HomeMy WebLinkAboutPC Transcript DRAFT scanned HCDP 04.12.2018WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
APRIL 12, 2018
A special advertised hearing on the HAMAKUA COMMUNITY DEVELOPMENT PLAN
was called to order at 5:33 p.m. in the North Hawaii Education and Research Center (NHERC)
Conference Room, 45-539 Plumeria Street, Honoka`a, Hawaii with Chairman Joseph Clarkson
presiding.
COMMISSIONERS PRESENT: Joseph Clarkson, Donald Ikeda, Thomas Raffipiy, and John
Replogle.
ABSENT & EXCUSED: Gilbert Aguinaldo, Donn Dela Cruz.
ALSO PRESENT: Michael Yee (Planning Director), Malia Ho Hall (Deputy Corporation
Counsel for the Windward Planning Commission), April Surprenant (Planning Program
Manager), Bethany Morrison (Planner), Christian Kay (Planner), Eric Cook (Planner), and Sarah
Hata-Finley (Commission Secretary).
And 29 members from the public in attendance.
HAMAKUA COMMUNITY DEVELOPMENT PLAN
On December 19, 2016, the Hamakua Community Development Plan (CDP) Steering Committee
recommended approval of a revised version of the March 2016 draft Hamakua CDP. After
reviewing agency comments, the Planning Director has recommended revisions to the CDP.
Pursuant to Section 2-28.1 of the Hawaii County Code, within sixty days after receipt of the
Planning Director's recommendation on a draft community development plan or any amendment
thereof, the Windward Planning Commission shall transmit the draft community development
plan or any amendment with its recommendation through the Mayor to the County
Council. Likewise, pursuant to Section 15.1 of the General Plan, the County Council may
modify or amend the community development plan before enacting it by ordinance, but it shall
give the Steering Committee and the Windward Planning Commission an opportunity to review
and comment upon substantive amendments and modifications before final adoption of the plan.
The purpose of this meeting and public hearing is to afford all interested persons a reasonable
opportunity to comment on the Hamakua CDP and for the Commission to review the CDP and
consider its recommendation to the County Council.
CLARKSON: And, let's proceed with the first and only item on today's agenda, and I'm going
to read, I've been told to read the entirety of the agenda description, so bear with me for a couple
of minutes.
EXHIBIT A
The Hamakua Development Plan, Community Development Plan. On December 19, 2016, the
Hamakua Community Development Plan or CDP Steering Committee recommended approval of
a revised version of the March 2016 draft Hamakua CDP. After reviewing agency comments,
the Planning Director has recommended revisions to the CDP. Pursuant to Section 2-28.1 of the
Hawaii County Code, within 60 days after receipt of the Planning Director's recommendation
on the draft, on a draft community development plan, or any amendment thereof, the Windward
Planning Commission shall transmit the draft community development plan, or any amendment,
with its recommendation through the Mayor to the County Council. Likewise, pursuant to
Section 15.1 of the General Plan, the County Council may modify or amend the community
development plan before enacting it by ordinance, but it shall give the Steering Committee and
the Windward Planning Commission an opportunity to review and comment upon substantive
amendments and modifications before final adoption of the plan.
So, the purpose of this meeting and public hearing is to afford all interested persons a reasonable
opportunity to comment on the Hamakua CDP and for the Commission to review the CDP and
consider its recommendation to the County Council.
That's the item on the agenda this evening, and with that, I'll ask Bethany to do a however long
presentation on nine years' worth of work.
MORRISON: Good evening, Commissioners. Thank you so much for your time this evening,
and good evening community members as well. My name is Bethany Morrison. I'm a long-
range planner for the County of Hawai'i, and I'm helping—usually you would see Leana Gloor
here, but she wasn't able to make it this evening, so .I'm here in her place and trying to do a
decent job.
I want to thank the Steering Committee as Commissioner also thanked them for their time and
energy as volunteer members. We have Brad here this evening. We have Glenn here this
evening. I wasn't able to see if any other lid you see anybody else? Not yet, okay. Thank
you, too, for coining and for your time tonight.
This was a great opportunity for the Steering Committee, the community, consultants, and the
Planning Department to really come together on this process. I'm going to give you an overview
of the Hamakua Community Development Plan, but before I do, I just want to provide a little bit
of context for everybody.
Starting in 1971, our County adopted their first General Plan as the long-range planning
document for the County. It has been updated along the way until the recent one of 2005.
However, there was limited public engagement and little opportunity for the community to really
be involved. So, in the 2005 update to the General Plan, it was very intentional that a
community development plan process be included in that General Plan to provide for that more
meaningful process for the community to be engaged in how they wanted their community to
grow.
And, so we set off doing community planning work. The first four CDP's were adopted in 2008,
and then we started Hamakua and Ka`u in the next round of CDP's. The first question that you
EXHIBIT A
must ask is what is the community in community planning? And, in order to tackle that, we
really worked on understanding three important perspectives that needed to be balanced. Local
knowledge being the first one, and keeping the plan grounded in the community. Also
understanding the planner and developer knowledge to be sure that the plan would be
implementable and be practical. And, then using best practices of planning to be sure that it was
efficient and smooth. All the while staying anchored in an open process. It's more than just
meetings although we had lots of meetings. It's also focusing on an objective analysis and
understanding that everybody has a different perspective to bring to the table.
So, as I mentioned, we had a first round of community development plans, and we learned a lot
through them. And, so when we initiated Ka`u and Hamakua, we had lessons learned that we
wanted to be sure and implement, and one of them was understanding the process and also
understanding how to format the plan to be implementable.
The process that we set out to do was to be a credible process, to be highly participatory,
collaborative, strategic, and systematic. It also was important that there was thorough vetting by
the community, by the Steering Committee, and by agencies who would be helping us to
implement the plan. This all came from a consistent foundation based on the community's
objectives that were approved by the Steering Committee, fact -based analysis, and rational
engagement.
The Hamakua Community Development Plan planning area consists of Hamakua District, North
Hilo District, and a portion of the South Hilo District, and all of those lands in between. The
purpose of the CDP is to implement the broad goals of the General Plan into what the
community's specific needs are, to serve as a forum for community input on services, to direct
land use, to plan for natural resource protection, and to direct public improvements.
The Steering Committee, as I mentioned, are volunteer members who broadly represent the
planning area of Hamakua, and as a whole, speak from many different communities. We had
Waipi`o represented, Honoka`a, Pa`auilo, 'O`okala, North Hilo, Honomu, Pepe`ekeo, and
Papa`ikou were all represented by the Steering Committee members, and so they were able to
bring those different perspectives of the community together as one.
The Steering Committee is an advisory County committee advising the Planning Director to help
produce a high-quality community development plan for the people of Hamakua. Their role is to
work with the Planning Department and professional consultants to assist in tailoring the
planning process to the unique characteristics of our community and its stakeholders. The role is
also to promote the planning process within the various sectors of the community which they are
a part of and maximize participation.
Finally, the Steering Committee monitors the development of the community development plan
to ensure that the best interests of Hamakua as a whole are incorporated. Therefore, the primary
responsibility of the Steering Committee is to make sure the CDP truly reflects the will of the
Hamakua community.
EXHIBIT A
Before we set out, a CDP process and timeline was established. This was to ensure that there
were clear roles to make the best use of everyone's time and energy to be sure that the Steering
Committee was keyed in to specific decisions that they needed to make along the way. And, so
the first part of this was really to start off to identify the Hamakua community vision and values.
