to kill it. And when this council
extends help for inspectors and so forth, and you folks say hey we can't keep up with
the demand, you folks also have a conduit to this council to say we need, even on a
temporary basis, more inspectors, you know. I mean that's the intent of having you
folks there-to really air the bulk of the issues, you now, to have citizens giving you
feedback. And I dust want to point that out, and bottom line as I said, I'm going to
try and get over there to speak to the commissioners at one of the meetings about
the general plan, but it's the next thing on the cycle, and you know, we got to
understand it's an ordinance. And I want to say again, I will be supporting your
reappointment, but I am asking you, because this is the opportunity I get to be on
record, to say please, please convey to the planning team there, and they've made
great progress, but the need to constantly keep you folks well informed, because it's
a big learning curve, I agree. But thank you for stepping forward again, and I will
be supporting you. Mr. Chair, I have no more.
Council Chair Asng: Thank you. I dust have one comment, only because
it was mentioned, and that was the Kobayashi opinion. The Kobayashi opinion is
just what it is. It is an attorney's opinion. It is not a court opinion. It is an
attorney's opinion period, and we have many, many attorneys in this State, and it is
one attorney's opinion; that's what it is. I dust want to make that clear. Thank you.
With that, any other questions?
Mr. Furfaro: Yes, and I want to thank you for clearing that. It is
only an opinion, but that opinion was embraced in the general plan. It's just like
when we hired a county attorney, he happened to be a judge in the past, but for us
to address him as "Nudge Pyun" at the time gave the impression that everything
that he said was the judge, you know. There's an old TV show on Saturday nights,
here comes the fudge. Okay. He was the county attorney; he wasn't the fudge.
SPECIAL MEETING 10 MARCH 3, 2010
Council Chair Asing: Thank you. With that, any other questions`
Councilmember Bynum
Mr. Bynum: Good morning, Caven.
Mr Raco: Good morning.
Mr. Bynum: And I want to start by saying I'm thrilled that
you're re-upping and that you're going to bring your expertise and experience on the
commission and continue to provide leadership. I watch planning commission
meetings, and I know you're currently the chair, and I think you're doing a good job,
and I really appreciate it, you know. And I feel confident in how seriously you take
this responsibility and also your independent thinking, you know, what you've
demonstrated over the last three years--willingness to take a stand different than
the other commissioners, for instance, and really follow your own heart and mind,
which is what more can we ask. Right? So I'm very supportive of your
renomination, but I also have a lot of concerns about the state of land use planning,
and a lot of concerns for the commission in terms of, I think, maybe other than
council or equal to council, it's a really difficult job. It's really complex To do a
good job, you have to do a lot of homework, as you mentioned, and be familiar with
it, and in my opinion, we haven't provided the right structure in our laws and
ordinances to make your job easier. It's like every deal is, you know, every new
development is negotiated with water and with, you know, how are you going to get
this done, because we haven't as a county provided the infrastructure and the
ordinances that are up to date and appropriate to not make every development "let's
make a deal," and have it be so complex, but have standards and norms Would you
agree with what I'm saying, or...
Mr. Raco: Yes.
Mr. Bynum: And so I think the planning department, the
planning commission, this council have a lot of unfinished business in terms of
bringing our land use planning regulatory mechanism to a state that gives you the
guidance that makes your job less difficult, because right now I think it's very
difficult. And then you have this very engaged informed citizenry who often are
expressing, in my opinion, their frustration with you, and their real frustration
should be on the lack of that regulatory framework and mechanisms You know, to
me the general plan also was a award winning and inspirational document. I
probably would not have run for office if I hadn't had read the general plan, and 1
read it a lot still. And to me, it outlined a lot of work for the county to do It
specifically addressed what it considered critical issues, and Councilmember
Furfaro has mentioned some of those, mostly around ag land use issues, but also the
CZO. I don't need to tell you we're working on the CZO that is 35 years old or
something like that, and you know, I've read council documents about the... previous
to my involvement, where the council was anxious that the CZO update be
completed, and that the expectation would be in 6 or 9 months, both in 98 and again
SPECIAL MEETING 11 MARCH , 2010
in 2001/2002 after the general plan came out. You know, in our public record is a
lot of expectation that the CZO would be completed in a few months, and I'm
waiting to see the draft now, and you know, I believe all of those issues make it very
difficult to be a planning commissioner on Kauai right now. And so I think all of
the people over there are very courageous and patient and doing a...but I share
Councilmember Furfaro's concern that we don't work diligently to make your fob
easier, and...because I think it's over and above the call of duty right now. So I
especially have admiration of your willingness to stay and continue to provide your
leadership. I do have a few questions, though.
