refurbishing of the intersection and seeming decision by that apartment to not include them this morning we are hoping for some good news for the south valley community we also like to sa department is examining the segmented disconnected sidewalks all to see which ones can be reasonably connected making it safer for protesting there are many reasons for the need for  sidewalks of on the street and especially at this intersection we have opportunity just one to consider is the key a charter high school is located very near this intersection and we can all picture the students riding the bus and they get off at south heroes you know try and have to walk up the street up and down every day and the street is unsafe i personally walk signal but sidewalks continuously of all the past prove me that's just one of the reasons for the need so together all these efforts can bring our area a step closer to a more walkable likeable community good morning my name is marc hyde and the president of south now the citizens for responsible growth and i'm testifying on item number one f one the same as mr moran i'd like to draw your attention to a letter that i wrote dated march the tenth  e mail exchange with on couch supporting sidewalks at this location and select portions of testimony when this matter was first before this commission in august of two thousand and twelve at which time the commission considered whether or not to order sidewalks to be included within this particular project did not do that but instead conditions permit on the consideration by the department of transportation of sidewalks in this project with that consideration to be reduced to writing into what's called a pulmonary compliance report that literally compliance report was ordered to be given to the department of planning to maui county department about the county was ordered to exercise its discretion as to whether or not the facts and circumstances relied upon by the department transportation were sufficient with respect to sidewalks this commission has leverage right now because there was no plimer compliance report written for this project there was a compliance report written dated december the eighteenth two thousand and fourteen more than two years after the project went out to be had without sidewalks and after notification was published in the newspaper that the project was to began and after construction actually began this document was generated after the fact only because out now the citizens for responsible growth asked to see the plenary compliance report believing that it was impossible to proceed with construction without sidewalks at this project because of the existence of significant residential communities on both sides of the going highway this is a pedestrian intersection there is a charter school in the the adjacent industrial park and a high school's going to be built just down the road for that reason the applicant is in violation of that you issued you have the power authority and the duty to enforce that condition and i believe that the only appropriate outcome at this point is for all parties to come together and insist that do that's if s testimony to the commission is that there should be copy so everybody gets a copy of it if they don't already have it you think the department the department make make those copies because he generally or you can pass it around but if it's public i'm linda berry i'm on the board of directors for the key hay community association and i'm speaking on the same issue with the two gentlemen before me as a citizen who likes to walk i'd like to implore you to please do what you  we need i think we need to vote on the order change of the slides right if you're going to change the order on the agenda if fact would you please inform the commission how you would like to change the order and  the commission's ok with that they could by unanimous consent change the order but you would first need to inform the commission how the order of the sites would would be changing ok so they're listed on your orientation workshop  it they're listed on your second flight inference on your agenda they're listed out the way we have them organized in the powerpoint i was just reading it  sorry commissioner we're making copies of mr hyde's testimony we the staff does an orientation for you it's not only for our new members for the benefit of our new members but everybody can use a refresher course every year because we deal with a lot of issues a lot of different types of permits and so this is an opportunity we feel to kind of you know bring everybody up to speed and even our staff some of our new staff and we get all of our staff involved to provide this training to you  we did make a change to it to what's on the agenda so i'll go over how we're going to present to you today the planning framework is going to be covered by kurt from our office county zoning can this will be doing  that h r s three four three which is environmental impact statements and environmental assessments that will be done by heath and then we have our long range division and our implementation division that will be talking to you about long range discrimination and jackie from our office is going to be doing that and then we're going to get into at the end the day all the legal issues sunshine law ethics and other legal issues and we're going to have two attorneys present that that this is part one of your training there's so much that we have that we've and i say the last couple years we started splitting it up so that it doesn't take the entire day so your next training part two is going to be two weeks from now  a very very that's an issue that's come to the front burner recently and so you see a lot of those who are going to take you through that our plan or gina flat flamer is not here today that's why we're taking that on the twenty eighth and then our shoreline team is going to be before you and talk about special management area and our shoreline setback requirements and then also someone from our zoning division to talk about flood hazard so these are issues that you deal with every time you come into this room so we just want to make sure we give you the tools to be able to deal with this if you have any questions before we get started well what we do are there any objections to change in the good morning members of the mounted planning commission my name is kurtz i'm one of the planners in the planning department and you'll be seeing me quite a bit when it comes to especially some complicated projects planning planning  planners and as missioners it's obvious that you all look the future implications of any project but then it's also important to look at historical background certainly that comes with land in title but issues here in the state of hawaii it's no doubt come to the forefront that planning in hawaii is complicated in fact it probably is the most complicated of any of the fifty states in the union with perhaps some exceptions and some small towns in california which are now finding that one of their planning methods is that for certain kinds of projects they immediately go to a public vote future of the island of maui that being the case well regulating paradise is very complex it's multi tiered some people would say it's highly almost duplicative from the state perspective which we'll get into with the state land use commission and also from the county perspective of the myriad of laws that most projects have to go through the state constitution is the penultimate document that's from which everything else flows through during the course of this training and also the subsequent training you'll be looking at how these different laws come together how consistency is  will be talking about our zoning and so we'll be getting an overview of all of these layers and how they come together this is always a useful slide because it represents the complexity of what goes on and that being the case i always want people to have a card carrying information sheet here you take one of the through all this process so hopefully in the next the next day and in the subsequent days you'll be learning about some of the details i'm not going to walk you through this that's all you need to know right there so stay planning continuously involves we have the constitution we have the state planning act that was an act of seventy eight governor abercrombie he added a new day comprehensive plan and sustainability plan so planning continues to evolve whether it's at the state level or whether it's at the county level as i indicated before the project review that you will see will require a multi level review whether that's being  reviewed from the maui island plan perspective the county by policy plan perspective the community plan perspective and the zoning perspective that's all the cheer and we like to believe that zoning can be consistent with a community plan which is consistent with the maui island plan so that a project when it's finally approved is the best project for a particular geographic area underlying all that and you'll be hearing a lot about this is our coastal zone management program that's another tier of regulation in which our sensitive coastal areas must have a higher degree of scrutiny and then of course we have our environmental impact in chapter three forty three of the hawaii  statute in which there are certain projects that trigger an even greater amount of environmental impact those could be triggered by the use of state or county funds they could be particularly critical environmental projects like the construction of a new day and feel helicopter pad and this body often acts as the approving body the accepting body for these environmental assessments an impact statement usually the start of a big project that's what you'll see first what are the environmental impacts once that has been accepted then you move into the whole process of a rezoning a community plan amendment and then you really begin to delve into the project why it is unique from any perspective is the probably one of the most from the planning is that what all land in hawaii from a state perspective is divided by private land holding interests and sense of life state government that there was concern that agricultural land as tourism began to blossom in the early sixty's that the counties perhaps didn't have the ability to regulate their land and that there was a concern that agricultural land was going to be taken out of production for resort development consequently  an important and useful land use law came to being in which all lands then were categorized as one of four categories agriculture conservation as you can see there they comprise certainly the lion's share of all the land with rural and urban taking the rest and this is what surprises many people especially if you're in urban on a loop the amount of land that has been designated from a state boundary perspective of urban has increased relatively little from three to five to six percent over the last few decades cultural land conservation land still has the vast majority of land  so the key point takeaway is that ninety five percent of land still is egg recall traill or conservation that brings us up to a role that this commission acts as and also our state land use commission the state land use commission is a group of nine people appointed by the governor confirmed by the senate that looks at district boundary amendments in which there are greater than fifteen acres so an example would be has been any heavy bass yard it's greater than fifteen acres it's on a land they want to go to urban because it's great in the fifteen acres it goes to the state land use commission if however  smaller projects under fifteen acres wants to make a similar change from agricultural land to an urban designation this commission will review it and make the recommendation to the  council as i said state land use is changing currently s b five one one has passed the senate it has crossed over to the house which will if passed gives state land us commission new and forstmann powers that they don't have at the moment the land use commission has one hour and it and resort to reversion so if you've had a urban designation you haven't complied really their only power is to revert the whole thing back to a should this new bill passed they will have an increasing amount of in forstmann the word right now the county and forces the conditions of state lands commission so this would be a change should that have so the state lands commission has to two big goals one is to look at land from the district boundaries and then process the other is to look at special use permits the special use permit that this body gets to look at more than any other is the use of a short term rental home or a bed and breakfast home in the a district because it's in the district that's considered a special use and so as most bed and breakfast homes are under fifteen acres this commission will hold a public hearing and they'll make the final decision if the use of a short terminal is in compliance with our state a district rules if it's greater than fifteen acres and i have a project that will be subsequently coming up which is a new base yard community for the d l in our division of forestry that requires land use commission approval however this commission will hold a public hearing and make the recommendation to the state lands commission cancer nanda who used to be chairman of this body is one of your state land use commissioners and they do meet on  islands for most of their profit so sometimes helpful just to get a quick real case this is the food in any heavy industrial subdivision subject parcel lies about four miles south of louis and three miles north of  hey it was originally in this state district that being one of the four districts that state as a conservation rural and urban in order to do this they need to change the state district from egg to urban and it's currently designated  be given is this an appropriate piece of land to be re designated from a durban by the state land use commission to be read read as ignited from a community plan a to heavy industrial and to be  it's open to the public of course they do make conditions and so they agree that this could be moved to urban planning commission did agree the community plan members should be changed to have industrial and our three from a zoning perspective and the land use committee of the council they also passed it and it's currently and it's first and second reading for final dispensation so the military commission it's really it is the heart of planning here and