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HomeMy WebLinkAbout2018 NKCDP Guidelines Template FinalJanuary 2018 OPERATING GUIDELINES OF THE NORTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE NAME: North Kohala Community Development Plan Action Committee (the "Committee" COMMUNITY DEVELOPMENT PLAN AUTHORITY: Chapter 15 of the Hawai'i County General Plan states that the Community Development Plans are intended to be the forum for community input into managing growth and coordinating the delivery of government services to the community. The Community Development Plans (CDP) translate the broad General Plan statements to specific actions as they apply to specific geographical areas. ACTION COMMITTEE AUTHORITY: Chapter 16 of the Hawai'i County Code 1983 (2005 Edition, as amended) establishes a framework for the Community Development Plans and provides that the Planning Department shall administer the CDP Action Committees. IV. ROLE OF CDP PLANNERS: a. Facilitate the implementation of the CDP and serve as a planning resource to the Committee and community; Partner with the Committee and administer to its needs in fulfilling the Committee's duties and responsibilities in implementation of the CDP; Liaise between the Committee and governmental agencies in furtherance of the CDP's goals and objectives. V. PURPOSE: The purpose of the Action Committee is to be a proactive, community-based steward of the implementation and updating of the CDP. The Action Committee should provide ongoing input and advocacy to advance implementation of the CDP goals, objectives, policies, and actions. VI. DUTIES AND RESPONSIBILITIES OF ACTION COMMITTEE: In carrying out its purpose, the Committee shall: Regularly attend Action Committee meetings (meetings may vary in frequency to be either monthly or every other month. Alternate meeting venues within the planning area may be utilized); Invest approximately 6-10 hours of work in between Committee meetings (e.g., reviewing meeting documents, preparing comments and recommendations on agenda items prior to meetings, networking with community groups, and participating in other committee/subcommittee activities, which may include community meetings on CDP -related matters); Attend training workshops about community planning and related issues; and d. Broaden community awareness of the CDP and build partnerships, as appropriate, with community-based organizations to implement CDP policies and actions; e. Take into consideration state-wide objectives and legislation for sustainable and January 2018 long-term plans for the island as a whole; f. Provide timely recommendations to the County on priorities relating to the County operational budget and the CIP budget and program; g. Receive briefings from the Planning Department and other County agencies on matters pertaining to implementation of the CDP; h. Monitor the progress and effectiveness of the CDP including the need for CDP revisions based on emerging statewide plans, new technologies, innovative ideas or changing conditions; i. Review and make recommendations to the County Council on interim amendments to the CDP; j. Serve as the Steering Committee, as set forth in the General Plan, in any comprehensive update of the CDP; k. Provide recommendations to amend the General Plan; and I. Carry out other duties specified in the CDP and/or in agreement with the Planning Department. VII. MEMBERSHIP a. Representation. The membership should reflect a broad cross section of the area covered by the CDP and shall include community -minded individuals providing varying points of view. b. Number. The Committee shall consist of 9 (nine) members. C. Residency. Committee members shall be residents of the CDP planning area. d. Selection. Members shall be appointed by the mayor, and confirmed by the council. e. Seat/Member Term. i. Members' appointment terms shall coincide with staggered seat terms, of up to four years, as established by the initial appointments of members at the commencement date of the Action Committee. ii. When the seat term expires, new members are appointed to fill succeeding terms. If requested to do so by the Planning Director, a member whose seat term has expired may continue to serve as a "holdover" until a successor is appointed to fill the remaining term. iii. A member that has filled a seat term with less than a year remaining is eligible for reappointment in compliance with HCC Chapter 16. f. Attendance. If unable to attend a scheduled meeting of the Committee, a member shall notify the Chairperson or Vice Chairperson and Planning Department staff at least 24 hours in advance and provide a reasonable justification for the absence. g. Resignation. A member may at any time submit a written notice of resignation to the Chairperson and Planning Department staff. h. Removal. Members may be removed upon recommendation by the mayor and the 2 January 2018 approval of the council. i. Ex -officio members. The Planning Director or his/her authorized representative(s) shall be a non-voting, ex -officio member. VIII. OFFICERS: a. Officers shall consist of a Chairperson and a Vice -Chairperson elected by the Committee annually. b. The Chairperson shall be the presiding officer of the Committee and the Vice Chairperson shall be the presiding officer in the absence of the Chairperson. C. No member shall succeed himself or herself as Chairperson unless approved by a majority vote of the Committee in attendance when the vote is taken. If the Committee is unable to elect a new Chairperson or Vice -Chairperson from among its members at the conclusion of the term of its then current Chairperson or Vice - Chairperson, then the incumbent Chairperson or Vice -Chairperson (as the case may be) may continue to serve as such until his or her successor is elected. If such incumbent(s) decline to serve in such capacity, the Planning Director or his/her authorized representative may appoint a Chairperson or