Just in terms of the workload, you know we have a downturn in the economy.
Is there more... is it less intense in terms of the regulatory side of it? You know, and
is there more time to look at the other side of the commission about governance and
you know, about the policies that, you know, the things I'm talking about, because
that also comes on your plate, and I don't know if it gets the level of attention it
deserves. I don't know, so it's a question. You know, when you get a new ordinance,
whether it comes from the council or from the administration, the planning
commission reviews it, you know, does the commission feel adequate to do those
reviews, or...
Mr. Raco: I don't know. That's a two-handed question,
because as far as community's probably involvement, that would be a good thing
for...to get out input and comments on...before it gets to here, I guess I would say.
Again, in understanding the document, from you know other commissioners, I think
it'll be very difficult for them to comprehend. But if a question is said to if this is
the time, this is the best time to do that. In the last probably... historically the last
two years, it's been a heavy agenda. Last week Tuesday our meetings was out
at 11 a.m., and that's unheard of that we ever had a meeting that short and that
quick. It's usually at 11 p.m. our meetings get out, but by... You know, in saying
that, I think now is the time for training and update and educating our
commissioners, and even reading up on this kind of heavy documents that can go
through thoroughly and back and forth with the department is a key time now; it's
time to do that.
Mr. Bynum: So... and I should know the answer to this question,
but as the CZO gets presented, I understand fairly soon, does the planning
commission review that document and offer recommendations to the council?
Mr. Raco: Yes, I think the department does do their
recommendation. I think the commission has already received that document for a
review as a draft to look over. It's dust something that hasn't come up back up in
the agenda to talk on... about it on the floor. But with this time that we have on our
hands, this would be a good time to bring that up as a commission and have
discussion on the floor to talk about that document, because I think that document
was received probably like 8 months ago or 6 months ago.
SPECIAL MEETING 12 MARCH 3, 2010
Mr. Bynum: Right, and I hope the council has ample time to
review it before we have to make a... We waited 35 years, so maybe we should
really understand what it is, because that's the document we got to live with going
forward. And just to mention some of the unfinished business, we had our citizens
vote a charter amendment that puts a lot of planning responsibilities on this
council, and luckily with that economic downturn, you know, there haven't been
projects that have triggered that. But I don't think we're ready as a county to deal
with that. I don't think we're ready as a council to deal with that, and that's
unfinished business that is huge, because... You know, now the law's the law; we
have to follow the law. I don't know that we know how to do that. And one of the
options is to, you know, write an ordinance that satisfies the goals of the
commission. But you know, where our general plan was very specific in some areas,
and to me those were crisis areas, they said hey, these issues, because usually
general plan gives guidance and vision, but our general plan said, these issues, we
feel very strong need to be addressed quickly, and the council has systematically
tried to address those, but it's taken a long time. Some of those issues are :Mill
unresolved, and... But there's also some things that are inherent, I believe You
know, KPAA was mentioned. They did kind of an analysis of the general plan
several years ago about what were the implementing steps, and they're like 65, only
a handful of which we've even begun to address, right? So...I don't want to...now
I'm coming across like I'm lecturing too, but it's dust a big fob, and I'm very
appreciative that planning commissioners have had to deal with the things that
come at you day to day without the proper structure and framework and guidance
that's necessary to do that job effectively, in my opinion, in my view. And it's
incumbent upon the department and the council and the administration to continue
our due diligence to provide that structural framework that makes more sense, and
that makes not everything that comes before you a very complex matter, because
we've already established those norms, and I think that's a win for everybody-----
developers, citizens who do smaller projects, you know.
I don't think a week goes by that I don't get questions about how does this
work on Kauai, how can they ...you know, my neighbor did this, and I thought ...you
know, I was told something different. I mean it's just like hundreds of situations
like that. So the last thing is I know since I've been on the council when planning
commissioners have come, you know, I've always wanted to point out that you have
all those regulatory responsibilities, but you're also the governance body of the
planning department, kind of like being an exec ...a board member of a nonprofit,
you know. And I don't know if all the commissioners understand that, or if` you've
had ample time. I mean I keep waiting to hear that there are committees on
the... and maybe there are, but committees that deal with governance, as there
would be on a nonprofit board, oh here's the committee that addresses this issue,
and so members are working in subcommittees, is really the word I should say, on
specific issues that have to do with staffing and governance and that kind of thing.