now here we have many different organised committees that help help here decision making this can be the urban design review board they're going to be looking at discretionary projects from a design perspective and give you their arbors committee is going to be looking at exceptional trees providing recommendations for nomination of trees on advisory committee gets involved with most projects out in the on a community plan area especially with bed and breakfast and short term rentals the cultural resource commission provides recommendations and also has authority over our historic districts which will be explained in greater length leave that second meeting there's special historic districts  hyena right in the middle of the high and then much of the line of town is a national historic district and so then they get involved also in cultural issues and then of course we have our federal state local agenc so the commissioners role is really important and it's important for you to embrace the creativity because that can come from planning and someone who would like to take advice from warren buffett he said someone someone is sitting in the shade tree today because someone planted a tree in the past so it's just commission that really plants a lot of the trees that are going to make the future for now a county a bright one i can see how much urban love for solar system right now is three and this is five percent so it's gone from urban land has gone from three to five percent over  think part of the push is for the land use commission course we are getting to have a debate as to the role of the land use commission some would say that it's a critical role that provides a nother means by which the public can review projects that can be controversial projects that are going to take a gland in move it into urban it is a quasi judicial process which allows for considerable degree of latitude and the challenge of projects other people would say that it's a duplicative process that it the county is perfectly capable of handling these projects on their own why do we have a group of nine people many of which are from other islands making the decision the debate has gone on for many years in fact just this last year is there even a reason to have the state land use commission so i'm not going to make any public pronouncements as to whether  mission however i believe that there was consideration by the state office of planning and by the land use commission itself that if they're going to impose conditions and they should have the power of enforcement of the conditions rather than going to the most draconian which is reverchon if you've already started a project now you've been in violation these conditions the land use commission's power is to take it clear back to revision so if you have an urban project it's partially being graded and now you move it all the way  say where you wrap so i believe that that's the reason that they're making this legislative consideration question is do you believe that the county is capable of taking on the functions of the state led us commission at this time to have a mission from the directorate and agricultural lands that being said i think that the decision of the state land use commission decision in order that can run into the hundreds and hundreds of pages really should be confined to virtually one sentance extra is re is district boundary change from ag urban that's it we're done there are no additional conditions then the project rose into the county and the county comes up with looking at the specific projects looking at all those occasions that go with looking at the impacts of the project but the role of the land use commission is essentially to say is this land appropriate for a rebound or even from a to urban whatever the project's going to be is that land appropriate for that and then let the county take care of all of the details but if in any event it it appears as if they're going almost in the opposite direction that they're loading it with many conditions right down to how long it takes for the backbone architecture of the project to be done and so it creates a duplications a very involved long complicated expensive process i think the counties are definitely more savvy from one thousand nine hundred sixty one in recognizing what their county should look like and in recognizing the importance of agricultural leaves own saying what kind of street lights they could have you know whether it's low sodium low pressure sodium or high pressure sodium whatever it is they're getting in to that level of detail all the untitled and that's a concern you know we're going to and i think the honolulu advertiser that in the next ten years we're going to be fourteen thousand units behind in just hundred sixty one there was no g i s there was no you know that the the mining departments reach of the counties were extremely rudimentary i've had opportunity to look at today i'll be presenting a brief overview of the term zoning that like zoning one on one and what it means what it entails and its relation to the maui county code and ultimately how it affects your roles as commissioners so owning represents granting to local governments the right to exercise some control over the use of privately owned property zoning ultimately provide some order and consistency to the use of land for example when you drive around the island you'll notice that the uses tend to be consistent for a certain length of time before changing to another type of use so you'll see residential housing for a little while and then it will kind of transition into apartment buildings and maybe to small businesses e in some places on the mainland they don't have a zoning laws or they have very lax zoning laws you could theoretically have a single family home next to a school or a school next to a bar or a fifty story office building so the key point is zoning limits and restricts the uses of land in order to shape land use patterns so in the state of hawaii we had up to forty six h r s which allows owning at the county level and in the county of maui we have title nineteen which is our zoning code and the text is divided into articles chapters sections and sub sections and the two most relevant articles in zoning are in terms owning which was adopted in one nine hundred fifty eight and it was created for the purpose of providing in term regulations pending the formal adoption of comprehensive zoning and mounts and although it was created as just a temporary measure we still do have in terms owning and place today article two is comprehensive zoning and that was hundred sixty it was created in order to regulate land use in a manner that encourages orderly development in accordance with state statues the county charter and the general community plans comprehensive zoning includes a number of zoning districts which most of you are familiar with that you see the residential apartment commercial industrial public clouds i public and park districts so those owning is a tool used to implement the general in community plans now just because your property is own something doesn't mean that you're permanently stuck with it or that you're strictly only allowed to those uses on the property you can change your zoning or you can obtain permits that allow you to do something that might not be like rightly allowed in your zoning district so it's not exactly a quick or easy process but it's possible and these permits are reviewed by the commission so i'm going to go over briefly a few permits that you tend to see that affect zoning so we have a change in zoning the cia and the change in zoning process is found in chapter one thousand point five one zero the maui county code and that allows for a change from one zoning district to another for example from a residential lot to a business lot the commission conducts the public hearing on the application and makes a recommendation to the county council and the council is the final authority on changes so changes in zoning create a new permanent category for land uses and must be reviewed in the context of the surrounding properties and the goal of the community plan and this would be as opposed to the permits i'm going to go over next which does not change the permanent zoning of the parcel but allows special uses so here we have a conditional permit or a c p and in some cases let's say the landowner doesn't want to permanently change their zoning then they can seek a conditional permit and these are described in chapter nineteen point four zero and the intent of a conditional permit is to provide the opportunity to establish uses that are similar or related to the uses that are permitted within the given use zone and it's for a limited period of time the planning commission conducts the public hearing on the application and makes a recommendation to the county council and the county council is the final authority on conditional permit so the key point is that conditional permits must demonstrate that the proposed use is similar related or compatible within a given zoning area then we also have county special use permits these are c yuki's and this is found in chapter one thousand points five zero one a county specially use permit allows for a certain special use in a particular zoning district and those are usually listed in the code especially uses a public hearing with the planning commission is required and the commission is the final authority on county special use permits so here's an example and this is a residential treatment facility then we have plan developments or p d s and this is described in chapter one thousand point three two plan developments are approved through a three step process step one is a review of the conceptual site plan step two involves a review of a sketch of the development including drainage street to ladies grading landscaping open spaces and land uses and then the third step involves a review of the construction plans and public hearings are not are not required for any of the three steps in the plan development process so plan developments are overlay districts that bring incentives such as density and related bonuses to reduce development costs ph the project district is process as outlined in chapter nineteen point four five and the intent of project districts is to provide for a flexible and creative planning approach rather than a specific land use designation a typical project district will have multiple uses within it they're approved through a three step process as well the first phase establishes the land uses and standards for the project district through ordinance the planning commission conducts a public hearing on these and makes a recommendation to county coun is the final authority on the phase one process these two involves approval of the preliminary site plan for the project district the site plan must conform to the standards of development contained in the project district ordinance the commission is a final authority as well to grant phase two project district approval of the preliminary site plan and then phase three of the project district process involves the review of the final site plan for the project and the planning apartment we review the final site plan for consistency with the preliminary site that was approved by this body and have an example of that so we have any project district area and you can see the multiple land uses within the district including open space and golf courses but they also have single family and multi family housing commercial areas and a school so project districts provide opportunities for flexible and creative planning and that's kind of your little intro to a brief overview of some of the and all the time that you have been state public participation and the agency charged with ministering chapter three forty three is the state office of environmental quality control so how does this apply to projects well first of all not all projects are required to have an e t a or environmental assessment or an environmental impact statement or you know yes there are actually nine triggers that require compliance with chapter three forty three the triggers apply to two types of actions those by governmental aid agencies and those by private applicants or individuals are also ten exemption classes exemptions are allowed for actions that typically have minimal or no significant impact on the environment we have a comprehensive list of those things some of the examples might be repairs or maintenance because this thing facilities a replacement or reconstruction of existing structures or facilities minor alterations to conditions of land as i mentioned earlier there are nine triggers which require compliance with a chapter three forty three and as you can see they are use of state or county lands or puns used within the shoreline area use within historic sites  mended county general plan wastewater facilities use conservation district lands reclassification of conservation conservation district lands helicopter facilities and like the wahoo and i don't think you need to be that just because a project needs one of those triggers doesn't necessarily mean that an e a or any i a s would be required as i mentioned earlier there are certain exemptions that are available and an example might be a single family home on the shoreline trigger for the shoreline however one of the exemptions has for  a new small facility being constructed and a single family residence falls within that as long as that residence is under thirty five hundred square feet so there's a trigger to consider it and then there is an exemption to deal with the specific situation in this case so if one of if a project meets one of those nine triggers but it's anticipated that no significant impacts are anticipated in the draft or environmental assessment is prepared and this is probably the first time that you will see a project coming forward the larger project coming forward you'll have the day and in front of you  and that e t a will be provided to you early enough on that you'll have an opportunity to review it prior to the planning commission meeting at which you will discuss the e a a and provide  comments and it's really important that you go through the day when it's given to you so that you're you're prepared to talk about what comments you have a questions you have about the when it's time to review it at the da we will also be sending out the the draft v a for comments from other agencies once all of those are compiled along with your comments then we will be looking at a day which you will review and if that is acceptable a finding of