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HomeMy WebLinkAbout02-9-2010 SKCDP AC Minutes 1 Meeting of Action Committee South Kohala Community Development Plan February 9, 2010 Liquor Control Conference Room, Kona Committee Members Present: Nancy Alvord, Mike Fischer, Margaret Horwatt, Robin Absent: Inaba, Leonard Librizzi, Achahn Schulze, Fran Tabor. Jeannie Palermo. County Representatives: Judith Graham, recorder; Barbara Kossow, Mayor’s Office; BJ Leithead Todd, Planning Director; Wally Lau, Deputy Managing Director; Bennett Mark, Planning Dept.; Margaret Masunaga, Deputy Planning Director; Allen Salavea, Project Manager; Amy Self, Deputy Corporation Counsel. The meeting began at 1:15 pm. STATEMENTS FROM THE PUBLIC There were none. 1.Welcome/Introductions Deputy Director Margaret Masunaga introduced staff and welcomed members of the South Kohala CDP Action Committee. Deputy Managing Director Wally Lau gave a short motivational talk that focused on elements of the Hawaiian word laulima. Among aspects he emphasized were: accepting responsibility, uniting in harmony, learning from each other and managing effectively. Action Committee members were sworn in orally by Mr. Lau. Each member then also signed an oath of office. 2. Sunshine Law Training Deputy Corporation Counsel Amy Self conducted a one-hour training on the Sunshine Law and its application to CDP Action Committee members. She gave a PowerPoint presentation and distributed a handout of the PowerPoint. The Sunshine Law, as later conveyed at this meeting, protects the interest of the public in having government business conducted openly. Basic Requirements: The Action Committee is an advisory board that is governed by the state’s Sunshine Law. Business is conducted at meetings and not elsewhere, and members discuss only what is on the agenda. Members do not engage in serial phone calls or emails outside of meetings, although an interaction of two members on board business outside a meeting is acceptable as long as there is no commitment about how to 2 vote. Minutes of meetings are kept and votes are recorded. Minutes should be available to the public within 30 days upon request. Subcommittees: Subcommittees of up to four members may be established. However, to accomplish something by subcommittee takes three meetings: To create a subcommittee focused on a topic on the agenda, to report back to the full committee without further discussion, and to later take a decision based on an agendized topic. Agendas and Announcements: An agenda may not be amended except by two thirds of the full membership, and amendments may not be on topics of reasonably major importance. Meeting times are announced at the prior meeting including date, time and meeting place. This information must also be posted by the County Clerk’s Office six days in advance of the meeting, and at the site if feasible. The board must accept public testimony. The board can limit public testimony to agenda items and can set a time limit on speakers from the public. If a meeting is to be cancelled, a cancellation notice is posted at the meeting site. Executive Sessions: If the board needs to meet with its attorney on a specific topic only, two thirds of the board can vote to do so, and the meeting is held privately. The vote to do so needs to be recorded in the minutes; the reason for the session is stated publicly. Once the issue at hand is resolved, possibly at a later date, minutes of the executive session are publicly available. Attorney Amy Self will make herself available by cell phone although, due to a busy schedule, she will not attend all Action Committee meetings. 3.Questions and Answers About Sunshine Law Training Community Associations: Members may belong to community associations. Responding to queries by Fran Tabor and Leonard Librizzi, it was confirmed that members may give a summary to a community association. If three members are at the same meeting they may not participate in discussions that relate to board business or are reasonably likely to relate to board business in the future. An efficient approach would be to have two members at such association meetings. In general, two is the “magic number” relative to the Sunshine Law. Submitting written testimony at a community meeting is not different than speaking verbally. Amy Self stated that “now that you are part of government you have to be able to function under these strict guidelines.” She clarified that it is all right to listen (only) to discussions at community meetings. Fran Tabor proposed that when a member speaks in public, to clarify with a preface that states, I am speaking for myself, not for the CDP Action Committee. 3 Allen Salavea stated that learning to live with the Sunshine Law comes with practice, and it is a valuable tool in terms of maintaining credibility with the public. He indicated that Community Associations could be an early agenda item for the committee. Emails: All emails are to be directed to Project Manager Salavea. When members reply to an email, the reply will go only to Allen Salavea although the initial email may have been sent to the entire committee. To ensure this, Allen will distribute emails using the bcc or blind copy function of the software. 