So it's a huge fob, and I am very appreciative of you doing it, and I'm impressed
with what I've seen from you over the last three years, so obviously you're going to
have my Support today. But you know, I think we got our work cut out for us, and
SPECIAL MEETING 13 MARCH 3, 2010
I'm hopeful that ...you know, some of your comments I really take to heart that
maybe I need to be more clear with future nominees about their level of
commitment, because I could imagine ...I read the staff reports that come over here
in particular, and I value the staff at the planning department, there's some really
sharp guys over there... and women, and I also value the input from the
commissioners. Because when it's something that we receive to act on, you've
already gone through a public process. We get a big packet of information, I read
that, I read the testimony, I read the mana`o from the members, and for us that
gives us a head start that you've already gone through that, and when we can, we
should try to honor the recommendations and choices that the commission makes.
So anyway, thanks for letting me babble on, and thanks for re-upping.
Mr. Raco: If I could just, you know, answer one question.
Mr. Bynum: Please.
Mr. Raco: Your question was that if there's a subcommittee or
a committee, I think the last chair prior to me, you know, Jimmy Nishida, he really
implemented a review process of the director of planning to have quarterly updates.
And you know, as a chair, I think that's a good recommendation, because we do set
time in our agenda to review the director, where the department's at, if there's any
complaints, or if there's anything that we need to be up to date with. So we have
been taking a active process of doing that. But more importantly, the reasoning
we're incorporating those kind of interaction and knowledge that what's happening
at the department is that when we do review the director, it's not only a yearly and
just a presentation from him, but more of ..an end result on what's really going to
happen and what have come from the January to the date of that review process, so
that's, you know, an increase in salary or whatever you want to have in that review
process. So we've had...we have been very active in doing that and made it a point
that we will continue to do that to...you know, because people do comment to us.
They go, oh do you know you hire and fire the director, and we all say yes. But at
the end of the day, do we really know what that means, are we knowledgeable of
what the director is doing in the department, so in answer to that, yes we have been
active on getting information and updates (inaudible).
Mr. Bynum: And I appreciate that answer, because to me that
means commission leadership and commissioners are taking an initiative, you
know, not just being reactive to the day to day business that, you know, comes to
you, which is really important, but taking initiative on that issue of governance and
your responsibility for the overall workings of the department. And I believe
commissioners can... could be even more assertive and try to work proactively to
address some of the structural changes that I think are necessary and that are
outlined in the general plan. And then this KPAA document that I found very
useful, they dust kind of went through the general plan with a fine-toothed comb
and said, you know, what are.. you know, what are the things that are actionable
items. And some of them are minor and small, and they don't involve just the
SPECIAL MEETING 14 MARCH 3, 2010
planning department; they involve other departments as well, and even the council.
So I don't know if you've ever seen that document, but if you're interested, I could
make sure you get a copy. So thanks a lot.
(Ms. Kawahara was noted present at 9:15 a.m.)
Council Chair Asing: Councllmember Furfaro.
Mr. Furfaro: Yes You know, first of all I want to correct some
comment that Mr. Bynum just made. He says, I feel like I'm lecturing also Well, I
wasn't lecturing.
Mr Raco No, and I don't take it as a...
Mr. Furfaro: I want to make sure you understand I took the
opportunity to say what I said in front of the members of the management of the
planning department and boards and commissions that are in this audience. And
when I said to you to use this council as a conduit if you need things, I really meant
it. Since the time I've been on this council, we had established funding for a long
term, long range planning staffing group; it's now under Miles. We have found
ourselves, and I reconciled the eight major projects of the Lihu`e town plan with
deadlines that were mutually agreed upon by the planning department staff. Those
deadlines didn't come from us; we asked, when can you complete these things And
know the CZQ wasn't updated the last time 35 years ago, but it was done 12 years
ago. How do I know that? I was one of the CZQ volunteers when the job was
contracted to Avery Youn in 1998 It's 12 years coming to us, so you know, you put
a little bit more window dressing on it when we said 35, but anything more than
three years is concern, because we don't want to consistently change the
commissioners by the time the project comes back. And we have to be reasonable
and we have to expect more on individuals. So you know, when I say we're reaching
out and saying ...on the TVRs, if we would have given you more funding if you had
asked, we asked. We were told no need, poh5 if you give us. Okay`s Well the
process is really run a bit ragged right now, but the other thing I want to point out,
the department, when they approve a project, and by charter you folks are supposed
to review the planning director, it's not something new that came up, it's in the
charter. But when you review that, please also look at the conditions that had been
lined up with the projects. That's where the ongoing management happens, you
know. Koloa Landing, Creekside, and so forth, there are conditions that are
assigned. You folks assigned those conditions. Now who's monitoring them` And
periodically it's okay to ask for a review of the conditions that the commissioners
put on the project, you know.