Vice -Chairperson from the membership pro tempore (pro tem) or may serve as a non-voting Chairperson. IX. PRESIDING OFFICER'S DUTIES: a. Open all meetings of the Committee by taking the chair and calling the meeting to order; b. Call for the approval of the minutes of any preceding meetings when a quorum is present; C. Maintain order, clarity of process and action, and proper decorum based on facilitation practices, these Guidelines, and a modified form of Robert's Rules of Order as the presiding officer deems appropriate. d. Announce the business before the Committee in the order prescribed by these rules; e. Review all matters properly brought before the Committee, call for votes upon the same and announce the results; f. Subject to Committee approval, establish all subcommittees and make appointments thereto; g. Authenticate by signature all acts of the Committee as may be required by law; h. Do and perform such other duties as may be required by law or as may properly appertain to such office; i. Represent the Committee in all functions as approved and directed by the Committee. X. SUBCOMMITTEES a. Each subcommittee shall operate in compliance with Hawai'i Revised Statutes 3 January 2018 Chapter 92 (Sunshine Law). All actions of subcommittees shall be subject to the approval of the Committee. The Action Committee may establish subcommittees and special purpose task forces (investigatory subcommittees) at its discretion and in compliance with Hawai'i Revised Statutes Chapter 92 (Sunshine Law). At least one (1) Committee member, but no more than four (4) shall serve on each subcommittee. Membership on a subcommittee is not restricted to Action Committee members. XI. MEETINGS All Committee meetings shall be in compliance with Hawai'i Revised Statutes Chapter 92 (Sunshine Law). Rules of practice. The Committee shall operate under Robert's Rules of Order with modifications as may be acceptable to the Committee. C. Ground Rules. Ground rules can help group discussions move forward more smoothly and make a meeting more meaningful and efficient. The Action Committee shall establish and follow ground rules for their meetings. d. Regular meetings of the Committee will be scheduled for at least every other month on consistent days of the month and times. Meeting venues may alternate within the planning area. Adjustments to the meeting frequency and dates may be made to accommodate holidays and special circumstances. A yearly schedule of the minimum number of regular meetings (every other month) shall be voted on by a majority of the Members present at the first Committee meeting in the calendar year. e. Special meetings of the Committee may be called by the Chairperson or the Planning Director provided a minimum of six (6) calendar days' notice is provided and shall be in compliance with Hawai'i Revised Statutes Chapter 92 (Sunshine Law). f. A draft agenda for the upcoming meeting may be established, all or in part, prior to the end of each meeting by the Action Committee. The Chairperson, the Planning Director or his/her authorized representative(s) may add items to the next meeting agenda prior to the filing of public notice of such meeting. XII. NOTICE The Committee shall give written public notice of any regular or special meeting which shall include an agenda listing all items to be considered at the meeting as well as the date, time, and place of the meeting. The notice shall be filed in compliance with Hawai'i Revised Statutes Chapter 92 (Sunshine Law). Individual community members may also request notification by email of each meeting and the agenda for such meeting. The Committee shall not add items to the agenda, once filed, without a two-thirds recorded vote of all members to which the Action Committee is entitled; provided that no item shall be added to the agenda if, in the opinion of the Planning Director or his/her authorized representative, that item may be seen by members of the 4 January 2018 public as being of major importance and action thereon by the Committee could affect a significant number of persons. However, no action shall be taken on such agenda item until a subsequent meeting. The Committee and/or Planning Department shall maintain a list of names, mailing, and e-mail addresses of persons, community groups, and organizations who request notification of meetings and shall mail or email a copy of the notice to such person at their last recorded address upon the filing of the agenda for publication. However, failure to provide such notice as aforesaid shall not be grounds for cancellation of any otherwise properly noticed meeting, or for invalidation of any action taken at an otherwise properly noticed meeting. XIII. QUORUM AND TRANSACTION OF BUSINESS A majority of all members to which the Committee is entitled shall constitute a quorum to transact business. b. The affirmative vote of a majority of those members present at any meeting shall be necessary to take any action, except for actions which are specified to require a super -majority or unanimity by code, these Guidelines, or other adopted specifications such as Roberts Rules of Order. If unable to attend a scheduled meeting of the Committee, a member shall notify the Chairperson or Vice Chairperson and Planning Department staff at their earliest convenience, preferably at least 24 hours in advance, to ensure that there will be a quorum to conduct a meeting. XIV. PUBLIC COMMENTS Public participation at Committee and subcommittee meetings shall be encouraged. The Committee shall afford all interested persons an opportunity to speak, submit data or written testimony on any agenda item in accordance with sub -sections b and c below. It is suggested that ten (10) copies of any written information or testimony be submitted to the Committee at, or prior to, the meeting. b. Oral statements shall be limited to three (3) minutes in length per agenda item, per testifier, subject to the discretion of