Based on an unprecedented and record setting community input—notice that there was at least
15 percent of the population participating and providing input on the initial phase of this. There
were six key issues and priorities identified by the community: the local economy, recreation,
education, health care, `aina, and public services. Built on those six themes, the community
vision and values was created by the Steering Committee, and the vision statement, "What is
good for the land is good for the people - `O ka mea kfipono `aina ka mea kupono kanaka."
Now, that's easier to see it that way. The next up in the process was really to learn about
Hamakua through various channels of communication with the stakeholders. There was some
workshops that were set out, and folks could participate and provide input about what Hamakua
really is to them. And, from this, community objectives were developed that were based on
those values and vision that had previously been identified. These community objectives, there
were 13 in all, and they served as the foundation for the community development plan. All of
the strategies were designed to implement one or more of those objectives.
The third step in the process was then to really start to draft the community development plan.
In order to do that, we first took the values and vision, which led to the community objectives,
and continued to build on those to refine strategies that would implement those community
objectives. We maintained objectivity in that we kept—that was our North Star of those
community objectives. So, anytime a strategy was considered, it was always tied back to does
this implement the community objectives?
There are four types of policies and strategies that you'll find in the draft community
development plan. Two of those are County policies and actions and then a third one is kokua
actions which are really those State and Federal agencies that also have a role to play in
implementation, and also community actions which are community -led initiatives.
When the CDP becomes adopted and implemented, it will become a County document, a County
policy document. It will guide Federal and State agencies, and it will guide community action.
There are four sections in the CDP that I want to introduce to you folks so that you understand
how they're working together.
First, in the top corner at number four is about protecting our natural resources, and that was the
foundation that was laid out by the community as well as being an important place to start,
understanding what lands needed to be protected and preserved and what were important to our
community. Second then, to provide, this would be number five, to provide the facilities and
services needed for our residents and businesses. Working on those two, you end up with the
sixth one which is economy, and those are working together to grow our economy. And, finally,
that third one, land use, is really about understanding and implementing all those through a land
use policy that we can achieve together.
EXHIBIT A
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Once the draft was developed, the Steering Committee had an important decision to make about
how this was going to be rolled out to the public and what type of engagement they wanted to
see happen. One way was that copies were made available in print copy or else digital copy to
the community members that they could review on their own and provide written feedback
through on-line or by email facts or regular mail.
Another way was speak -outs were designed through three different communities, and these
speak -outs were held in sort of a workshop forum where folks could come in and learn
specifically what the strategies did and how they interacted with one another, and they could
provide important feedback at those forums as well.
And, following those speak -outs, there were four focused discussion meetings held throughout
the planning area. They focused on coastal issues, agriculture, Waipi`o specifically, and also
making strong towns. And, so these focused discussions were really about getting into the meat
of the CDP and understanding what it provided in those four distinct topic areas.
And, finally all of that feedback was provided to the Steering Committee in a summary by topic
area of what was, what was gathered tluough that process. The Steering Committee then was
able to understand some revisions that might need to be made based on that community input and
come up with their recommendation.
During that time, the Steering Committee was very clear about what their role was, and really,
they wanted to understand what the community input was and so there was some facilitated
discussions so that they could dialogue about the community input and understand what their
options were for revisions that they might want to recommend to the CDP. And, if necessary,
they could also reach out to specific stakeholders and partners to understand further maybe what
that community input was.
And, finally, of course, the Steering Committee's role was to provide for outcomes in affirmation
of the revisions so they would all be in agreement in what needed to be revised and
recommendations for a preferred community development plan, which they put forth
December 19, 2016.
The next step in the planning process then was for the agency review to occur and the Planning
Director's recommendation. In March of 2017, the Planning Director initiated an agency review
by sending it out to many different County, State, Federal, and even some private organizations
requesting that they provide feedback.
That feedback came in many different forms. There was some non -substantive feedback where
there was some typos or maybe some language tweaks that needed to be made. Some of that
feedback was based on lack of understanding of really what the community development plan
could do, and so some agencies provided input that really wasn't appropriate at the community
development plan level.
And, then there were some substantive comments in support for policies in differences of
interpretation and even some new policies suggestions to meet the community objectives.
EXHIBIT A
After reviewing the comments, the CDP Planning team and the Planning Director saw that there
additional opportunities for strengthening the CDP and subsequently recommended revisions to
the CDP.
One of those revisions was that some of the policies said "shall" when they actually, the intent
was not that they be mandates, and so for Policy 8 and Policy 22, there was a recommended
change to "should" rather than "shall" to provide clarity that those were not mandated.
The Planning Director's recommendations also deleted three policies due to clarifications in the
State Code, and changes to the State Code that happened along the way of the draft CDP. Some
of those were that originally the CDP was prohibiting cesspools in the SMA, and cesspools were
later banned by the State Legislature, so that was no longer needed. Clustered rural subdivisions,
there was some clarification about the State law and what those required which required a
change to the CDP policy for clustered rural subdivisions. And, finally, allowing fanners
markets became a pennitted use by the State Legislature as well.
There was an additional policy that was added by the Planning Director's recommendations that
really understood that there was a gap in policy, and it recommended to develop a cliff setback
different than what would be a shoreline setback.
On February 26, 2018, the CDP Planning team met with the Steering Committee to provide the
Planning Director's recommendations and to review and discuss them and get their feedback.
There were many community members that also attended that meeting and also were able to
provide their feedback.
The Steering Committee heard testimony from members of the public there, and like I
mentioned, they had the opportunity to ask questions and provide feedback. Here are some of
the issues that they discussed. Specifically, Policy 1 talking about the symbolized mapping.
Policy 4 looking at what changes were allowed and the uses. Policy 8 and 22, as I had
previously mentioned, those were the changing of "shall" to "should" to be consistent with the
intent of the policies.
Policy 13 regarding the State Land Use Law. Policy 18 asking for a more specified
professionals. Policy 39 regarding the 40 percent slope standard. Policy 78 regarding water
availability. And, finally, Policy 108, in which the State and County were not doing enough to
preserve viewsheds. Now, these, their discussion is also provided as Exhibit 16 in your packets,
Commissioners, if you want to read specifically what the discussion was at this meeting.
The Planning Director's recommendation includes revisions which looked at the agency
recommendations, organizational improvements, and clarifications including legal language
recommended from our Corporation Counsel.
And, I just wanted to give you an overview of what is included in the Background and
Recommendation in your binders. First, you'll find the recommendation and Background Report
which talks about the CDP program, the plan elements, the planning process, and CDP
EXHIBIT A
implementation. This is all followed by several exhibits, the first one being the most important,
being the Hamakua CDP. The second exhibit is the rationale that goes with that CDP, so as
you're reviewing and you have questions about why a policy says a certain thing, you can turn to
that Exhibit 2 and read the rationale that was used to create that policy. So, it just provides that
clarification for you. Exhibit 3 is the revision comment summary, and so this goes over those
agency comments that came in and what those revisions, what those revisions specifically were
that came from those. And, the remaining exhibits are all of the comment that came in during
that time.
The next step in the process is adoption, and in order to get there, we have the Windward
Planning Commission review and recommendations tonight, also on May 3`d, and then County
Council review and decision-making. I am available if you folks have any questions.
CLARKSON: Any questions, Commissioners, for Bethany? I still, even after going through this
with the Ka`u CDP, am still a little bit confused about the relationship between a community
plan or even the General Plan and what is mandated, how the plans relate to the County Code,
the Zoning ordinances, whether this has the effect of law, or whether it's advisory to the Council
on legal matters.
MORRISON: I can speak in general terms without being specific, but there are some things.