And see, Mr. Bynum is telling you what I started off telling you You guys
are empowered to do that You are empowered as commissioners to do that So
thank you
SPECIAL MEETING 15 MARCH 3, 2010
Council Chair Asing: Thank you. Any other questions, Councilmembers?
Councilmember Chang.
Mr. Chang: Thank you Chair Asing. Commissioner Chair Raco,
thank you very much for your volunteerism and hard work. I just wanted to
reiterate what the Vice Chair Furfaro was saying. You know, if you need some help
and you need some time, better safe than sorry. You know, if you need to get
everybody together and say look, this ain't happening, I have a different opinion, we
need some help, we need some extra time, I hope you would take that opportunity to
share that with us, number one. Number two, I actually find it not necessarily
alarming, but alarming that some commissioners perhaps might not be briefed or
up to par or not necessarily winging it, but showing up not understanding the
process. Do you folks get briefed, or is there an opportunity the day before, is there
staff to give you the history, what's the recommendation, or... I mean how does that
process work?
Mr. Raco: I mean there is recommendations. I mean we get
our packets before the meeting and updated. When I did say that, when I became a
commissioner, the first year it was really dust a year... first year of dust taking in on
how the process is, and what is that process. I think that's what I meant to say, is
that to be updated and to read. You know, we have times when we can meet with
the planners, but that's really what my comment was, is that they don't come
educated, but again, reading the documents, you dust need to be knowledgeable on
what you're reading. It's a whole... In my opinion, it's a whole other language, and
if you don't understand it and the reference is to CIO's and whatever is
contemplated connected to that, that's where the difficult is, and that takes, just as
a new commissioner when I came onboard, a year for me to just, you know, take it
all in at first and then get the knowledgeable on the process on how that works.
Mr. Chang: You know I guess the reason that I say that is I
understand it's a whole totally different language, and being a new councilmember,
what we do here is totally different. But we have a different mechanism, in which
case we have those that are experienced that have been on the council for many,
many years. The commission turns and burns after two, three years, or what have
you, so there's not a lot of...I don't want to say continuity, but there's not a lot of
history, because you know, a lot of the issues that you folks deal with goes back a
long, long time-1976, you know, 80, whatever. It seems as though there really
needs to be a lot of briefing, because a lot of history becomes involved with what you
folks do, and you know, as we watch the planning commission, you get people that
testify that says they did this, they did this, they did this, they made a call, they
wrote a letter, they paid their taxes, and the next thing you know, they get a letter
like out of the blues that they're in violation, they try to...you know, they try to
make things right, and they don't get a call back or they don't get a...you know, they
don't get any response, and I just wanted to find out, you know, perhaps... You
know, at the end of the day, what is the follow-up, what is the accountability, where
is the pride... I mean do people make adjustments, like oh I heard this was
SPECIAL MEETING 16 MARCH 3, 2010
happening... I mean how does it work? What's the morale like? I mean do people
discuss things that can be done correctly or can be done better.
Mr Raco: Sure Yeah, you know, those conversations are
always happening in the meetings, and you know, with the planners But again,
you know with the short time we have, and as volunteers of the commission, you
know we only have this time of window to get, you know, this much in into this
much here. So most of the time to just combine all of that into a short amount of
time is very taxing.
Mr. Chang: And you know what, I understand that, and
especially as volunteers, but it's such a difficult position to be in, because I'm sure
you guys hear it from everybody left and right. And you know, the last thing I
wanted to ask, out of curiosity, it says length of residency in Hawai`i...how long
have you been a resident?
Mr. Raco: Well, all my life, but went away for, you know,
school and my education and was away for 14 years in the mainland and then came
back home. So that's... I don't know, that question is... do I say my entire life, or do
I say really when I came back.
Mr. Chang: Okay. And the reason I say that, I know you're a
local boy, but when I saw four years, I know you get the mana`o, but four years is
you can't get it all coming to Kauai in four years and figure that out, so...
Mr. Raco: No, it's been longer than that. It's been all my life.
Mr. Chang: I just wanted to get that clarified. Thank you,
Chair
Council Chair Asing• Thank you. Any other questions, Councilmembers9
Councilmember Kawahara.