no significant impact would be found also called a fonzie whatever if through the a process it's be turman that there are significant impacts or if ahead of time it speaks german that there will be significant impacts from the project then an environmental impact statement would be prepared and that is done in a similar process however the challenge period is sixty days rather than thirty and it is a far more involved document environment caused by the proposed development and both must consider mitigation measures in order to be prevent lessen or counteract potential impacts and both must identify and evaluate alternatives for the proposed act d farms might have you play impacts that cannot be mitigated in any way so the commission can approve the e i a s and accepting that significant impact doing so is due to the overall value of the renewable energy for the community so an overriding concern that is my presentation after answering questions  ok so what i'm going to do today is run through a few things talking about what l r d staff as the county general plan and two point eight zero b which is really a big part of what we get involved in in what you should know as well how the general plan is organized something about community plans which will come up for the commission in a few years and the role of play commissions along with our community and advisory committee so just to begin the long range division is one of i think we have five divisions now well in th department so we're one of the fi and pokies here is our program advena straighter and then we have two sections within our division we have the banners and you can see we have so our basic responsibilities include preparing the island plans such as the maui island and and the community plans for it made a lot of our work with other departments and agencies the g i s section does a lot of work looking at data preparing the maps many of the maps that you'll see and then we also as i said because of our cultural resources planner he gets involved in reviewing permits what is the general plan it's not just one plan it's actually eleven plans that provides directions for policies and growth they all have a twenty year planning horizon and the process in the schedule is defined by something that's in the code to point b and it all have a little bit more in of information about best as i said that's an important part of what drives our work so we do try and have a community driven process so we involve the public and a lot of the things that we do what it does also is to provide direction to the decision makers an  sentially how do you meet current and future needs you're the decision makers you're going to have to look at it in that way it's also comprehensive so it addresses the plans to address a variety of  all kinds of issues social economic environmental physical environment and again a lot of that is defined by two point eight  so this is how the whole general plan is organized so there is and i actually brought with me there was a county wide policy plan which you may have already and then we have for ireland plans there is the maui island planned which i think you're familiar with and then we have three three other islands of course but we call them community plans so this is where it gets a little bit confusing but they're essentially you can call them island plants but technically we have to call the community plants so we have plans for all four islands and then under that because maui island includes several sub regions we have community plans for the six districts and these are things that these are plans that you'll be reviewing once these get to the point where that's part of the schedule so this is a good graphic to keep in mind in terms of how a lot of pieces fit this is in the code and it describes the legal status of the plans content as well and the process for how we do all of these different plans  latest iteration it redefined the plan to emphasize regional land use island wide plan and what's different this time was called for direct that a directed growth strategy which meant there were growth boundaries which is a new thing for maui it also set up general plan advisory committees on maui so the county wide policy plan which was finished a few years ago provides the overall vision and policy for the whole county so i lose all four islands as well as the si  as i mentioned has a directed growth strategy that has urban and rural development area maps see ip plan and priorities finds long term issues and again gets into island w shoes and again remember they are supposed to be comprehensive so it really spans the whole gamut of issues includes an implementation program which simone is going to talk about and then also again has a twenty year time frame and all of these plans a specified by two point eight zero b are supposed to be updated every ten years and all is and has been worked out but that's ideally what and that's what's in the long planned terms of contents you can you can see how comprehensive it is i won't read all of these subject headings but it is very comprehensive and these are again these are the issues that you're going to be dealing with as you review projects so to go back to just to orient you where you are so we've gone through the county life policy plan the maoi planned so now i'm just going to take you a little bit through the community plans and what that includes just so you know right so the community plan is about identifying current anticipated and current conditions and needs and we have an over we have to develop an overall plan and like the maui island plan calls policies and actions but it's focused on a specific area and this is the question we get off and so this is something that's good for you to know as we hear this really from molokai on a as you know they like their current plan why do we need to change the plan we have now and the response is that for one thing two point eight zero b was enacted and that changed the content and the process of the way we do these plans so we have to just by law have to have a new plan also there's new state legislation as i think current mentioned there are laws about sustainability in climate change adaptation so we have to include those in the into it as well as when you work with the community helping people understand that they're just a whole different set of conditions that we have to deal with  so just to get into a little bit of some of the key update requirements from two point eight o b and this is again spelled out in the quote these are words from the code we have to come up with desired population density so again this is we're going to have to do this for all the different sub areas on maui you're going to have to deal with those potential social economic and environmental effects of future development sequence patterns and characteristics of future development design principles a list of scenic resources a multi modal transportation system so when we running on mall if you're thinking of well what is i mean from all of a very different situation than if you had to deal with this on maui streetscape and landscape in improvements and implementation and monitoring so again these are things that are not in the current plan in addition we also have to have text and goals on sustainability and climate change adaptation because of recently enacted laws deal with hazards economic development housing education health and social services and governance and on and one for example that was a huge issue governance issue because you have one person who owns ninety eight ninety percent ninety nine percent of the island but they're still part of the county so how do you reconcile those two and how do you balance that was really interesting so in terms of the process again this is something that people ask about all the time why does it take so you know how does this work and why did someone else change our plan and this is spelt out and two point eight zero be so what we have to start with is we planted department prepares a draft right from the get go and so we usually have a series of workshops and community meetings to get a sense of what people are thinking so that when we prepare this draft it should reflect what we have for  community it's not something like we just said it or some of the stuff so we do work a lot with the community beforehand to come up with this first draft and it's a very rough draft and then we have a thirteen person community plan advisory committee and we have a series of meetings and two point eight zero b says we have up to six months since the one hundred eighty days to do this so we have to have a series of meetings with the committee as they review the document so the speed at which are our ability to finish this work in six months depends  large part on the committee's ability to go through the material and two they may come of different ideas and we've got to deal with them so the draft is rev so you're going to review it and you're going to have six months and then it's revised again and then we it goes to the council and the council has up to twelve months to review  if they approve it then it's that easy then it goes to the mayor's office if the mayor thinks there are changes needed makes suggestions goes back to the council and then the final approval when you add six months here six months twelve months and then a little bit of time in between each of these to allow staff to make the reversions and come up with the next version you're looking at a minimum of at this point more than two a little more than two years so that's partly why it takes so long if if the c pack finishes their work and four months and that's great then the process gets shorter and it really does depend on seatback being able to get through the material so to conclude i mean your role in all of this is to review and provide recommendations findings and holds revisions on the county wide policy plan and mit and community plans as well to the council you're also going to be  using these plans when you review applications so you'll be when you get an application is candace talked about you'll be looking at nepotism now you plan but the plans for m and the different sub areas and looking at the policies and goals and seeing how they apply sometimes what you'll find though is that the goals and policies make conflict because each of those different topic areas has a goal but sometimes one may not may be below the conflicting with another goal providing jobs versus protecting a natural resource area for example and so that's the nature of planning and that's a nature of these plans and so it's going to be your job to figure out how do you balance all these different goal that's the end of this portion got have a question you know looking being on the commission and looking at long range plan of twenty years it cetera how much influence does a county have with the state as an example feel on a highway and more clearly we're always looking at developments coming in which affects that mean highway but i don't seem to see any turnarounds where it doesn't affect the main thoroughfare it's always there's a stoplight that goes through which we tend there's a full freight traffic or you folks are really looking at turnarounds an area where you don't have what we try to work with the state i mean that's about that's about all i can say is that we do work with the state and we talk to them even when we're doing these plans and we i'm accident on this morning so forgive me ok my name is cmon bosco i'm with the implementation division in two thousand and fourteen the department for and i'd like to just speak with a bit about what implementation is basically it is a simple definition is implementation activities ensure that the the executioner practice of a plan occurs or in method or the planning objective policy is carried out ok very simple we ensure that things h and our activities focus on a number of special projects possibly new legislation and monitoring activities to do to measure and track the progress of the county towards implementation of the general plan ok so my slide basically describes long range activities previously implementation occurred within a long range division in two thousand and fourteen and we split off and you can see that on the top of the circle here is the long range activity of updating the general plan and then what occurs later is the implementation of our eleven comprehensive document which comprise the general plan so our activities focus on the different projects that the department can take on to make these plans happen as a suppose we'd put it that could include new legislation it could include monitoring see ip programming and projects it could include things like impact there's number of different ways to implement typically new legislation implements the plans and that could include code amendments to so essentially we're looking at all the different ways the county can move its general plans for word from you know the over the schedule of time of twenty years we're going to go forward one slides this works better so how we fit in what we have here is a diagram that shows the flow of information between the divisions and i just wanted to give kind of a bird's eye view of how we all fit in so we have all of long range planning here on the right and they are responsible for updating the general plan general plan is what provides legal basis for a lot of the activities that the planning department does include ing the establishment of zoning and also regulation of land uses when the plans are adopted those plans come to need to be implemented so we fit into that implementation will we ensure that the policy is an objective in the c i p programming that the county  stablish is annually actually occurs so we have a number of activities and ensure that where you will fit in and this is why i'm here is your role will be to look at possible new legislation that our division brings to you and then brings forward to the county council for action so we will be receiving your recommendations and your comments on new legislation so that's that's where your role will be and when we come back to you we will be presenting whatever the new building ordinance is or if there's a special project that needs your recommendations will you will be providing that to to to bring to the next body that will be deciding on it ok so from there we act as allies on between all the other divisions so it's kind of a back and forth we work with current planners when they need clarification on any of the contents of plans maui island plan interpretations