The General Plan is our overarching plan for our island, and the Zoning Code is to be consistent
with our General Plan as are the other codes and rules. That's really the umbrella plan, and so it
can set forth mandates. It can set forth actions and do different things. The community
development plans are part of that General Plan, and they can provide for the community's
specific needs in that. And, so throughout the CDP, you will find policies that might have the
word "shall" in them, and there's two distinctions to be made through those.
One of those "shalls" limits decisions that can be made. So, it might say—I'm trying to think of
the specific, Policy 2, I think is very specific—and it says in this case the decision shall be this,
and it's very clear, and that would be a mandate if approved by the Council. And, then there are
others that require additional criteria to be made, and those also say "shall" but they refer to
information to be provided and not the decision to be made. And, I can find a policy for you that
relates to that. Give me just one second. So, those ones would require as an example a
viewplane analysis for a change of zone. That doesn't specify what the decision is on that
change of zone but does specify the criteria needed in order to make that decision.
So, those are the two kind of most unusual. The rest of the policies are really about guiding
future actions in the community planning area.
CLARKSON: Thank you. Any further questions?
RAFFIPIY: I have a question. During the process of drafting the CDP, were there any
proposed, any proposal that coming from the community or the Steering Committee that, you
know, that they feel that it needs to be, need to be there, but they just cannot put it in there
because of ordinance or because of existing laws that forbid them from putting it in? I mean,
some kind of proposal—
EXHIBIT A
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MORRISON: —I'm not—
RAFFIPIY: —that really makes a lot of sense to them, but they're restricted.
MORRISON: I'm not familiar with anything specifically. There are some policies in the CDP
that do reflect the community's objectives and set forth fixture changes to be made, and so one of
those policies could say, for example, the shoreline setback. It sets forth what the shoreline
setback should be revised to but it doesn't revise it automatically. It tells the administration we
need a change to be made. And, so I think that through that process, the community was able to
find their way of cormnunicating whatever objectives they wanted to make. It was just
understanding where the authority lies, and so if they didn't have the authority, they were
understanding that it could be asked of the administration or the County Council to make those
changes.
RAFFIPIY: Thank you.
MORRISON: Sure.
CLARKSON: I will point out that we have 13 people to testify, but the first person that will be
testifying is Brad Kurokawa who is the chair of the Steering Committee, and I'm sure he can
answer that question for you, whether there were things that, you know, they wanted to put in,
but somehow felt they couldn't. But, if there are no further questions, we'll begin with public
testimony. As I mentioned, there are 13 people so far signed up to testify. I'm going to be
calling up four at a time and swearing you in. So, Brad, would you come up, please? And,
Susan Forbes, David Longacre, and Akiko Masuda. Would you please raise your right hands?
Do you swear or affirm to tell the truth on this matter before the Planning Commission today?
TESTIFIERS: Yes/I do.
CLARKSON: I'm going to ask you also to please speak into the microphone at all times, to first
introduce yourself, your name and where you live, and then please proceed. And, I will ask Brad
to go first.
KUROKAWA: Okay, I'm Brad Kurokawa, and I am a Honomu resident, and 1 am the chair of
the Hamakua CDP Steering Committee, and I'd like to thank all of you Commissioners for
allowing us to testify in regards to the CDP, the draft CDP. And, I'd also like to thank my fellow
community members for sticking with us during this process. It's been a long haul, and we
appreciate people continuing to come out and support the process `cause I think it's been an
invaluable one.
So, you know, our community, our Hamakua community, has been on quite, as I mentioned,
quite a journey since we began the community talk story sessions and that was back in
September of 2009. And we're now, we see ourselves on the home stretch of the adoption
process, and we are very, very eager to complete the process so that our community values and
visions can be implemented.
EXHIBIT A
I, in going through this whole process, you know, I fully support the draft Hamakua CDP with
the Planning Director's recommended revisions. I think it was strengthened, and some things
were even tightened up. The draft Hamakua CDP and the process has benefitted from the
experience gleaned from all of the preceding regional CDP's from Kona, Puna, North and South
Kohala, and Ka`fi. So, we've, I've observed the process through the years. I also was with the
Planning Department when we started this, so I have a little bit of history, and to see the capacity
of our communities as well as the County Planning Department has been really wonderful to
observe and be part of. And, we have listened to the community's voice. That was our task, and
the input from the talk story sessions and the community surveys, as well as all the community
meetings that we did hold throughout the process, the community adopted the Hawaiian `olelo
no`eau, "what is good for the land is good for the people" as our guiding principle in identifying
our common values and creating our community's vision for its future.
The draft Hamakua CDP is the result of this effort, and I am proud and honored to have served
with my fellow Steering Committee members. They, to me, have been exemplary examples of
community members looking out for the community's greater good, and I think that was what
kept a lot of us corning back in the process and sticking it out.
I'd like to end with an excerpt from our values and vision statement. "Hamakua is a place where
change is thoughtful and deliberate. Our deep aloha for the `aina compels and ensures smart,
sustainable development, and the protection and perpetuation of Hamakua's uniqueness now and
into the future." So, I humbly request that you review our draft CDP with this in mind, and help
us to move forward in adopting it so that we may live and practice this aloha `aina for our
beloved home. Mahalo.
CLARKSON: Thank you. I'm going to ask the Commissioners to hold their questions until the
first group of testifiers have spoken, and so, Susan, would you proceed, please? Introduce
yourself.
FORBES: Okay.
CLARKSON: Thank you.
FORBES: Hi, I'm Susan Forbes. I live in Hakalau, and I'm here tonight speaking on behalf of
the Hakalau Point Preservation Association. And, I'm here to support the recommended
Hamakua CDP. In some ways, I can just say "ditto" to what has been said before, but I will
point out this is the 41s► meeting related to the Hamakua CDP, and the meetings have lasted 2 to
4 or 5 hours. So, we really are invested in this. The first time I heard about the Hamakua CDP
was at mochi pounding in Wailea in 2011, and Christian was there answering all sorts of
questions. There was no way that the community could not be involved with the creation of the
CDP. I have never really seen a process like this. There were many ways to learn things, many
ways to provide feedback, and we were listened to. That's a real gift.
There's been great consistency over time in the community feedback. Not that we always agree.
There were contentious issues, but over time, there is consistency. And, some of this goes back
EXHIBIT A
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to before the CDP because the Wailea-Hakalau community had started a planning process in
2008 and carne up with vision statements.
Speaking of the controversies, you know, the Steering Committee helped work through the
sticky issues by bringing in additional facts and studying the issues, and that fact bases really
helped the community move along. The recommended plan does take into account all of the
research that was done and accurately reflects the community input.
We've learned something from each other as, you know, residents along the Hamakua Coast, and
among those things that we've learned is we realized that we've got to work together. 1 talked to
my friends in Honoka`a about, gee, you know, we should work on signage, we should work
together to foster some of, some of the goals in the community development plan, and those
connections, I think, will be helpful for the entire district.
We realize that we have to work together and actively protect the culture, the lifestyle, the
environment, the historic sites, and our scenic views, and help support development that takes
into account these other needs. The plan not only reflects our community feedback, it's our tool
for moving forward. So, I thank you for listening to me and recommend that—move on it!
Thank you.
CLARKSON: Thank you. Mr. Longacre.
LONGACRE: Hello, my name is Dave Longacre. I'm also from Hakalau, and I'm a farmer and
a forester up there. I'll dive directly into some specific sections of the CDP that trouble me.