Ms. Kawahara: Thank you, Council Chair Good morning, Caven.
Mr. Raco: Good morning.
Ms. Kawahara I want to thank you for signing up again to be on
the commission. And I understand that previously you were talking about the
previous chair had set up a evaluation process for the planning director, so you're
going to be doing that quarterly now Is that how it's going to work`?
Mr Raco: Oh, we have been doing it quarterly, and it's not
really an evaluation, but it's more of an update and education of what the director is
doing and where he is going, and what the department is doing. But it. all leads up
back to the day that when we evaluate him, the commission as a whole has
SPECIAL MEETING 17 MARCH 3, 2010
background on answering those questions that... on that salary commission that we
can evaluate him on a more educated fact that we've known what he's done and
throughout the year.
Ms. Kawahara: Okay. Do you... I'm curious about how that works
too. Do you also get information from the papers about what's been happening in
the planning department when things go wrong, how does that get to you guys?
Mr. Raco: As far as, you know, getting information from the
paper, I mean we relatively put our facts together on what the fact is, and if there is
a complaint that comes through the department, that's something that really gets
transmitted up to us anyway as a commission. But based on that, that's when we
will compile it in a quarterly effect and bring these issues back up.
Ms. Kawahara: Okay, okay, great. And just on a personal note, I
wanted to thank you for the courage of your vote on the Coco Palms issue, because I
know you were the only one, but I appreciated that, and I thought it was
courageous, so thank you for that, and thank you again for being willing to be on
the planning commission again. Thank you.
Council Chair Asing: Thank you. Any other questions, councilmembers?
If not, I don't have a question. Thank you for serving. You got a tough job. Just
hang in there and do the best you can.
Mr. Raco: Thank you.
Council Chair Asing: Appreciate it. Thank you. With that, the last
applicant, Jim.
POLICE COMMISSION:
• James Raymond O'Connor - Term ending 12131/2012
Council Chair Asing: Jim O'Connor, how are you? Haven't seen you for a
little while. Good morning.
JAMES O'CONNOR: Thank you Mr. Chair. Pleased to be here.
Good morning. Good morning to the members of the council.
Council Chair Asing: Jim, you want to share any information you care to
share with councilmembers?
Mr. O'Connor- Thank you Mr. Chairman. I would like to state
that I consider myself to be a student... always learning student of history, culture,
and governance, and as such, I have learned and applied and benefited by many of
life's lessons, you would call. So I believe it is my responsibility and obligation to
pass along what I've learned and to give back to the community for the benefits that
SPECIAL MEETING 1 MARCH 3 2010
1 have received. Since entering the business world, some 40 saa<iah...years ago, I
have always continuously served on...primarily in the private sector on committees,
boards or directors, task forces within a variety of private associations and
organizations. Today I feel it's time to give ...to extend my service into the public
sector on Kauai, and I am therefore pleased to accept this opportunity to serve on
the police commission.
Council Chair Asing: Thank you. With that, any questions,
Councilmembers? Councilmember Furfaro.
Mr. Furfaro: Jim, you served on the Kilauea Neighborhood
Center at one time.
Mr. O'Connor: Yes, I did.
Mr. Furfaro: Did you folks do a neighborhood watch at that time
or you were attempting to kick one off?
Mr. O'Connor: We attempted to kick one off...we did get it started,
actually, councilor. We...but it...and we had the police department's cooperation,
and they came and talked with us, and we did set it up. For some reason it didn't
seem to stick that well, but it...for a while it was...for at least a year or two it was
operational on the minimum level in Kilauea.
Mr. Furfaro: Thank you.
Council Chair Asing: I'm a little surprised at what I just heard. When I
say surprised, I know that it was in effect.
Mr. O'Connor: Yes
Council Chair Asing: So to hear now from you that it somehow fizzled
out, I'm dust a little disappointed, because I thought that you folks had worked hard
to get it started, and I recall that, and I dust thought it in my mind that it was
something that continued. But to hear that now, I'm a little disappointed that...
Mr O'Connor: It seems... it's certainly not dead, Chair, but it's.. it
is not what I expected it to be at this point in time.
Council Chair Asing: Okay, thank you. With that, any other questions,
Councilmembers9 Councilmember Bynum.
Mr. Bynum: Good morning, Jim.
Mr. O'Connor- Good morning.