such things like that will work a little bit with zoning and forstmann because there are there are the agency that really looks closely at regulations and how to you know how to implement zoning and how to enforce the code and then it comes back around to long range planning who essentially is responsible for keeping things updated ok so over a period of years they need to be updating the comprehensive plans is a requirement that the  plans be updated every ten years even though there's a twenty year time horizon for each plant they're required updated every ten years so they're constantly moving forward on all these comprehensive plans and then we come in afterwards regulations too because both act together to implement the plan in each plan there are a number of actions they follow the policies so you'll see they're ordered as goals and that's a very visionary statement for the the the plan area and then underneath that you'll have an objective which is a measurable target and then under that you'll have a policy which sets which guides county decision making it's kind of like this is how we want to see this happen and then underneath that you'll have the actions and the actions are called implementing actions for a reason because we want them done the community says she was this is your to do this is the task this is the action and so we need to come in and do that that's what our goal is and underneath that we have a program and a program you sensually time is an action to a schedule and to budget ok so we work with the county council every year to take a look at their c i p shooting and also we work with the departments the county departments to look at their progress in implementing their actions so we're not alone in this we have to work all together with the departments and asked them how are you doing with implementing your plans and their every year they come in and they tell us that brings me to why it's required by two point eight zero b that we prepare sas reports on the progress of implementation of each plan so all ad agencies are are to comply with the plans including actions and they are also required to r to prepare an annual report on their implementation progress in our division develops a report annually that says this is what we're doing this is our report card for the year this is where we are in progress this is my last slide so again on i've said this before that we are mostly focusing on status reports example of our activities and that that is a quality of life indicator matrix where we look at well what you know what what is it that the county wants for a better quality of life what constitutes quality of life so we'll be developing benchmarks towards that other example of the special projects it might be to develop legislation legislation for for example cluster agricultural subdivision that looks at  we cluster development on ad land in being the best use of our atlanta and preserve it so these are a far more detailed projects your goal again would be to take a look at those if we bring those to you and that this is what the community says it wants to see and of at that point if the plan is just adopted as a plan and becomes a hindrance to development then it's just another of way back in the past when plans with a recommendation at the end of the plan was to change the softening to match the plan so in this particular case you get nine ten community plan the community says this is what we want the future to be why don't we change the zoning to match what the community wants rather than having each individual come yep thank you for the director ken also add to this this this question that is one one option that we have as a department is to do comprehensive zoning ok so it doesn't necessarily always have to occur through individual change in so many applications it can also be a broad there's a broad policy set that we are going to for example as an example change interim zoning t zoning for a category of land ok so yes we can do it that way but it's you know it there needs to be a very strong precedent set for you know a comprehensive zoning change across the entire county like  once upon a time i was one of the staff people for developing some of the community plans being upcountry will be haiku and we do all these plans and the plans we still haven't done a whole lot more with them so i think this needs vision is very important and there's two different things you're going to see a lot of applications to come to you are going to see it like the more of a proactive one kind of sweeping waiting first and application of one is one of proactive and we haven't done a whole lot of this practice  that's why we have this new vision and you're taking on some really good things and we have some proposals within the county council to you know look at our zoning codes and arizona comes from the sixty's early sixt and you know we've done past works on it for you know almost fifty years and you know maybe it's time to look at his own and i don't know we'll you know we'll  specifically comprehensive zoning that's something i think is very important we haven't developed a criteria for it yet but you have the community  maybe we should take we'll take a look at doing the comprehensive zoning and so if it cuts out you know of her own up started out saying it's seven to ten years to get in title so you know and we would save a whole lot of taxpayer dollars in the meantime the you know i don't think we're we would we would say comprehensively zone a project district for instance and maybe some other things because there's so much involved with those with such a specialized zoning you need to go through a more rigorous process for smaller projects and stuff things that have been on the community plans for years are in still projects that kind of comprehensive zoning because i think would be really key towards improving  handed out a signature sheet and also the county policy if you could please fill in your name and sign the top sheet and you can keep the handout and then turn that back into  and this you will get reminders just like all of the two thousand county employees you will get and your reminders of the county's policy against discrimination also the violence in the workplace action so let me just read the first paragraph of the policy that is that the my we the county of my always committed to providing a working environment that is free from discrimination including harassment and retaliation as stated in the hawaii revised statutes h r s chapters three hundred sixty eight two hundred seventy eight and the federal t seven of the civil rights act of one nine hundred sixty four these laws prohibit discrimination in employment based on an individual's race sex sexual orientation age religion color ancestry national origin disability marital status arrest and court record assignment of income for child support obligations and national guard is in keeping with this commitment because he maintains a strict policy prohibiting unlawful discrimination retaliation and harassment including sexual harassment i just want to jump down to where it says purpose and authority because this covers this applies to because it's not just employees it's a policy that prohibits the unlawful discrimination and harassment including sexual harassment of any officer employee individual under consideration for county employment or any member of the public by a county officer or employee and as officers or agents of the county are members of the boards and commissions are also covered by this policy the policy prohibits discrimination in any form including verbal written and physical harassment so if you can take a few minutes later just to review the policy and rooms and the signature policy itself is not complicated it's that officers and employees of the counties must not discriminate against or engage in harassment or retaliation of another employee member of the public or individual under consideration for county employees and that counts also for board members and what we mean by discrimination is employment decisions made solely on those protected classes that i mentioned and they're all the stood on the policy also and here's the full with it again a lot of different things forms of discrimination can be a lot of different things in terms of unequal terms and conditions of disparate treatment harassment and also retaliation for reporting harassment whenever we interviewed my employees that's the first thing i'd say is compensation or in the terms additions or privileges of employment because of those protected classes it wasn't always the case if you look historically that when the sugar plantation days your wages were based on your race or some ads from the paper you know they could be fined they wanted a certain race or a certain gender for positions and those are permitted anywhere other examples would be men and women not being allowed  the same thing or persons with disabilities or other things not given training opportunities or making assumptions about certain employees and not providing them with things or providing other employees harassment is also a form of discrimination is prohibited and there's different types of harassment first one is verbal and that can be derogatory comments negative stereotypes unwelcome invitations personal notes jokes or slurs so forget everything's being recorded a physical harassment may be created by inappropriate touching crowding or impeding movement and then visual forms of harassment could be graphic materials or cartoons or drawings or posters calendars th him in terms of discrimination could be gender discrimination say allowing males to work overtime and not allowing women unwelcome behavior of a sexual  nature making decisions based on a person being pregnant or opportunities sex discrimination or sexual advances or requests for sexual or favors or other verbal or physical conduct of a sexual nature and that the advances are unwelcome submission to a rejection of such conduct is used as the basis for employment decisions important thing is that the conduct is unwelcome and severe a pervasive that it creates a hostile work environment in terms of employment if something is reported this would get investigated and determine was there a violation of the policy and corrective action and the standard is what is the victim perspective not the intent of the alleged harasser because sometimes people don't mean things or that just joking or you know but that's not what they're person is hearing so that's what we look at is what's the victim's respect in terms of pregnancy discrimination that's considered discrimination because only women can get pregnant you can't fire someone or not hire them or not give them certain benefits because they're pregnant they permitted to discriminated against that is legal i'm disability a lot of times things that look like disabilities may not be and things that may not appear to be can be it's illegal to discriminate against an employee or applicant who has a disability but can perform the essential functions of the job that's the key part what is the primary duty of what that person is doing and can they do it with or without a reasonable  accommodation it's a mental or physical condition and it was substantially limit a major life activity it can't be temporary like a broken leg it's got to be a permanent condition the person must be able to perform the functions of the job with their without  sometimes accommodations are very simple like long sleeve shirts for someone who has to work in the  sun this is important do not as i don't know assumptions here do not assume that a person with a disability cannot do a job or needs an accommodation and do not assume that a person who looks perfectly hope is not usually the employee will come to the employer and then we work with them and other protected classes religion so we don't treat those with unequal terms or conditions no harassment must provide reasonable accommodation or is when the of everything that seems unfair is illegal what we look at is is that person who is making the complaint a member of a protected class did that person suffer from an adverse act did the adverse act happen because of that person's protected class are there any legally valid defenses to what happened if the answer is yes to the first three and then no to number four then discrimination is probably illegal but like i said we would do an investigation to make that if you as a member of the planning commission feel you have been discriminated against please report it as soon as possible to the board chair or to will spencer from the show or to our you can go to personnel services o the key is one hundred eighty days don't wait times especially when you do investigations you wait too long and then the people we talk to i don't remember not sure so please timeliness is really important with reporting any thing that you feel has been the u s equal employment opportunity commission and the why civil rights commission enforce the laws and regulations which have discrimination and complaints may be filed with these agencies but we do recommend people just work start internally but to work with the department and if it's not resolved there they can go to personnel services and try to resolve it on a countrywide level and then if they're not if it's not resolved there then go to the e e o c and actually in the same office and they will turn around and come and ask us well show me your investigation show me what you investigation it's important that no one retaliates against complainants they shouldn't employees should not feel fear that you know if they bring up a complaint it's so it's illegal to subject an employee to adverse treatment because they made the complaint about what they reasonably and in good faith believe to be a discriminatory discriminatory practice and as other reminder to you folks as commission members the county and any of us employees members of the commissions must not discriminate against persons who use county services and facilities so that's the presentation basically treating others with dignity and respect how would you like to be treated how would you like your spouse to be treated your children your parents if you witnessed something please report it immediately and we can  take corrective action sometimes it's just talking to people saying hey you know that's kind of crossing the line or that's not what we meant or like that we always want to make sure what we stay in line is putting policies and you'll get this reminder for your just like  doing the answers to question to raise