the Chairperson. At the discretion of the Chair, public comments may be given at the beginning of the meeting, immediately prior to discussion of an agenda item, or at the end of the meeting. C. During Committee meetings, all comments, whether written or oral, shall be limited to the subject matter on the agenda, except that agenda items shall be broadly interpreted to facilitate public commentary on such. Note: Public comments on non -agenda items may be provided at anytime to Planning Department staff via supplied comment sheets and/or email. XV. PUBLIC INFORMATION Publication of Committee meeting notices, agendas, minutes and other meeting materials, such as written public testimony, will be made available on the principal website maintained for dissemination of information concerning the Committee's activities. The minutes of each meeting, together with written submissions from the January 2018 public, any subcommittee reports, and material information provided to the Committee by the Planning Department regarding such meeting, shall be made available on such website in compliance with Hawai'i Revised Statutes Chapter 92 (Sunshine Law). b. Such website shall also include links to a copy of the then current CDP and the County of Hawai'i General Plan, the names of the Committee members, and provision for the submission of communications from the public. C. All Committee records shall be available for inspection and copying by any person at the Planning Department during established office hours within reasonable timelines unless public inspection of such records is in violation of any other state or county law. If any record is not to be made available to the public because of a state or county law, a notation shall be entered in the Committee file for public viewing describing the nature of the document and the law that prohibits public inspection thereof. d. Any person may obtain information, make submittals to the Committee or request information in person or by writing to the Planning Director at planning@hawaiicounty.gov, or mailing comments to 101 Pauahi Street, Suite 3, Hilo, HI 96720 or 75-5706 Kuakini Highway, Suite 109, Kailua-Kona, HI 96740. All documents submitted to the Committee in such manner shall clearly be marked to identify the appropriate CDP Action Committee if intended for consideration at the next Committee meeting. Submittals to the Committee on an upcoming agenda item must be submitted at least 7 days in advance of the Committee meeting. e. Copies of public records printed or reproduced for persons other than government agencies shall be given to any person provided that applicable fees or costs for reproduction and postage are paid by such person. XVI. MINUTES a. The Committee, with Planning Department assistance, shall keep written minutes of all meetings. Neither a full transcript nor a recording of the meeting is required, but the written minutes shall provide an accurate reflection of the matters discussed and action taken. The minutes shall include, but need not be limited to: The date, time, and place of the meeting; The members of the Committee recorded as either present, absent or excused; iii. The substance of all matters proposed, discussed or decided, and a record by individual member, of any votes taken; iv. The substance of any testimony by members of the public; and V. Any other information that any member of the Committee requests be included or reflected in the minutes. The minutes shall be public records and available for public viewing as required by Hawai'i Revised Statutes, Chapter 92, and in compliance with Section 13-20 of the County of Hawai'i Charter, provided that minutes of executive meetings may be I! January 2018 withheld so long as their publication would defeat the lawful purpose of the executive meetings but no longer. XVII. STAFF/PLANNER ROLE: The Planning Department shall coordinate with the Committee in the following ways: a. Administrative. The Planning Department will provide administrative support such as the timely preparation and distribution of the agenda for each meeting to satisfy meeting notice requirements, meeting logistics, correspondence, annual reports, website publications, and preparation and official posting of meeting minutes; Information Dissemination. Depending on the agenda, that the Planning Department make timely distribution of relevant documents to the Committee members. and Technical. Depending on the agenda, that the Planning Department will arrange to have relevant agency representatives attend Committee meetings, as needed. XVIII. CONFLICTS OF INTEREST Committee members shall act at all times in the best interests of the people of Hawai'i County, and in particular the interests of the area covered by the CDP. Whenever a member has a financial, professional, or personal interest in any matter coming before the Committee, such member shall (1) fully disclose the nature of the interest and (2) withdraw from voting on the matter. Any transaction or vote involving a potential conflict of interest shall be approved only when a majority of disinterested members determine that it is in the best interest of the people of Hawai'i County to do so. The minutes of meetings at which such votes are taken shall record such disclosure, abstention, and rationale for approval. Disclosure shall be directed to the Chairperson and Planning Department staff and shall include a comprehensible description of all relevant facts. b. Upon notification by a concerned party of a perceived conflict of interest, the Chairperson or Planning Department staff shall inform the Committee members of the issue and the Committee shall resolve the potential conflict issue prior to a discussion of the matter. XIX. AMENDMENT: There shall be no amendment of the guidelines without the approval of the Planning Director. Amendments may not be made to portions of the Guidelines deemed to be required under State or County law. 7