SPECIAL MEETING 19 MARCH 3, 2010
Mr. Bynum: Thank you for being willing to serve, and I
appreciate your statement very much this morning, and I feel the same way-been
very blessed to be on Kauai, and the community has given so much to me. And
so...but you're also on a commission that is responsible for the governance of the
department; I know you know that. And I believe you've served on nonprofit boards
before, and so I, you know, that's been a concern of all the commissions that are
governance, because you also have the business that the charter outlines, reviewing
complaints about the police department, that kind of thing. I wanted to know if you
were aware of house bill 2010 that's going through right now, which has the
potential of changing the police commission's responsibilities. Have you
any awareness?
Mr. O'Connor: It has to do with the appointment of the...
Mr. Bynum: Right.
Mr. O'Connor: ...chief, I believe.
Mr. Bynum: So...
Mr. O'Connor: I am familiar... vaguely familiar, but that I have
not studied it.
Mr. Bynum: Well, you know, if you read the bill, it says require
the county police chiefs to be appointed and removed as prescribed by each county's
charter. You know, I believe there would b ea move to put a charter amendment on
that would make appointment by the...make appointment of police chief by the
mayors, as opposed to by the commission right now, which I would see is a very
substantive change in our charter. And you know, I don't ...I have a position
personally, but I have concerns. Because on one hand I'm concerned about
commissions, whatever commission, and their taking that job seriously of being the
governance and responsibility, almost like the board of directors for the actions on
the department. And I think sometimes commissions haven't done that. They've
dealt with the routine business, but not really take an initiative to be the governing
board. On the other hand, I like the idea of, you know, having an independent body
and having accountability being to the community through citizens that are
involved as volunteers. So it's a very interesting issue that's coming up all of a
sudden. I know the police chief for instance, I believe in a recent meeting, made the
observation that at times the police have to investigate even county workers, or
even political people. And so I suppose there is some... and I'm making these
thoughts out loud, because I think the police commission will have to decide if... how
they feel about it. Do they want to take a position or snake a recommendation about
any future charter... This bill has crossed over, it appears, and went with no
opposing votes. So it seems... and it's being put forward by the council of mayors.
So this would be step one to a potential change in our charter, so this is a fairly
new... My attention to this issue if fairly new, because it came up in a recent police
SPECIAL MEETING 20 MARCH 3, 2010
commission meeting, and I just saw a snippet of it and I'm interested in learning
more about what that dialogue was at the police commission. But I assume this will
be an issue going forward, so I wanted to bring it up today.
Mr. O'Connor: It will be my first opportunity, yeah, to look at that,
but I too have... I was a little surprised too, it carne up to be, honestly. I did not
expect that to be before the legislature this... So...
Mr. Bynum: Yeah, I want to be clear I haven't made any... I
haven't done enough study to understand the motivation and why and the pros and
cons. So I'm lust thinking out loud here.
Mr O'Connor: I understand.
Mr. Bynum: So... But I wanted to...
Mr. O'Connor: So am I.
Mr Bynum: But I didn't...
Mr. O'Connor- But I think our county charter works pretty well
like it is. Thank you very much. But we'll see. I think that there's certainly some
merits on both sides.
Mr. Bynum: And then, how did you come to be appointed to the
police commission? Was it something you sought or were you recruited or...
Mr. O'Connor I was asked to serve.
Mr. Bynum: And I think you bring a really important
perspective, and I'm pleased to support you for the police commission, and I think
your background, your commitment to the community, and you knowledge of
governance in terms of being a board member are valuable tools to bring to the
commission. So thank you for your willingness to serve.
Mr. O'Connor: Thank you, sir.
Council Chair Asing: Any other questions, Councilmembers? If not, I
don't have, but I have just a couple comments. I like what you said. You and I go
back a long ways.
Mr. O'Connor- Yes sir.
Council Chair Asing: Disagreed with you on items, I've agreed with you
on items, and I'd like to dust reflect on two of your comments-life's lessons and give
back to the community.
SPECIAL MEETING 21 MARCH 3, 2010
Mr. O'Connor: Yes sir.
Council Chair Asing: So with both of those, thank you and I will be
supporting you.
Mr. O'Connor: Thank you, Mr. Chair.
Council Chair Asing: Thank you. I'd like to open the meeting up to the
public. Is there anyone who wants to speak on this item? If not, thank you very
much. I'd like to call the meeting back to order and now close the meeting.
Thank you.
There being no further business, the Chair adjourned the meeting
at 9:35 a.m.
Respectfully submitted,
PETER A. NAKAMURA
County Clerk