2011-08-04 Windward Planning Commission Minutes

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PLANNING DIRECTOR INITIATED Ordinance amending the Puna Community Development Plan, as adopted by Ordinance No. 08- 116 and amended by Ordinance Nos. 10-104, 11-51, 11-52 & 11-53 relating tonon-substantive language, spelling and formatting of certain sections of the Puna Community Development Plan. The Commission took this item up at 12:31 a.m. with three people from the public in attendance: (SEE EXHIBIT E) MINUTES The Commission took up the approval of the following minutes at this time, 12:32 p.m. May 4, 2011 Executive Session Minutes and June 2, 2011 Regular Session Minutes – It was moved by Commissioner Au and seconded by Commissioner Ishibashi that the minutes be approved. Motion was unanimously carried by a voice vote of all Commissioners in attendance. ADMINISTRATIVE MATTERS The following were discussed under Administrative Matters at this time, 12:33 a.m. County Council’s Resolution 16-11 – Mr. Arai said the County Council recently passed a resolution delaying the Council’s actions on General Plan amendments and rezonings within the district of Kau until the Community Development Plan is adopted by Ordinance or until December 31, 2012, whichever shall occur first. Director Leithead Todd agreed with Mr. Arai that this resolution does not have the force and effect of law, the Commission is obligated to process applications in accordance with the Commission’s Rules and Codes, and it would be up to the Council what action it wishes to take when the request is transmitted to them. Civil No.10-1-0286 (Claudia Rohr versus Planning Commission and Hu Honua Bioenergy, LLC/SMA 221) – Ms. Mecklenburg noted that the parties are awaiting the briefing schedule from the Court. Civil No. 11-1-0238 (Bridget Rapoza, The Hilo Project, LLC, Stefan Hagen, Robert And Patricia Ferazzi, Susan Munro And Kerry Glass, Marcus G. Spallek, Raquel Dow, Elaine Munro, and Rosemary Sylvester Gonzalez Versus County of Hawai‘i Windward Planning Commission; Zendo Kern, in his official capacity as Chairman, County of Hawai‘i Windward Planning Commission/SMA 221) – Ms. Mecklenburg said Steven Strauss on behalf of various intervenors has filed an appeal to the Circuit Court, and the County has responded to Steven Strauss’s statement of the case. She noted that Mr. Strauss did not name anyone else in the appeal but that Hu Honua has filed a petition to intervene; and she added that parties are awaiting a briefing schedule from the Court. Planning Commission Rules – In response to Ms. Mecklenburg’s inquiry, the Commission directed her to look into including in the Commission’s rules more specifically how Robert’s Rules will apply, such as the ability to discuss a matter before a motion is made and when a Chair’s vote can be taken, noting in some cases a Chair does not vote unless there is a tie. 6