CDP Section 4.5 Preserve Scenic Areas and Viewsheds contains language that in my opinion
kind of throws agriculture a little bit under the bus, and it sets a stage for unintended
consequences and land disputes that pit farmers against the residential land users who move into
these ag lands.
Paragraph 4.5.4 calls for viewshed regulations which I feel opens the door for every view
demanding landowner to cause harm to the adjacent farmer or forester whose windbreaks or trees
block the view. The vagueness of the term "windsheds" in my humble opinion is going to be
glommed onto by every residential landowner who bought ag-zoned land in order to demand that
his viewshed take priority over the land uses of the farmer or the forester in front of him. I think
this requirement should be eliminated since it will be a classic example of unintended
consequences.
Next, Paragraph 4.5.6 is a Community Action item. This calls for having the community
"educate" residents on alternatives to tall vegetative windbreaks. This is inappropriate. Really?
People with view estates are going to tell me, a farmer, how I should protect my crops? Please.
Drop this paragraph.
Certainly, neighbors should discuss areas of conflict, but it's incumbent upon homeowners and
prospective buyers of ag land to do their due diligence. Their failure to do so shouldn't be
rewarded in the CDP. The CDP repeatedly stresses protection of agriculture, but the paragraphs
I cited directly conflict with other parts of the CDP that support ag. In fact, much of the
EXHIBIT A
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discussion about protecting agricultural lands contains repeated references to maintaining views,
but it doesn't seem to acknowledge that the practice of agriculture doesn't always accommodate
views. For example, I use tall windbreaks to protect my tropical fruit crops. I practice forestry.
I practice agroforestry. Interestingly, the CDP also addresses the protection of watershed
ecosystems, but, you know, watershed ecosystems also include trees and forests even in lowland
areas.
So, again, what we see here is this, this conflict between supporting agriculture but also having
this emphasis on views. And, I tell you this stuff as a farmer who's experienced some of these
conflicts first hand.
Most importantly, the CDP paragraphs I cited also inadvertently seem to ignore statutes, regs,
and rulings that support ag land uses. Examples being HawaVi's Right to Farm Statute, Hawaii
County Zoning Code, Section 25-5-72, which spells out as of right land uses for ag land. Also,
there's been a recent Hawaii Supreme Court ruling upholding tall, vegetative windbreaks.
There are Federal programs such as CREP that incentivize native tree plantings on ag land. And,
of course, we have our own DOFAW forest stewardship program.
The bottom line I want to tell you is that I don't believe the County should be putting its seal of
approval on the idea of restricting ag. And, finishing up, I just want to make you aware, if
you're not already, you know, agriculture in Hawaii is incredibly difficult and it's subject to
death by a thousand cuts. And, I feel that the elements of the plan that I cited for you tonight
ignore the law of unintended consequences that can flow from a couple of seemingly benign
statements. Thank you.
CLARKSON: Thank you. The next testifier is Akiko Masuda.
MASUDA: Thank you. I am Akiko Masuda, owner and hostess of Akiko's Buddhist Bed &
Breakfast in Wailea, as well as president of Wailea Village Historic Preservation Community, a
501(c)(3) non-profit. I have lived in Wailea since 1991, 27 years now and am at great peace for I
have found a place I love profoundly, the place where I will die and be buried. A supreme
blessing indeed. I am here today to support the recommended Hamakua Community
Development Plan submitted to you by the Planning Department, and with your blessing, I will
read from parts of the Hamakua CDP values and vision statement, which was adopted by the
Steering Committee on March 15►, 2011, along with some little personal inserts.
The visions and values statement begins like this: We, the residents of Hamakua recognize that
the foundation of our life, livelihood, and well-being comes from the `aina—the land, the seas,
the rivers and streams, the forests, and skies. As active stewards, we malama the 'aina as the
source of sustenance for ourselves and for future generations. This Kanaka Maoli wisdom
guides our actions with the principle that what is good for the land is good for us, the people.
We love this place, our pristine landscapes and agricultural lands from mauka to makai, native
forests to coastal waters, streams and watersheds, the sweeping views and open spaces are
protected and enhanced. Mind you, this is all in the vision statement. I'm just reading it.
EXHIBIT A
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We protect our culturally significant and sacred places and nurture our diverse cultural and
plantation heritage. And, if I can insert a little personal note, there's a little volunteer group of us
that gather every second Sunday, and we began in April 2015 to maintain, the lawnmower, to
weed whack, to cut all the grass at Hakalau School. That's been our project now. We began
April 2015. This is April 2018. We gather every fourth Sunday to maintain three formerly
abandoned cemeteries along the Hamakua Coast. We began that in January 2016, and every
year, our non-profit, Wailea Historic Preservation Community and community volunteers
participate in Wailea rmochi pounding. This year will be our 21" year we're doing it, and we are
getting older, and we're hoping to get more young people involved.
Our high quality of life is rooted in our strong sense of `ohana and community, building
community by working all together. Chairperson Clarkson and Members of the Windward
Planning Commission, we love, we love this place and are humbled and honored to live here.
This is our home, and the place where many of us will be buried. Please support the
recommended Hamakua Community Development Plan submitted to you by the Planning
Department. Big mahalo to you all for listening. Thank you.
CLARKSON: Thank you. Commissioners, any questions or need for discussion with any of
these testifiers?
RAFFIPIY: I think back to my question, my original question that I asked Bethany, yet will be
to the chair of the Steering Committee. If, and let me kind of say why I ask that question. A lot
of times, you know, I feel that the people that know the area the most are the people who live
there. So, but if their desires and their proposals are restricted with the existing rules, perhaps
rules or ordinance or statutes, perhaps is something that we may want to highlight and submit as
recommendations along with the CDP, make recommendations for change, and we can go
through our County Council, go to our legislators. I don't know, if there were any issues over,
you know, over the course of the process that you folks have the really burning desire to insert it
but you just couldn't insert it because of these existing laws and ordinances. I'm just wondering.
KUROKAWA: You know, in general, I guess I would have to say is that when we listened to all
the input that we got from the community, from the talk story sessions to the inputs, there's
some pretty consistency in—and so, it was relatively easy to establish the values and visions.
And, then, the challenge came in corning up with the, not necessarily the objectives, but then the
strategies. And, I have a background in, you know, planning and design, and so and, you know,
I grew up here. I have roots in Hamakua, but I also practiced on the mainland, and so, we have a
lot of folks that have moved from the mainland that come here. And, so, you know, in terms of
controversy, I think many of us, including people in the community would like to have seen a
little stronger language in some things like the "shall" or "shoulds."
And, you know, I have to applaud David for coming and, you know, voicing his specific views
in terms of views, and multiple times, and I've had many conversations with him because I know
what he's talking about. I know where he lives. But, I'm also a landscape architect, and I have
worked for companies that have specialized in viewshed analysis, and that's one of the things
that I have watched over the years of coming home, and now being home, the change. And, it's
the changes that are not really protected. It's like, you know, like just the sense of agricultural
EXHIBIT A
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character, rural character, views, it's only after they're impacted, like I have lots of great
examples. Waipi`o Valley Lookout. There was, it used to be pastures and then the lookout.
Now, you have humongous homes impacting that whole gateway to the thing. If you drive
through, on Hamakua and we have a subdivision there in across World Botanic[al] Garden.
That, in my mind, was a mistake because the impact of the experience of driving Hamakua and
then seeing this right on the side of the road just changes the feeling, the continuity of the
agriculture. And, so, we have stuff like at Ninole right on the cliffs.