or to limit testimony to items on the agenda that's true board members can talk outside a meeting about any issue on the board's agenda so long as they don't make or seek a commitment to vote and don't include other board members and this is tru nor ever will be secure when the transactions of their rulers may be concealed from the whole intention was that the cong as wanted to know what the with the king was doing to america and they didn't know because decisions were made in private far away so the purpose of the sunshine laws to open up decisionmaking to the public so they can participate and there have been extensive studies to show that when you do this it actually increases public trust in government and the sunshine laws one of several laws slides it's something that you just have to learn it used to be you know government is deliberative and so that it's not efficient takes time to make decisions and the sunshine law is a little bit of a balance between open meetings and efficiency so sometimes there's deliberative aspects to it and there's been some recent changes that make it more efficient but the spirit is to open up government processes to public scrutiny have you conduct your business as publicly and open as possible the preference is always for open meetings and unless there's a specific exception you cannot close your meeting to why does it matter there's a couple of reasons there's a fairly recent hawaii supreme court case called comma hell a versus mommy county council that talks about two particular issues that were before the county council and then also why it matters is because there's two ways that decisions that you made can be avoided  is that you make and put a lot of time and effort can be avoided if someone brings the sunshine law action in circuit court and the court finds there was a violation and then they or the decision that was made and you have to go back to square one helike case was about two issues one was about notice where they kept on having continued meetings it was actually over twelve different meetings that they had the same notice was used the same agenda resumes for several times a the end of each meeting they said we will recess too and then they would name a date and time but there would be no new agenda posted so the public didn't actually know when the next meeting would be unless they were out and of the prior meeting so the court felt that you know this doesn't comport with the spirit of the sunshine law but actually it's not a letter of the law violation so the court couldn't find that it was a violation of the second part of qana how i was about how the council passed around memos outside of meetings discussing topics they wanted to have other members consider saying at the very close of the memo we request your favorable consideration the court construed that pleasantry are nice a tree as an invitation to request a vote so they construe the memos being passed around as a violation of censure so there are two ways that your decisions can be avoided if there's a problem with the meeting not being open to the public or if there's a notice which is a problem with the agenda open meeting types of problems for example all interested people shall have an opportunity to submit data views arguments in writing on any testimony on any agenda item that's even if someone says you know i came late i missed the bus from la and you know you've already closed public testimony but can i say something you have to give that person the ability to come and testify even if public testimony was earlier  similarly if someone says hey i just want to talk about what's going on the community but i don't want to give you my name because i mean well this part is public but they don't want to give their name they're not required to give their name in order to testify someone can just come and say i want to come and present test however you can set reasonable time limits for testimony that what we generally has three minute limits for most boards and commissions i know the city and county final loop as a one minute and then because they have so many people sometimes come to test other potential problems are when you close a meeting to for an executive session or we talk about board business outside of ascension well let's define what is a meeting i mean is when you board convenes and you have a quorum to in order to make a decision or to deliberate or it's a decision on a matter over which the board has supervision for example here five members would constitute your form and then to the county charter all actions have to be taken by a formal commission that's board business it's essentially anything over which you have supervisory control jurisdiction or advisory power that are before you now or which you can reasonably anticipate will come before when not to discuss it more than two members cannot gather to discuss it you cannot have what's called zero communications or eight talks to be the talks to see c talks to d and you go on around the whole commission that way there's a specific case on that matter of the right to know in which they talked about that kind of serial communication happened with the sitting county and it was found that was a violation of sunshine using email phone fax the same as being in person and even social media there's a question about if you have your friends on facebook but there are other board members there's a suggestion that there's although there's no court case on it that you are communicating with other members of the board by writing something down in social media that you know will go to other members so it's not recommend that you can food other board members as your friends on facebook you can certainly discuss board business with non board members in fact that's really part of the reason why you're on the board as you bring areas of expertise into the board so that you want to be able to bring that information in experience and then meetings can be held by telephone or video conference there are some new changes in the law and order commission members through ten by telephone we think a video conferencing is better because you get to see the expression on someone and after all are nonverbal communication is so important in terms of understanding what people say if someone is there is temporarily disable like we have someone on the mall ok e planning or advise it vies read me who's going to have surgery and they want to be able to attend me so they can do that by telephone or video conference you would notice it on the agenda but you don't have to have the public noticed where that location is so that that person if they're in the hospital or recovering at home the public doesn't come there to come testify but if you are attending from a location say we just had someone in penn state who wanted to attend a board meeting but was out of town they put that in that location on the notice on the agenda for the ordinary and then they have the specific location so that if any members of the public want to go into that place and testify that they are able to do so there's also an exception to open meetings called a permitted interaction group or paid you can have two or more people but less than a quorum to investigate certain matters but the drawback to having this kind of flexibility is that it takes three meetings in order to get to a decision the first meeting is to designate the scope of the investigation and the authority of the members involved i recommend listing the members at the same time when they come back to present their findings and recommendations at that time they can only give you the information there's no discussion or deliberation and then at the third notice meeting is when you can deliberate and make other permitted interactions is two or more board members can discuss among themselves the selection of the board officers but these interactions are only meant for short term d c there's no standing committees that exist outside  a permitted interaction is if there is a cast of me for example four people show up but you don't have a fifth person and so you can't actually being because you have a war and the people who have come to testify or present information can still do that the board will receive the information and that is not a violation of sunshine law it used to be however there are four additional things that need to be done at the next meeting is when you can deliberate on the information you have to create a record of the meeting even though there was no meeting actually to convene and the testimony and presentation has to be made it can be done in a summary fashion to those people who are absent at the  and then the members who were present at the council meeting report on the testimony and the information that you see so it's flexibility but then there's other rules and criteria that you have  other committed and interactions and this is also a fairly recent change that you can attend conferences together but again it has to be less than a form would be an informational session or a meeting on matters about or business and you can participate in discussions but at the same time no commitment to a vote can be sought and then you must report back at the next meeting so it's kind of you have some more flexibility but at same time you have again more great relationship more a permitted interaction is an executive session when you close the meeting to the public normally that's if you wanted for example consult with the board's attorney on the matter but you have a question purpose has to be announced in open session and then you have to take a vote before going to an executive minutes are another requirement of meeting the minutes require at a minimum a true reflection of matters discussed which means it doesn't have to be a verbatim minutes you have to have the date time and place of the meeting was present or absent the substance of all matters proposed discussed decided in a record of the votes and any other information request to be noted by portman for example of a board member has a certain study on say traffic patterns off the  and you want to have it introduced into the to the board minutes you can do that it's recommended that you do that at the meeting where it's discussed rather than saying i want this included at a later me come back and say i'd like to amend the minutes and with this information into the record because you want your minutes to reflect really what just happened at the meeting not something different in congress you can go in and you can change the record of our meetings by doing things like that but that's front of sunshine and then a public record of the meeting has to be available within thirty days even if it's a draft and it hasn't yet been improved by the commission it still needs to be made available to the public if they ask for  second problem area where their decisions before that meeting agendas if there's a problem with the agenda of the meeting may have to be cancelled if it's completely faulty then yes the meeting must be canceled if you want to add something to the agenda unless there's a two thirds vote of all members which in this case would be six numbers and the item is not a reasonably major importance and will not affect a significant number of people that's kind of a standard that would make me scratch my head but the example that i know of that i've seen come up before is there was a meeting on the big island in which they wanted to add on to the agenda a discussion about the development which is on the corner a sign and discussion was about a bypass road that would be built by the development company but that was something that was found not that the it was something they could not add to the agenda because a bypass as you can imagine on the kona side would affect reasonably significant number of people and so they were not allowed to add that to their agenda and additional items have to be sufficiently detailed it has to be a description of the public can understand and then in two thousand and fourteen there was a change that allows that amendments to rules can be generally described rather than written out in great specificity so you can say these rules change the general administration practices of finding commission sort of saying this changes the quorum number this changes the meeting time you don't have to every single one what is a sufficient sufficient standard for the minimum serve a notice that you have a date time and place on the agenda and then you list all of the items to be considered if you anticipate there's going to be an executive session you need to listen to on the what's the impact of essential law violation the final action or final decision can be avoided there can be an injunction to prevent the implementation of a decision an individual can be found guilty of a misdemeanor or removed from the board and these are the two changes the description of the ministry of rolls and that the county council can meet with community meetings but that doesn't  cell and words of wisdom on that shirt just we're going to get in a contested cases later there may be some wrinkles if if you're dealing with a test case but i think women can enter as interesting in the kind of helike case they fired at the wrong time period so they lost out in terms of voiding the final decision because it has to be within ninety days of decision so they filed it at the wrong time so they were able to get the permits that they want but even though they may not get that remedy they could still get a time attorney fees and costs so that can be very expensive for the family point through the fog so this is under the maui county charter it's article ten i have what i call the old school a new school this is all school ethics guidelines for the code of ethics is applied to all county employees elected and appointed officials including boarding commission the policy is that by your example the highest standards of ethical conduct must be demonstrated so that the public may have trust and confidence in the integrity of our board of ethics which is a board that i also implies is charged with hearing allegations and violations of the code of ethics and can also issue advisory o the not certain conduct is permitted and in any person can follow a complaint as well as any county officer or employee can request and pfizer so if there's something that you're not sure would be ok you can ask for an advisory opinion from the board of ethics for example if you have an outside financial interest in the company that may come or be affected by a decision that you made you can ask for an advisory