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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