And, then so, you know, these are some of the examples, and we've tried to address them in
ways to actually move the, move it forward, and I think the plan is not perfect, but in my mind, I
think it's very well crafted. The County Planning Department has stepped to the plate. They had
to take over from the consultant team, and they have listened and incorporated the changes, and
we have I think pretty clear ideas of what we need to do to improve it, addressing questions like
what David's bringing up because I have very specific things that I would like to see that would
address his concerns but also the broader community good in terms of views are important. You
know, driving up and seeing the coast rather than a bunch of Podocarpus hedges to the coastline
as well as having sweeping views up the gulches to Mauna Kea. Those are important. You
know, that's what the tourists come for. That's what people here, you know, enjoy, and, but
once it's gone, it's gone, you know, and it's very easy to have those things deteriorate and
degrade. And, then once you open that floodgate—and we don't want to be Oahu, we don't want
to be Kauai, we don't want to be Maui. Beautiful places, but Hamakua, Big Island, Ka`u
coastline, we are blessed.
So, anyway, those are some of the things that I, you know, observed during the process. We
have some contentious issues that were kind of publicized probably unneeded, but, you know,
like in the Hakalau Point, and that's why Susan and the community here is very active and, you
know, in terms of land use and hying to provide guidance for future land use changes and zoning
changes, and that was an issue that came up, but if we stay true to our, the input that we got from
the community to protect and enhance our cultural heritage, our ecological, sensitive areas, all of
those things. And, so, you know, somebody's got to draw the line, and we want to draw the line.
RAFFIPIY: Well, sir, I'd like to thank you and your Steering Committee and the community of
Hamakua for the work that you put into this. A few weeks ago when I got my book, I was
reading it and go through `em, and it's kind of—it's impressive. It's impressive, and it talks to
the many hours that you guys, that you spent on crafting and drafting this, you know, this
proposal that you have here. So, congratulations. Thank you very much for all that work that
you guys put in. So, thank you.
CLARKSON: Excuse me, thank you, the four of you, and I'd like to call up if there are no
further questions which I don't think they are. I'd like to call up the next four testifiers, please.
That would be Susan Melow, Francine Roby, Springer Kaye, and Glenn Carvalho. Please raise
your right hands. Do you swear or affirm to tell the truth on this matter before the Windward
Planning Commission?
TESTIFIERS: I do/yes.
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13
CLARKSON: Please, let's start on the, to my left. Please state your name, where you live, and
if you're representing a larger entity and proceed. Thank you.
CARVALHO: Mr. Chair and Members of the committee, I want to thank you for providing me
with an opportunity to speak before you on this CDP. I had the honor of serving on the Steering
Committee to represent and speak for the—
CLARKSON: —Sir, excuse me for interrupting. Could you just for the record state your name?
CARVALHO: Oh, I'm song, Glenn Carvalho. I'm born and raised in Hilo, and I lived in
Pepe`ekeo since 1974. I had the honor of serving on the Steering Committee to represent and
speak for the residents of the district. However, I am presenting this testimony as a resident of
the district.
In answer to your question, there have been two prior planning meetings held—one in 1994
when the both plantations along the coast closed, and one again in 2000, which was hosted by
the Hilo-Hamakua Community Development Corporation, a corporation that came out of the
closing of the two plantations. It is estimated that both of these planning meetings, a thousand
people attended. Some people stayed for the whole thing. Some people came and looked and
moved on.
This CDP that was presented to the Planning Department is similar. The results are similar to the
two, the results of the two prior planning developments. I believe the Planning Department has a
copy of what came out of the 2,000 plan. As we know, the Steering Committee first started in
2009, and after nine years of endless meetings, listening to testimony from the residents in the
district and going over pages and pages of documents and maps, the Committee came up with a
plan that reflects the wishes of the residents in this district.
However, I have two concerns relating to the current amended version of the plan. The first is
the changing of the word "shall" to "should," Policy 8 and 22. This is like changing a pit bull
with a bark and bite to back it up to a Chihuahua with a yap and turns and runs away. This
change does not reflect the residents of Hamakua wishes on what they want for our district.
I want to point out that Black's Law Dictionary, the Centennial Edition page 1375, provides in
relevant part that "should" has the invariable significance of excluding the idea of discretion and
has a significance of operating to impose a duty which may be enforced particularly if public
policy is in favor of this meaning. "Should" on the other hand does not express certainty, and I
want to also mention that "should" in the Black's Law Dictionary now defines "should" as the
past tense of "shall."
My second concern is the Steering Committee was not given an opportunity to vote on the
proposed changes made by the Planning Department.
No one can, no Committee member or Planning Department member can testify that the
Committee is in favor or against the proposed changes to the draft. The Planning Department
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went over the proposed changes with the Committee on February 26 of this year with an attitude
that there will be no further discussion.
I say this because the meeting, because this meeting, April 12'h, was scheduled before the
Committee had a chance to review the Planning Department's changes. This is an insult to the
Steering Committee who put in a lot of time away from doing other things. It is also an insult to
community residents who took the time to attend these meetings and take an active part in
developing the CDP. Thank you.
CLARKSON: Please state your name for the record.
KAYE: Good evening. I'm Springer Kaye. I'm the owner of Kaye Family Farms in Honomu.
`O ka mea kupono `aina ka mea kupono kanaka. What's good for the land is good for the
people. I could not be happier with this plan. The community vision, map, and policies reflect
and really support all the reasons that I live and raise my family and my farm in Hamakua. I
really compliment Bethany, Leana, and all the other planners for their very good work. And, I
was going to ask you, Commissioners, to adopt this plan as it is, except perhaps for Glenn's very
good suggestion about the "shall" versus "should." We were all a little surprised by that back in
February. But, thank you very much.
CLARKSON: Thank you.
ROBY: Aloha. I'm Francine Roby from Ahualoa. Thank you to the Steering Committee and to
the Commission for this process and the high community involvement that you created as part of
the process. I'm very honored to live here during this time and be part of this process as well. I
think this strengthens our democracy, which is pretty important right now. The inclusion of all
the stakeholders makes for the very best possible plan and, as well as the likelihood that when
you implement it, that it will be successful. So, thank you for acknowledging in particular the
important role of community-based groups outside of the County structures. You call them
community actions in the CDP, and these are some areas that I'd like to address. And, I speak
from my personal involvement in community-based groups in three areas.
The first one, which kind of seemed like a glaring omission to me, is our public libraries. As a
former officer of Friends of the Honoka`a Library, and this week is National Library Week, 1 did
a search of all the text of the CDP plan to see what does it say about our libraries, and I didn't
find any mention in there, except for the use to thank the meeting room space at Laupahoehoe
Library and to maybe acknowledge that that's where people could go read the CDP was in the
public libraries. So our roots here, you know, in Hawaii go back 1879, and our Honoka`a
Public Library just celebrated its 801h anniversary last year. So, these are critical resources here
in our community for access to public information, like reading the CDP, or Internet access. The
libraries aren't replaced by the Internet. They're places where people go. Many of the people in
the Honoka`a Library are there to get Internet access and to talk to real live people who can give
them information that enhances what they find on the Internet, plus meeting spaces, childhood
development, education, activities that support parents and families, and entertainment, and
increasingly as places of refuge for people that otherwise have nowhere to go in the community.
You find that the librarians play a lot of social service roles now that they never had to before.
EXHIBIT A
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So, when the County plan looks at things like roads and signs and public parking and utilities in
regional communications, please keep in mind that there is a resource that needs to be considered
in the communities related to these other things in the plan, and that is the public libraries, which
are very fragile right now, and they are subject to very reduced budgets in both the State and
Federal levels, so librarians are leaving the island to go find jobs elsewhere. So, please consider
these as valuable resources as part of the implementation plan for CDP.