from the board of ethics ahead of time and they will give you guidance on how you are to be sitting or accepting gifts the use of confidential information restrictions on outside business activities and financial interests representing others the use of county property and people financial interest disclosure requirements county contracts and post employment structures first area gi s i say this is the fine print but you're not to solicit except receive gifts whether it's directly or indirectly in the form of money services loan travel entertainment hospitality or promise of something under circumstances in which you can be reasonably infer that it was meant to influence your duty or it's meant as a reward for your official prohibitions are based on the circumstances surrounding there's an exception for what's called give civil law again this is kind of the fine print but in some ways come up with this kind of definition of the gift was given freely in the traditional spirit of the law there wasn't any solicitation on your part to receive the gift it's a nominal value and there's no other circumstances indicating an apparent intent by the donor to reward you for past services or to influence you to give special treatment future there's an example that we got recently in which county employee was asked to attend a microsoft training and as part of the training which was day long they were going to offer lunch  so at microsoft is they sent a letter to the county saying we want your chief legal ethics advisor to sign off that it's acceptable to accept the gift of lunch and they said the gift of the launch was going to be twenty five below us but in this case because the gift was given to everyone and it was part of the training that it was decided decided that this was not going to be  so you have to say no to the television to the car tennis racket and whatever else is there but you can exit the small box and looking at hospitality it can also be accepted if it's moderate and if it's offered generally to the entire group this is if you go for example to a planning conference and at the conferences a table with maybe you know a sheraton or a condom and they have coffee and pastries and it's might be something received during an executive session and which as a matter of practice is not generally  restrictions on outside activities in financial interest if you have an outside business activity or financial interests that would be reviewed perhaps somehow or affected by this board mission that in practice it's recommended that you seek an opinion from the board of a specific language in the charters that no officer or employee shown gauge in a business transaction or have a financial interest which is incompatible with the proper discharge the employee's official duties or which may intend to impair your independence of judgment in the performance of your official so if there is something which has a financial impact on you and in god we must disclose it before participating in discussion representing others to be counting those restrictions on representing private interests both here and after your service to the county you cannot represent or appear on behalf of private interests before any county agency provided that no officer and is denied the right to hear if there's some personal matter affecting them personally so if there's a county employee that has for example problem water meter upcountry say and the y need to ask for somebody at the county water department to help figure out the problem they can go ahead and do that that's not because that's private interest private interest that affects them personally it's not something h i'll have to say there's a demand in this aspect of this that you can make some you know phone calls but it's conducting your own business on county time that's a problem and then don't allow county personnel to do that if you're a supervisor financial disclosure statements i'm sure all of you folks have filled out financial disclosure statements as to you in this position so you're required to file financial disclosure statements with the board of ethics every year and with the county court some of tracks we had a former department of water supply employee who was offered a contract from the department of water supply even though he was now appointed to the board of water supply so they offered him a contract well in excess of five hundred dollars shoes or five thousand dollars to come back and do consulting work for the army yes for a board of ethics opinion and the board says nope this is definitely a conflict of interest because you will make decisions and you oversee the department that's providing you a contract for five thousand dollars the parliament did not thought for competitive bidding they just went to him directly it into a sole source determination it's not appropriate for due process however if after competitive bidding and a contract is awarded that's in excess of five hundred dollars and that would be most current contracts are awarded after all procurement procedure which requires public advertisement sealed tenders evaluation and then an award an officer or employee or a firm in which an officer or employee has a substantial interest may properly and then there's restrictions on representing other people back to the county it's especially for one year after the end of your service you're not to represent people or interests back to the county where you had specific information on ta there was another board of ethics decision where a man was representing a nonprofit boys and girls and it was found that that's a conflict of interest even though he didn't have a financial interest and he was on the board he was representing them or he wanted to represent them back straight to the agency working so that was  application that's a good question and they bring gifts to demonstrate or they meant just to as a demonstration or they actually things that they did to you that you actually both i think i mean we had didn't bring a different type of fruit so we actually there is a concern that this is a practice that people are developing and it might be something change the practice so that there's at least not perception that there's anyone trying to influence you you can ask for an opinion disclose their conflicts there's actually if you give me a minute i can probably find most boards and commissions have standardized rules that are kind of based on the on on the board of ethics but does it can vary it can be very fact specific again requesting an opinion from the board of ethics if there's any doubt would be a good idea certainly if you get a financial benefit direct or indirect from the from for example the permit would be a situation where you'd want to disclose that interest and also if i think generally it's a question of children or a deep and dependent children  or in certain cases if they're financially dependent on you that can be something to tide you to also i mean for example if you work for i don't work for a development firm and their project was coming before you were in approval you could not sit on the commission at the same time your firm was representing developer to get permits or if you had an ownership stake in the project or the land that was seeking the entitlement that would be a case where you would have to recuse yourself  now there's obviously wide range of possible situations just because you may be for example i don't know if eighteen t comes in for a for a cell phone tower and you have to be eighteen to subscriber i don't know if that is so that's probably not a close enough interest so you'd have to recuse yourself just because you have the eighteen g service unless you believe it's something that would affect your objectivity or you believe would be a situation where you were not comfortable voting because of that perceived conflict so there's a lot of different situations or it's hard to have a hard and fast rule for every single case and i think those are some examples of of issues that issues that may come up you know it's projects list doesn't necessarily mean that they're actually ever going to come they could just b s and make pensions it could be f e m a miners this is rector issues but you would see it on an upcoming agenda and if i would take a look at upcoming agendas and what people know you're also required to file financial disclosure forms with the with the county board of ethics and so that should disclose if there's going to be potential ongoing conflicts that something that would be in your financial disclosures that it should be readily available for the board of ethics and for people to look at if there's a particular conflict you believe are going to have it would be you should come to me or explain to me with the with the facts are that conflict you can take a look at and see if it's appropriate for you to vote on a given project or if it's a situation where you should recuse yourself from voting for that for that  afterwards just just to testify on an item or representing him now could be are they providing information to the board that was requested or  i think that's a that's a good question that's going to be i don't have an easy answer that because the balance between the first amendment and your rights as a county employee is something that's actually being reevaluated now in light of the w was and the police officer situation because there is a question about first amendment situation where not someone can post on facebook you know certain information or post on the internet so i don't have a quick answer army i think i don't know if this helps but the receipt the charter talks about sorry says no former non elected salaried employee or officer of the county show appear for compensation before any department or other agency of the county by which such employer officer was last employed within a period of one year after ter employment with the county you may be looking at the for compensation is an issue as well if they're if they're doing as part of their job it may be the issue in the in the code of ethics so you need to look at that more but i think that's that's definitely the target is if someone goes to work for a development firm for example it's got a year ban before they appear for compensation there's also a permanent ban i'm going to just interject you might even when it's not for compensation like this director of a nonprofit was found to not be able to come back and represent the nonprofit even though they were a volunteer member of the board of directors that was found to be no they can't come back and represent the nonprofit to the group where they were serving they had the one year ban yeah yeah and then there's also the you cannot receive compensation for any service rendered in behalf of the private interest after terminations of service to our employment with the county in relation to any case proceeding or application with respect to which the officer or employee was directly concerned or which was under his or her active consideration or the respect to which knowledge or information not generally available to the public was made available to him or her during the period of service to employment with the county  generally they they wouldn't want you to go if you heard a specific project and then went to work for a firm that dealt with that specific project they don't want you to come back and say well when i was on the commission you know we reviewed this project and now i'm working for that project and getting a salary for that project they have a concern with that for county employees in general and that does not have the one year time frame so i would be concerned about that too that applies to county employees and an officer so that's something to look at  say so hypothetically speaking so if our commission term ends so there is a one year not a one year say for example like go do consulting work for one of the developers had to come before the commission so there is not a one year what i've seen actually is people go and they work in a back office essentially and they provide information but they never are the or the person that comes to the county and then if if it was i think the key phrase too is in relation to any case proceeding or application with respect to the officer or employee was directly can concerned so i mean if you're working with a a developer but not on a project if they ever came before you when you were a commissioner on that's one thing but if it was the same project that you sat here as a commissioner and considered generally you would be going to work for them on that exact same project that would be the prohibition as i read it and what about the one year one year appearing before the boarding in commission that's for anything you don't appear before the commission for compensation for anything and it sounds like based on the nonprofit it's a good idea to not appear at all before the board for on behalf of the non profits interest although there's issues with public testimony in the first amendment in general so that's something that women would maybe be able to help with as far as looking at those those opinions and what happens there but if there is a there's a permanent ban if there is a a particular item under the act of consideration of of the employee when they're with the county for example of a plan or you know did a compliance report or something for that project it not be allowed to go and work for that developer and you know send a letter saying yeah we're in compliance with the compliance report that i just wrote or something like that that's kind of the idea that they're trying to prevent  know as long as it's not on a case proceeding or application with respect to which you were directly concerned while you were here ye surely ok pertaining to the two that also ok we've been on the commission more projects have come before us it's a good project and we personally have said this is a good project sounds good you know i'm voting for that isn't that similar to somebody testifying we're going to testify yeah i'm hesitating because these things can be so facts specific about how much you're involved and how much you know about a project or what but your brain to it it's very difficult to make clear rules are clear lines what's ok and what's not ok so and also because the advice of your lawyers should always remain private in my opinion unless you waive the attorney client privilege i would strongly recommend that you have a discussion with an attorney outside of  follow up on that so has sometimes done discussion this is even before we voted on something