2020-11-19 Leeward Planning Commission Minutes

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Action: It was moved by Commissioner Kealoha and seconded by Commissioner Vitousek that a favorable recommendation be forwarded to the County Council on ordinance amending Hawaii County Code, Chapter 25, based on the planning director's recommendations, which shall be adopted. A roll call vote was taken, and the motion carried with six ayes (Kealoha, Vitousek, DeFranco, Newberg, Van Pernis, and Carr Smith),no noes, and one abstention (Yates). The hearing ended at 2:24 p.m. [SEE HEARING TRANSCRIPT EXHIBIT DJ MINUTES Approval of the Minutes of the October 15, 2020, Leeward Planning Commission meeting. At 2:24 p.m. it was moved by Commissioner Vitousek and seconded by Commissioner Yates that the minutes be approved as submitted. A voice vote was taken, and the motion carried with all in favor. ADMINISTRATIVE MATTERS At 2:25 p.m. Chair Carr Smith called upon staff to address administrative matters. Mr. Darrow said that a list of applications pertaining to the Special Management Area("SMA") that had been approved through the short form as part of building permits or through the SMA Assessment applications, had been emailed to the commissioners earlier, and that staff would answer questions regarding the list. In response to Commissioner Van Pernis's questions, Mr. Darrow provided the following information: • If a proposed action is determined exempt from SMA Use Permit through an SMA Assessment process, a time period in which the action must be completed is usually provided. If a proposed action is incorporated in a building permit pursuant to the Planning Commissions Rule 9, it is just stated on the building permit that the action is exempt. • If a proposed action is determined exempt through the SMA Assessment process, the determination letter contains a list of conditions. If the determination is that an SMA Minor Use Permit is required, the Minor Use Permit will have conditions of approval, including a permit expiration date. Mr. Darrow said that staff would provide the commissioners with examples of exemption letters and Minor Use Permits. Commissioner Van Pernis requested that they be provided by email. Chair Carr Smith said that she had asked staff to put the subject of recusal on a future meeting agenda. She said that the commission rules currently do not address the matter, and that having a rule or guidelines on how to deal with recusal would be helpful. She said further that the commission rules also do not provide the option of kanalua vote and asked if the commissioners had any opinion on the current voting rule that only includes yes, no, and abstention. Commissioner Newberg commented that he was unsure of the boundary of potential conflicts of interest that might be necessary or unnecessary to be mentioned and also when to be mentioned. 4 Leeward Planning Commission November 19,2020,Meeting Minutes