The second area I want to talk about is CERT. I'm trained by the County of Hawai`i's Civil
Defense Division for Community Emergency Response Teams, and I'm glad to see that there are
policies in CDP, Policy 93 and Sections 5.9.3 and 4 call for "increasing the number of CERT
programs in the Hamakua Planning Area." So, the final report that came out this week from the
Federal Communications Commission, you know, about the missile test thing? That talked
about, it emphasized the point that we've got to have a locally -based community emergency
response. That's just critical, because, you know, if we are depending on some institutionalized
system or some State plan, we are not going to snake it. The, you know, phone systems have
dead zones or there's intermittent service even on a good day, so we've got to have local
communications. Now, I didn't see anything in the plan about ham radio operators, amateur
radio operators. That's a critical part right now of what Hawaii Civil Defense is talking about is
increasing not only the CERT teams but getting community emergency plans, `ohana emergency
plans, and ham radio operators increase. So, that should be something that needs to be added to
that. The only word "radio" I found anywhere in the plan was related to the Pohakuloa Training
Area radioactive waste. So, that's not good. We need emergency alert and communication
systems as a part of every plan. Civil Defense is rolling out this thing right now called Project
360, which nobody has any piece of paper on. That calls for doubling the number of CERT
teams and for increasing ham radio operators. So, we need to roll this in to what we are doing
right now. Also, there is references throughout your document to State Civil Defense. There is
nothing called State Civil Defense. It's called the Hawaii Emergency Management Association.
Civil Defense is only used by the county for their agency name. So, that's a term that's out of
date. It was like 50 years ago, you know, the Cold War stuff.
Last area I want to talk about is neighborhood watch. And that is, I'm also a member of the
Ahualoa Neighborhood Watch Team, and 1 found about one reference to neighborhood watch,
so, and that was I think to say that you could train neighborhood watch people to look for illegal
litter dumps and things like that. But, there is a whole lot more the neighborhood watch gets
involved in and are not just crime watch anymore. We connect with community associations,
and the Civil Defense people reached out to neighborhood watch to see if we could drum up
some people for CERT teams and for amateur radio operators. So, there is a lot more that we
could be doing. So when you get to the implementation issues in the CDP, please define these
community groups—neighborhood watch, you know, and also business associations as partners
to do the implementation, because they are the movers and shakers in all of our communities and
get a lot of things accomplished and they'd be happy to be included. Maybe they could also be
included in the definitions in the part of the plan that would highlight that they are part of it.
Lastly, just mahalo for your great work in this and for your involvement and your steadfastness
in keeping this going and keeping the community involved. I know that was a lot of work. So,
thank you.
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MELOW: Good evening. I'm Susan Melow. My family and I live on a small fann mauka of
Hakalau. I'm here to voice my support of the Hakalau [sic] Community Development Plan.
This evening I am reminded of a similar event I attended in 1977 while living on the Island of
Lanai. Dole Pineapple was introducing its plan to allow a hotel chain to build a resort complex
on the only accessible beach on the island. Despite the platitudes of Dole's executives, the
audience, many of whom were Native Hawaiians, could connect the dots. The increase in the
number of tourists would mean the need for tour busses and shuttles, not found on the island up
to that time, and imported hotel staff would generate the need for additional housing and services
thereby crippling an infrastructure design to support an island -wide population of less than 1,000
persons. The list goes on. Most importantly, though, a Hawaiian way of life would be gone.
Lanai locals were certain hotel guests paying a premium dollar for staying at such an exclusive
location, weren't going to share the small beach with farm workers and their families who had
four generations spent their evenings on the beach, talking story, paddling canoe, making music,
throwing balls for the kids and some pretty gnarly looking poi dogs. Over the objections of the
people of Lanai, we know these changes did eventually come. Change is inevitable. But, we
have an opportunity now to set a course for the future we want. The CDP codifies my vote to
keep country country. There are too few rural farming communities remaining in the islands,
and I believe the emphasis within the CDP to sustain the agricultural nature of the Hamakua
Coast to be the right course. The CDP embraces lessons learned from the past, and the current
thinking of community planners. Developments should take place within our current towns and
villages along with the need to improve parks and areas for recreation activities. Let's aim for a
future where the natural beauty, pristine environment and rural nature, the Hawaiian style of the
Hamakua region, can be enjoyed by future generations and visitors alike. Thinking back of what
happened on Lanai, and our gathering here tonight, I wish to know the difference. While
residents of Lanai had voices, they had no clout because, not the residents—because Dole, not
the residents, owned the land. My family owns our land, and our tax dollars support the County
government. I'm, therefore, looking to my County to expeditiously put into place the Hamakua
CDP. Much Mahalo.
CLARKSON: Thank you all. Any questions for these testifiers from any of the Commission? I,
I would like to ask Mr. Carvalho to—I was kind of surprised and shocked actually that you feel
that the Steering Committee was not, or maybe I'm paraphrasing this wrong, you feel that the
Steering Committee was not allowed to review the suggested changes from the Planning
Department and make any objection to them before it became presented to us as an action item.
CARVALHO: It was presented, it was sent out and then it was, went over it. There was some
discussion where I brought up the issue of "shall" and "should." But, we were not allowed to
vote. And, we also, I also requested for time to digest the proposed changes and what the
Planning Department, information the Planning Department had provided us, and that, and to
have another meeting probably, and that was, we were not given that time to, that was not
granted. And, then there was no vote to accept or reject the proposed changes by the Planning
Department. And, we were under the impression, the Committee was under the impression, I
should say, that we would have an opportunity to review the changes from the, when they went
over the procedure, they told us the Planning Department and Corp.' Counsel would look at it,
and send back a draft, but,we were under the impression that we would have a chance to digest
EXHIBIT A
17
the proposed changes after being told what they were about and then have a chance to vote on,
and I think we were denied the opportunity.
CLARKSON: Well, this, this brings up two questions that I'd like to just ask: Was the kind of
the method of operation of the Steering Committee one that included votes or was that more of a
consensus deliberation, and, two, was there, and I'll ask the Planning Director this, were there
statutory time limits and requirements that made it important to get this before the Planning
Commission as fast as it was without letting the Steering Committee digest it?
YEE: Sorry, I'm getting over a cold. I prefer that April Surprenant from staff come up and
provide testimony on specific questions.
SURPRENANT: Aloha, April Surprenant with the Planning Department. So, we did send it out
to the Steering Committee for their review, and then we had a meeting where we went over it in
detail, in this room actually, with them. The, there are a couple of ways to answer this question,
so I'll do it in a number of different ways. One is that the General Plan, the way the process is
outlined in the General Plan on how CDPs are adopted is if there are changes, that we present
them back to the Steering Committee and give them an opportunity to comment. So, at that
point the Steering Committee had already made their recommendation based on all of the hard
work that's been done over the, over the many, many years. And, the Department, of course, is
committed to honoring all of that work that has been put into that. And so, that was definitely
considered, but we also needed to consider additional comments that had come in from our
Corporation Counsel, from a recent legal case that had come through, which is the Missler case.