ok a commission will say i like your project it's a good project and this isn't a part of you know up for the vote you know this is prior to that and he's openly i think expressing a personal preference is not the same as coming back and representing the entity to the commission it's a very different sort of situation ok but what is the rule on which you know the commissioner they just said because it's not squarely dealt with under the sunshine law or the ethics laws it's more of a robert's rules and your ability to make decisions and your process of decision making and whether or not that's a good practice and i'm going to have to put it into that pos it into that or a pretty little like mike has a comb and i think we will probably cover some of that in contested cases but in general if you state that just part of voting after you've heard all the evidence that's generally not a problem but stating stating a you know opinion one way or the other before the evidence has been examined is what could be potential problem but if it's just part of voting after you've closed the presentation and close all the evidence then that's normally not a problem then that's that's which you're supposed to do actually as far as a conflict of interest well that's going to be a case where if you're conflicted out you really shouldn't be dealing with those sitting those opinions in a way that would influence the board anyway so that's something that should generally be avoided if there's if there's a conflict but as far as the actual votes that's what the main issue i think is concerned with as far as far as conflicts particularly financial conflicts and and as far as stating your opinion just of voting provided everybody is not no one's conflicted out i don't think that's a problem as long as all the evidence has been heard and you've closed the evidence evidence very portion of it at that point but we'll get into that a bit more with contested cases because those have again special requirements that are in addition to the sunshine law and ethics so you've got to pile on more requirements but that's that's what state law requires and the question of you and i think for a couple of the new members this will be new material for you and you may not get all this on the first go around it so you know this this is going to give an overview of a substantial amount of the u s supreme court and hawaii case law as far as a a major hawaii statute that has many other court cases involved in interpreting that statute so you're not really expected to learn everything you need to know about these but this is supposed to be a prime r so that if an issue comes up at a meeting you should be able to you know maybe just basically know the basics and if you've got legal questions at that time i or whoever's corporation counsel for that meeting should be able to assist with those questions but we're going to give you the basic points that we want you to to remember as you continue to do the business of the planning commission so to start we're going to talk about something called contested cases  specific parties are required by law to be determined after an opportunity for agency hearing required by law i mean that there is a hearing required by statute agency rule or constitutional due process that includes something in the county  code or something in the state law so if the commission is determining the legal rights of parties and is required to hold a hearing in front of it then it isn't gauged in a contested case and therefore it's proceedings are governed by a tourist ninety one are you also  board rules that you do have to abide by but this is the framework that the state law requires in your commission rules speaking of the rules they give another more specific definition of what a contested held that if a public hearing is a contested case all provisions of chapter one you want to apply a case involves someone applying for a permit before the liquor commission and they determine even though it was just the perm permit applicant and the commission it was still considered a contested case so the contest rules applied some other relevant case law is there as well so what does it mean if you're in a contested case where there are several requirements of the parties to the contested case this is not the general public but the parties to the contested case are required to have notice of when the contested case hearing will be generally that's at least two weeks in advance the parties are allowed to submit evidence to the commission of the parties are allowed such cross examination as may be required i believe the language is for the full and fair disclosure of the facts or something along those lines and people parties are required to be allowed to present rebuttal evidence and the party initiating the proceedings shall have the burden of proof including the burden of producing evidence as well as the burden of persuasion did you agree or quantum of proof shall be proponents of the evidence in layman's terms that means more likely than not basically the person has to show more likely than not that they met the criteria before you burdens of proof are considered in other cases for example beyond a reasonable doubt is the highest standard of proof that you could have in any eviden setting that's considered to be kind of above ninety percent probability as far as the birth preponderance of the evidence means basically fifty one percent so more likely than not in that case and the party initiating the proceeding it's generally going to be the applicant so the applicant it is their job to show you that they're entitled to the permit or whatever other requirement that they're seeking before you based on the criteria in the statute and they have to show by proponents of the evidence that the are entitled to that requirement the decision maker must consider all of the record or such portions there others may be cited by the parties and every decision in order adverse to a party must be in writing in accompanied by separate finding fact and conclusions of law service must be made on the parties and judicial review must be can be allowed if a if a party seeks judicial review of a commission decision in a contest case basically it can take the commission to in this will give the standard of what the judge is going to be looking at on review in the event that your decision is challenge but basically the court does have review authority over decisions you make and does have the authority to reverse your decision and send the proceeding back down to the commission to for you to either reconsider certain evidence or to conduct the hearing in a in a different way if procedurally there were errors made it in the contest case hearing some things to keep in mind when a judge if requested to do judicial review of a commission decision what the judge will be looking at it's important to know that in administrative agencies findings of fact a review w go for clear error well it's conclusions of law are freely reviewable that basically means if you make a fact finding then that's not something the judge is going to be able to set aside without seeing a very clear error that she made however if you get the wrong the law wrong if you're wrong on the law and the legal standard the judge can freely review that so what this means is that the commission went into making findings should be clear on what facts it's finding and what evidence it's basing its decision on and that's because the court's not going to reverse the facts that you that you find and the terminations that you make within your sphere of expertise so the worsening can do is to not have any of those findings made on the record basically the reasons for granting or denying the permit if you do have those reasons on the record well the judge is going to have to look pretty hard and find a pretty clear mistake before they can reverse your decision on the other hand if you don't make findings on a particular issue or you ignore an issue the judge could just very easily say you know what you didn't make any of these findings here i'm sending it back for you to do that and so to avoid that which is at very least a waste of time and which could also result in in damages suffered by the county it's a good idea to have a full hearing loud while you have the opportunity so that if something does get appealed you have a nice clean record where the judge is going to look at that and won't set it aside because it's not the judge's job to substitute his or her judgment for that of the commissions the judge doesn't stand in the commission shoes and think here's what i should have would have done no the judge looks at it and says could the commission do this under the standard for granting or denying this permit and  you know different commissions could look at the same evidence and weigh it differently and judges will recognize that it's not their job to weigh that evidence it's their job to look at was the standard applied correctly and that's essentially what i just said not going to be set aside and lester clearly erroneous and then that's another thing your decisions within your your area of expertise generally the judges again aren't going to substitute their own  they're not going to substitute their own judgment for your judgment you're the experts but you still need to make clear and clear factual findings and legal conclusions so that the judge has a record to review to to  see what happened at the lower court so there's some of the options for the judge they could affirm the decision and remain on the case with instructions for further proceedings or it could reverse the decision and if it if it has enough on the record to do that and then these are some of the standards that the judge can look at in order to reverse or remain in the case there's a variety of factors that the judge can consider  there's a few important tips for you to remember when you're dealing with a contested case you're exercising your adjudicatory function i think lyndon talked about this where you put on your judges which you're basically acting as a judge and a jury and so in this situation in situations where you're in a contested case you're treated very much like a jury and a judge would be treated in a court case you're required to remain impartial and not openly  remarks and to all the evidence has been received basically you do not form opinions and make conclusions until after you've heard all the evidence this means that if you get an application in the mail to review you need to remain open and listen to all the evidence which includes public testimony or the applicant's presentation before you make a conclusion so i would avoid making any remarks like that because if you make a remark that shows that you're bias one way or the other with out without all the evidence being presented a party may ask that you be recused from voting that you have some sort of bias or prejudice and that you jump to conclusions without reviewing all of the evidence your decision must be based on evidence on the record and evidence that all parties have access to including all the parties to the contested case and all of the other commissioners so this is why when we talk about doing an independent side investigation of a of a particular case that that may be risky and it's not recommended because if one member if you just happen to know the area that's one thing but if you intentionally do an investigation of an area for an upcoming project and the rest of the commission didn't have the ability to go on that site visit with you or evaluate the same conditions you some someone may try to make an argument that there was a incomplete record in that the different commission members were exposed to that the the preferred method of doing something like that is to have a site visit in connection with the project you have it's on an agenda notice and the parties go to that site to view the site all get that same evidence site visits are common and can be arranged in the department can arrange them council does them all the time and it's something that can be done if needed if need be by by the commission of the commission would like to do that and obviously avoid any statements that may be mistaken as an attack on someone's race sex gender or religion if if the person in the record has a case so that's the end of the sideshow for contested cases i'm going to move on to on to some case law review or any questions with respect to the first presentation again don't expect you to get  everything and just one thing i should mention too we don't have a presentation on robert's rules of order or anything like that i can quickly because this deals with contested cases and other issues i can i think briefly deal with this but  in order to make any decision this is particularly for the new members in order to make any decision the planning commission must have five affirmative votes to take any action approve a permit deny a permit condition a permit things like that that means five affirmative votes no matter how many people are here the standard is the vote the you must have a majority of the members to which the board is entitled so th board is entitled to nine members so five members is a majority of that so if you have nine members you need five votes to make a decision if you have five members you need five votes to make a decision  three votes it's five votes and that's stuff that's the rule there so if you only have five member show up for a meeting you need again in this vote in order to take action in addition i wanted to note in the rules a silence for refusal to vote unless you are conflicted out by a conflict of interest is considered an affirmative vote in favor of the motion so therefore if if you are silent on a vote and you're not  don't say anything that's considered an affirmative vote if you raise your hand when you're being asked to you know all opposed that's a vote against but there's no right to abstain unless you're conflicted out and you would you would have that determined before the proceeding would begin so there's generally no right to abstain so if you're silent on a vote that's an affirmative vote and so if you want to vote against something you would put your hand up when they say all opposed otherwise you're considered taking an affirmative vote  so i'm going to go i'm going to going to case law review this is again some general broad outlines of some relevant hawaii case law and would provide you with standards in some cases when you're deciding a permit and in particular when you're deciding on what conditions to place on