4.Introductions, Continued In a round robin those present introduced themselves in more detail. Achahn Schulze is a lifelong resident who received his law degree from the University of Hawaii. Leonard Librizzi has lived here since 2001, mostly on Oahu. He is involved in construction and ranching. Fran Tabor is a retired optometrist who lives in Waimea. Margaret Horwatt has lived in Waimea for 20 years. She is involved in acupuncture, massage, and runs a youth oriented nonprofit that managed and built Waimea’s skateboard park. Planning Director BJ Leithead Todd was born in Japan and brought up in Hilo. She served on a Manoa Neighborhood Board and on this island has held several government positions. She has been a County attorney, County Council member, an attorney for the Planning Department, and then headed the Department of Environmental Management. Bennett Mark of the Planning Department is trained as an engineer and is a certified planner. He has been in Kailua-Kona for seven years and was previously in Hilo. Robin Inaba has practiced architecture in Waimea since 1991. She previously served on the Parker School board of directors. Mike Fischer has retired from his law practice. He lives in Waikoloa. He has family on the island for over 40 years. Nancy Alvord has been in Waimea since 2002 and in the field of real estate for 20 years. She is president of the Ohana Board at Hawaii Preparatory Academy. Allen Salavea is project manager for the South and North Kohala Action Committees, as he was previously for their Steering Committees. His background is in urban planning and geology. So, he has been involved in CDP formation and implementation. 4 Judith Graham (recorder for the committee) works for a branch of UH Hilo in Honokaa, and was previously recorder for the South Kohala Steering Committee. 5.Roles and Responsibilities of the CDP Action Committee Planning Director Leithead Todd led this discussion. She spoke of visioning on implementing the plan and reviewing possible interim amendments to the CDP. The committee might possibly make recommendations to the Planning Director regarding the General Plan. The committee offers a wonderful opportunity to learn about process and be involved. It provides a voice for the community. Most importantly, considering infrastructure aspects of the CDP, look for projects to recommend for the Capital Improvements Program (CIP). The County Council will adopt this in June. The CIP is based on a list; items on the list are good for three years. Items do not include repair, but usually something new or rebuilt--for example, a new connector road or gym. Such projects may involve millions of dollars. Once on the list, a project is eligible for funding. County staff can determine if grants or federal funds are available for initial planning and design work. Projects can move ahead suddenly, so projects need to be ready to move. She said this could be the backbone of CDP implementation. The committee can ask elected officials to get an item on the list. A six-year projection needs to accompany a submittal, although this can be merely a best estimate. Government can help to research the costs. The operating budget will be submitted to the Council on March 1; it usually has second reading in June. She did not regard review of administrative permits as part of implementation. She also said that, in practice so far, the Planning Commission seems to have responded favorably to the community even when the department found a project not in compliance with a CDP. Questions and Answers: The proposed Waimea Park will qualify as a CIP item because it has not been built yet. Because it is expensive, it will desirably serve a large population. A swimming pool for youth and adults seems needed, BJ said. Mike Fischer emphasized the great need for a second road out of Waikoloa Village. Committee members inquired about the status of specific projects including Kamahoa, Ainalea and others. 5 BJ Leithead Todd stated the committee is advisory to the Planning Director and so does not have direct connection with the Planning Commission and County Council. Puako and Kawaihae: She did not recollect major items coming up in South Kohala. DLNR has a lease next to the Kawaihae Canoe Club and a restaurant is planned there. The Department of Hawaiian Home Lands also plans some industrial development. In Puako there are some building permits and one subdivision under consideration. Puako’s kiawe forest, formerly considered for a golfcourse, is now proposed for subdivision into large parcels. The university has property at Puako and will develop a research facility and classrooms. Mayor Kenoi has asked the legislature to turn Hapuna Beach State Park over to the County; he seeks campgrounds in the area. 6.Election of Chair and Vice Chair Fran Tabor moved to table this election and committee members agreed. Allen Salavea will facilitate meetings in the interim. 7.Determine Meeting Schedule The committee agreed on a schedule of the fourth Monday of the month at 4:30 pm. At first, meetings will rotate between Waimea and Waikoloa. The community will be consulted later about possible meetings in Kawaihae and Puako. The first meeting will be in large part administrative. The committee can look at the CIP and consider subcommittees. STATEMENTS FROM THE PUBLIC There were none. ANNOUNCEMENTS In order not to delay the committee’s work, the next meeting will be Monday, March 1, at the Waimea Senior Center. Allen Salavea will confirm the location. Allen also announced that the application process for members will be reopened because one member has withdrawn. The committee will not be involved in the selection process. Applications are due by March 24. The meeting adjourned at 4:05 pm.