You may have heard about that. I might let Malia get into Missler if that becomes a question,
because I'm not an attorney, and then there was an opportunity to have additional meetings, but
that did not go to a motion and a vote at the last Steering Committee meeting. So, we could, we
made it clear that if we did go to an additional meeting for the Steering Committee, that it would
postpone this whole process and we would have to start over in terms of scheduling with the
Planning Commission. As you know, it's difficult to schedule these things not only for us as
staff, for our Steering Committee members, for our Commissioners, and then to get it going
forward on the Council, Council docket. So, those were all part of the considerations that we had
to go through. But, there was an opportunity, but there was not a motion for an additional
meeting at the last Steering Committee meeting, and so that was not, so it didn't go to a vote.
CARVALHO: Can I respond to that? I made, I made, I refused, I said it was ridiculous and
outrageous that we did not have an opportunity to vote on this. I stressed of having time to
digest and come back and to take a vote on it. The impression, general impression, and I can't
speak for the Committee but for myself, it was a take it or leave it. This is the way it's going to
be, and that's it. That's the end of the discussion. They didn't, they didn't, the Planning
Department's spokesperson did not ask if I'm making a motion to have another meeting, you
know, what I would like to see happen. I was under the impression that this was a take it or
leave it. And, again, this meeting was scheduled before we met as a Steering Committee to go
over the proposed changes by the Planning Department and Corp. Counsel. And, again, I can't
stress it enough, nine -plus years. I don't know, somebody mentioned how many meetings there
were over the period of time that we attended, the amount of miles driven, you know, how far it
is from Hilo to Honoka`a, and we don't get to, we don't get the final say if we want to accept it
EXHIBIT A
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or if we don't want to accept it. The impression, again, I'm stressing this over and over again, I
know, but it was a take it or leave it attitude by the Planning Department.
CLARKSON: Thank you. I'd like to, if there are no further questions on this from any of these
people, if you could please stay seated, Mr. Carvalho, and ask, are there any other, just you two
members?
SURPRENANT: One other in the back.
CLARKSON: Yeah, let's just get to the bottom of this, if we can. Could all the members that
are present of the Steering Committee come up and let's kind of, basically, the question I'd like
to ask you, do you feel that you were pressured to finish this thing up now? Do you feel that you
could use more time to digest and review the changes, or do you think that it's the general
consensus of the Steering Committee that we proceed to act on this right away?
GOMES: Thank you, Chair Clarkson.
CLARKSON: Oh, I'm sorry, would you please raise your right hand? Do you swear or affirm
to tell the truth on this matter before the Planning Commission?
GOMES: I do.
CLARKSON: Thank you. Please state your name and where you reside and proceed.
GOMES: Thank you. Farrah -Marie Gomes, current resident of Kamuela, however, born here
literally in this hospital and raised along the Hamakua Coast. If I could, I do address, I have
testimony provided, I'm probably Number 12 or 13 on the list, do you mind if I give my
testimony first and then we can come back because I do address some of these issues?
CLARKSON: Please do.
GOMES: All right, thank you. So, Farrah -Marie Gomes, a resident of Kamuela currently, born
and raised here in Hamakua, currently serving as the vice chancellor for student affairs at the
University of Hawaii at Hilo and served as the vice chair for the Hamakua Community
Development Plan Steering Committee. I actually also have the unique position of having been
involved with the Hamakua CDP from the vision and values phase where I worked with the
County Research and Development Department to be a liaison with the community and gathered
some of the feedback that went into developing the values and vision statement. So, coming a
little bit from that perspective, the input and feedback gathered in that phase is what actually
resulted in me submitting an application to serve on the Steering Committee. I do believe that
the feedback we received was representative of a cross-section of the community. If you think
about the geographic distribution along this regional area, it is much more diverse than one might
even imagine. To say it's rural is an understatement at best. So, at the time of the Steering
Committee beginning I was actually director of this facility, and I sought participation because I
felt I could adequately represent components of who I am and what I stand for as a result of
being raised in this community. I was born here literally. I am a product of the plantation life.
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My father, grandfather, great-grandfather, all worked on the Hamakua Sugar Plantation until it
actually closed the year that I graduated from high school ironically. I am female. I am Native
Hawaiian. In general terms, I am still considered as being on the younger end of the age
spectrum. I am a mom to a twelve-year old following in his father's footsteps to be a rancher,
leasing land here in Kukuihaele. I brought all of this with me to each CDP Steering Committee
meeting because when I committed to this process, I threw myself all in. Little did I know at that
time how long the process would take. So, I lost track of the meeting numbers after a certain
point, life got busy, but let me help to contextualize. Since starting as a member of the Steering
Committee, I lost my grandfather, and not only did I start a PhD program but I also completed it
before this process was over. I bring this up because it helps to personalize this process for me at
least. This plan captures the essence of why this plan is important. As we continue to lose
beloved members of our community, it is our obligation to preserve those elements of our
community that make this place that we call home so special. If we don't do it, who else will?
The purpose for sharing my recent educational journey is really to highlight the importance of
lifelong learning and continued education in the process. This is what I'm most passionate
about. Our collective future is dependent on our educated community and workforce. A CDP
that provides pathways and opportunities for ongoing education, which I firmly believe this plan
does, is what I support. This is about the future of our community.
So, for a moment I'll pert on my hat as the vice chair for the CDP Steering Committee. I firmly
believe we upheld a credible process that was collaborative in nature. Yes, it was contentious at
times, yet we benefitted from that because that's when we needed to dig just a bit deeper to re-
ground ourselves in the values and vision of this plan. It's important to also know the CDP
Steering Committee voted in approval of the CDP in December 2016; that's what we sent to the
Planning Director. So, I'm taking off my hat now as the CDP vice chair, and want to mention
what's happened since then. As shared, multiple agencies with expertise in different areas
provided feedback to the Planning Department and the Planning Director used that information
to inform his recommendations to the CDP that you now have in front of you tonight. I respect
the process as much as the individuals and their expertise in their respective areas. I must. I'm a
government employee. I was selected and continued to be employed for the credentials that I
bring to my role each and every day. This is the democracy upon which we have to remind
ourselves a government must be built upon. So, we must be careful about the extent to which we
question the expert advice from people who are hired into positions specifically because of those
credentials. So, while the CDP Steering Committee did not vote to approve the most recent
version of the draft, I personally am in support of this version as well. I personally am not
insulted by the feedback that this version of the plan, for the record I personally am not insulted
by the feedback included in this version that includes suggestions made by County experts. I am
in no position to question their position or their expertise. I also don't feel it was necessary to
come back to the CDP as that meeting was open to the community where testimony was
accepted and is on record with the Planning Department for future reference. I don't believe that
it was a take it or leave it proposition. We did have conversation among the Steering Committee
members that night. And, I did not ever expect it to come back to the CDP Steering Committee
after it was sent to the Planning Director nor do I expect it to come back after you see it tonight
or after the Council sees it at the next phase. We have spent enough time in this phase of the
process.
EXHIBIT A
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I humbly and respectfully ask you to support this version of the draft and help us move it to the
next part of the process. In closing, I appreciate your time and your consideration on this
important matter that is very near and dear to many of our hearts and will undoubtedly have
long-lasting impact on this community that we love. Mahalo.
CLARKSON: Thank you very much. Brad, could you please comment on the—
KUROKAWA: —Yeah, just, yeah just briefly, we had a quorum of five at the last meeting
when the revisions from the Planning Department carne back, and we did actually have lead time
to digest it. Not everybody reads the stuff before they come to the meetings, but we did have the
opportunity to, you know, assess that. I think Glenn perhaps maybe would have liked a little bit
more time? But, we did, I guess the other four members felt that the changes were either, were
actually clarifying and that actually strengthened some of the language and then also that they
were, the others we considered not substantive so that we were willing to move ahead rather
than—because the option to come back and have another meeting to vote on the proposed
revisions was open. Was on the table. And, so, it didn't, there was no motion and I know the—
you can go through the minutes, was presented.