a permit there is a takings clause and the united states constitution it basically states that no private property shall not be taken for public use without just  compensation so the government can take someone's property by eminent domain but they have to pay them for it so if the government wants to see someone's property they can do it but they have to exercise what's called eminent domain and they have to pay that person just compensation which the courts would have to determine so essentially this is one of the purposes of the of the takings clause and  how does this work with respect to conditions is how this is relevant particularly to the commission the u s supreme courts determine that although the outright taking of an uncompensated permanent public access easement would violate the taking set of standards for approval or denial of the permit well as as presented or as as the permit would be out right it doesn't need standards the permit can't be granted but if they would do certain things like increased beach access or something else like that it would then meet the standards then the permit can be conditioned on the meeting of that of those of providing that beach access or for doing other conditions to mitigate the impacts of the projects and in fact most of the permits that you look at have in their criteria the ability for the commission to place conditions on that permit to mitigate the impacts of the projects going to have for example if they  the projects going to have an adverse effect on on beach access potentially then the commission could look for ways to require beach access for the project if it's going to cut off beach access if if the p it could be denied because it hasn't has creates beach access problems so that's essentially what i said in in a nutshell you need to have though an essential there's a few requirements for imposing these conditions though i think there is a one to three list this is the test and we can go back and go to each element but you need to have first a legitimate state interest second in essential nexus between that interest and the condition that's and the condition that is imposed and three rough proportionality the the condition that requires the would you would call an exaction or requires  roughly proportional to the impact that the development is having so essential nexus would basically mean that you're targeting something in something that is the purpose of the statute for example the coastal zone management law it deals with special management area permits which you heard about earlier i'm not sure if you heard about that earlier but if it is one of the types of permits that you frequently see is a strong line protection and environmental protection  lists multiple goals objectives and policies of the law so if the commission is looking to condition a project to mitigate the impact of the project the first step is to see is this an impact that this the statute that we're looking at the arrest to a five day isn't an impact that that statute deals with and one of the ways to look at that is to read the goals and objectives and policies and see is the condition that we want to impose consistent with the goals objectives and policies are you furthering those goals objectives and policies of the of each of us to a five day the second part of the test is rough proportionality actually it's the third part so the first one is a legitimate state interest and that's the interest of coastal protection environmental protection and then the second part is the essential nexus which is the condition that you're imposing has a relationship and furthers the purposes in law and then the third is rough proportionality that some making sure that when you impose a condition it's got to be roughly proportional to the impact the projects having so if there was a change in zoning for example but it's only one house and maybe it's one house where one person lives and that person is going to have an impact on traffic to an extent but they're only going to be one person you could maybe make them do frontage improvements for their own house but could you make them construct in and dedicate an entire four lane highway to mitigate everybody else's traffic impacts no you generally could not do that because that would go beyond the roughly proport the proportional impact that that person's development is having so so that would be a general example there and that's the three part test and again to a five big example of legitimate state interests they're found there they give you a whole bunch it's a good guide if you're looking it conditioning in a project for n s m a permit is not a bad idea to have a tourist to a five way out there right in front of you with a list of goals objectives and policies so you can see look this deals with coastal flooding you know your projects in a flood zone and we are not only able to but are required to consider that in determining whether or not to grant or not the permit and therefore i'm requiring this type of mitigation because it's going to mitigate the flood impacts that your project may have something like that there's a there are a lot of state interest there under the s m a law there are even more if you're looking at a change in zone ing or a special use permit or certain other things more more areas that you can look at i will be there to give you legal advice on conditions and if i think there's a potential issue i may call for an executive session or at least have some clarification made on the record as to the background of the condition because even if you grant a permit if there's conditions imposed that are determined to be unlawful the commission could still have its decision reversed so that's a concern as well and this is this is a statement that goes toward you're required to consider mitigate of measures like those conditions before denying a permit so if someone comes in asks for a permit you're required to look at i mitigated in the projects still go on if there's conditions that we can impose here to mitigate those impacts so that's on the commission has to look at and again you can place conditions as long as they are consistent with the because there are a couple of supreme court cases as long as you're consistent with that three part test you can impose conditions on projects another issue is that you've got certain duties under both the white state the policy is an object to determine that the policies and objectives of to a five are not violated by that development the commission has for an affirmative duty to protect cultural resources and is obligated to protect the reasonable exercise of customarily and traditionally exercised rights of native hawaiians to the extent feasible so versed can be required prior to the granting of the permits to retain qualified archaeologists to determine significance of archaeological sites on lands to be developed and prepare a written report regarding preservation or salvage of historic resources in archaeological sites prior to the issuance of the estimate permit and if there is an indication that archaeological sites may be affected and you've got that evidence before you the law says that before granting the permit that mitigation should be done generally not something that should be delegated to the developer at a later date something that you would want to look at before granting the permit so you know which conditions to impose  basically commissions required to any specific findings and conclusions as to various items doing with cultural historical or natural resources if they may be present in a case and again you need to have that evidence before you that may be present in a case but once they are there are certain requirements that will kick in the only other law that i also wanted to mention to you is the religious land use and institutionalized persons act of two thousand  basically it prohibits the government for imposing or implementing a land use regulation and a manner that imposes a substantial burden on the religious exercise of a person including a religious assembly or institution unless the government demonstrates that the imposition of the burden on that person assembly or institution is in furtherance of a compelling government interest and is the least restrictive means or furthering that compelling interest again like the earlier proceedings this is going to be a factual case by case analysis that i will be present for we do not expect you to learn everything here but keep in mind that if someone is coming forward for a permit that deals with the exercise of their religion that they do have there is there are these considerations that  need to be taken into account when deciding on their permit so do we have any questions  ok i think that's it and again this is not something that's going to answer all your questions right off the presentation be available that's kind of why i'm here generally so to answer questions like that well as far as personal liability that's that's a bit different normally and there have been lawsuits involving i don't know about commissioners in their individual capacity but county employees in their individual capacity  only happens in those cases is the county council votes to consider to indemnify them to basically have a county as long as as long as you're acting within the scope of your employment or your duty as a commissioner then generally there's go a there's going to be a degree of immunity and b generally the county is going to be able to indemnify you as long as you're acting within the scope of your role as a commission member if you're sued personally i'm not sure if we've had many cases where  commission members are sued personally i know it's happened to employees before and in the cases that i generally know of the county council house voted to indemnify them and that's something that's on public record the only situation where there's the potential personal liability is if you would do something outside of the scope of your duty as a commissioner that deals with things like maybe discriminating against somebody that you know were you're seen as going beyond what the role of a commissioner would be and again i haven't encountered cases like that and in general that's the type of thing that we would if there's a review of a claim and it's term in that the action was not within the scope of your acting within the scope of your of your duty as a commissioner in that situation the person may be told you would need to get your own attorney to defend this case but in general if this if it deals with commission business you're going to be considered to be acting within your scope as a county officer and the department of corporation counsel if the county council votes to have you indemnified for that particular case would be defining you in that case and that's happened before get a firm commitment and as soon as we possibly can for the commission to review the matter and i guess also the deputy public works director had planned to attend this meeting but and we will get back to the deal to see when would be a firm date when she can attend the commission meeting i'm going to smack for some sort of resolution publications are right making sure that applicants give their you know proper notification and everything is sort of the air traffic control or the current division and all things and i don't i don't have a list of will discuss two degrees sea level rise and blood pressure and then we have one hearing item public hearing i don't and that's mr allen to hire local contractors to do the job in this case i notice it's austin texas and i was wondering why they didn't pick somebody local with a particular  director i can't say why they chose somebody else i mean that may just be i'm not sure there's just a contractor or what may just be the to this has to do with the latest news on the veterans cemetery and how they're completing their project apparently they're running into problems with the community association and i was wondering where does it sit right now based upon the fact that what we heard when they did their permit that they were going to cooperate with the today and so we can't get into a protracted discussion can asadi be placed on the next agenda as far as today so we can address on the agenda ok we're we're glad that was i was getting to that is to propose to put it on the next agenda coming up to have the representatives come in there and says yes if that's  just you know bring permits up and talk about if there's evidence of noncompliance with a permit then you know the commission can bring that up but i mean in general a commission isn't in the habit of of and if there is that evidence and that can be something discussed obviously with respect to the permit but you know in general the commission has an interest or at least brought up projects you know repeatedly to to discuss them but i mean if there's a compliance issue with the project and that's something that i mean to ask applicants to come forward without any i mean the last case you had a letter from from a group that had specifically question conditions in the permit and a commissioner wanted to have that on a future agenda dealing  with that issue and we could could do that or a commissioner can do that i guess on their own if they have that information but generally that's something that you look at for compliance with permit conditions because generally the commission the commission's jurisdictions going to be based on grants so if there's a permit issue then i don't think that's a problem to look at and i guess if there's a general discussion that you know there's nothing prohibiting that discussion but the commission may not have any authority over the actual issue itself or the authority to compel the project people to actually actually attend but exactly would seem to be on the agenda i'm not sure but i wanted to kind of have that general statement of what the commission has historically done with ongoing difficult time switching from camera the camera depending on who speaking big recognized by the chair before you speak some point to speaking into the microphone is important so that they can pick up the sound otherwise i've noticed sometimes on t v when the discussions going on and you're watching you just can't make out what the question is what the answer is and also for transcription because the word you say is written down  have they got a letter sent to them by either the department or the commission or is it just a phone call to them about this issue and a stack or sensed after i sent a letter and an email and phone call and phone