And, I do want to say to Glenn that I have always appreciated Glenn's sometimes contrary in
nature because he would act, you know, he would bring stuff up and push it, and it was a
valuable and continues to be a valuable process. But, we did have, you know, are procedure and
protocol in terms of consensus and majority I think in terms of you know how the process was
set up so—.
CARVALHO: When the—when I was talking about voting, I remember that the Planning
Department said it was not on the agenda so there was no intent to vote. And, again, Brad, you
know, we've gotten, I'll say this for the CDP. There were lots of, to put it politely, discussions
on different positions. And, but we did come together to submit the final draft, and but he says
it, you know, we had time to digest it. Some people can read the, read what's on the computer
screen and print it out, but in order to digest something, I want, you want to hear somebody
explain to you what this means, what that doesn't mean, what are the ramifications if you do, if
you do this. And, that was not held until we had the meeting with the Planning Department, and
they went over the ramifications and the explanation of why this is this and that is that. They
tried to explain "shall" and "should" which till today I don't buy it, but so there was not enough
time to digest.
The other two members, my recollection is that they didn't say anything is one way or the other,
of wanting to vote or not wanting to vote. They were silent on that issue, and because I again,
because it was not on the agenda to vote, is one of the reasons we were provided that we couldn't
vote. So, I had to make a motion to vote `cause it's not on the agenda, and it wouldn't happen.
And, so, and I find that it was, again, I'm going to repeat myself `cause I feel very strongly about
this. We were told, we was implied, he said that we will get to review and take action to see if
we accept the changes or not, give our stamp of approval or disapproval as a committee.
Part of the discussion was—I come from, I come from the ILWU. That's where I got my
training on meeting stuff. I come from the ILWU, and I was put on this committee. The ILWU
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came and approached me to be on this committee. I talk about a one voice, the importance of a
one voice. The Committee has one voice, so people cannot speak for the Committee, and that's
the whole Committee votes on it. It doesn't have to be every Committee member approving, but
the majority rules, and then the president or vice-president of the Steering Committee could
come here and say the Committee recommends that you move this forward. And, the issue of a
one voice didn't even appear in the minutes of the, that came out of that meeting.
CLARKSON: Okay.
GOMES: So, if I could just clarify, I was the convener for the meetings even though I served as
vice -chair, and so I vividly remember the ending of that meeting where the presentation of the
Planning Director's recommendations was made, and while the vote was not on the agenda, and
you're familiar with Sunshine Law and all of those requirements, we were very clear that we did
have the option to continue the meeting to allow us to agendized the vote. We did not, among
the Steering Committee members that evening get a motion either to continue the meeting. So, I
do believe that for the sake of process, it's important to lay out that we knew we had that option.
CLARKSON: Thank you very much. I think we better continue now. I thank you all for your
testimony. Unless there are further questions, we'll get the next group of testifiers. Beth Smith,
Denning Powell, Jim Cain, Yuri Zhuraw, would you please come forward if you're—. Okay, we
apparently—Constance Fay? Thank you, all. Would you please your right hands? Do you
swear or affirm to tell the truth on this matter before the Planning Commission this evening?
TESTIFIERS: Yes.
CLARKSON: Would, Mr. Powell, would you start, please?
CAIN: Aloha, my name is Jim Cain.
CLARKSON: Oh, Cain.
CAIN: Yeah, I'm a taro farmer from Waipi`o Valley. For the last 30 years my family and I have
been blessed to call Waipi`o Valley our adopted home. We farm taro. We also process poi. I
want to I guess in the interest of keeping this short echo, you know, these beautiful sentiments
that were already given about this process. You know, and how inclusive it was. Just an
amazing process, and I shout out to my friends and neighbors who sat on this Steering
Committee and their dedication and their stamina. Nine years! You know, that's common law.
You guys are officially married. But, seriously, you know, to see this process through, Hamakua
is a jewel, and you know, al of us who are lucky to call Hamakua home, you know, again, it was
expressed very eloquently already.
But from those of us who call Waipi`o home, we think it's even more special and that's—so I'm
not going to comment on other people's hometowns. It's not my place, but for Waipi`o, like
Samuel Clemens says, talk about what you know and, you know, there was such an effort to
really honor Waipi`o in this process and to honor the families of Waipi`o to have a voice. You
know, we've been very active for long time, you know, critical times for Waipi`o and planning
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efforts and community efforts that go back really couple decades, and that has borne fruit, you
know, and awesome projects. And, so to see this included was very, you know, these efforts
included in this CDP that really kind of validates and gives us the feeling that yeah, we can really
move and continue to move on these projects. It was a really good feeling, so, you know, I really
want to again shout out to that and give, you know, let you folks know that this process was a
very good process. It included so much input and maybe you're not going to have all in
agreement. Maybe it boils down to one or two words, but to stop this process now, no, not, we
have to move it forward, and it's—`cause I was at that last meeting, and, you know, it's now
time to hand it off to the next step. It really is.
So, again, ►nahalo for your folks' time and for everybody who shows up and participates in this.
You know, you're original question, Chair was, you know, what is this document? What does it
do? It's a big, thick document. Is it just a doorstopper? You know, is it put on the shelf? But,
no, speaking from Waipi`o a lot of the—we had our own section in this for Waipi`o, and some of
this stuff is out of the box a little bit. Wahi Pana, new category. Wow! It kind of, kind of enters
again, we've been talking about this for a long time. But, it's also projects that we've been
working on for a long time, so we really look forward to this becoming part of the, you know,
codified as part of the General Plan. To move forward. To give us the backing as a community
to continue our efforts to take care of our precious home. Mahalo.
SMITH: Hello, my name is Beth Smith, and I live in Santa Monica, California. And, the reason
why I'm here is because I've been visiting the Hamakua Coast a couple times every year for the
last 15 years. I've loved the unobstructed views of the coastline. It's one of the last places in
Hawaii that has very little development. I feel that the virgin coast is a huge tourist attraction.
When I see that coast, I just mellow out. I'm no longer in the big city. I do believe it is a tourist
attraction as well. It's very calming and peaceful. There's no buildings to ruin their view.
I'm here to tell you that development has ruined Santa Monica. The Santa Monica city council
has sold out to big development. It used to be a sleepy little beach town, and now it's high-rises
with unbearable traffic. We were all against the first high-rise, and there was a lot of grumbling
when it happened. Then, the second one went up. Now, we aren't even notified with new plans.
It just happens.
I am here to say you guys are amazing that you're really listening to the community. It actually
makes me a little jealous because we don't, we didn't have that in Santa Monica, and it's so
important to hear the community input and actually listen to it and do something about it. And,
I just want to say you're really lucky to have the Hamakua Coast. It's a jewel, and it should be
protected. Please leave it alone.
One other thing that's completely off topic. There's a dog out there. That's why—I'm a dog
person. Does anyone have a dog out there? Is it anyone's dog or is it a stray dog?
AUDIENCE MEMBER: [Inaudible]
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SMITH: I don't know. He's really skinny, she's skinny. Thank you, all so much for your time.
HALUCLARKSON: It's on. [Referring to mic.]
SURPRENANT: It's on.
FAY: It's on? Is it still on? I didn't turn it off? Okay. I'm Connie Fay, Constance Fay. I'm
actually the president of the Ahualoa Community Association, and I had to laugh when Francine
was talking. I'm also president of the Friends of the Honoka`a Library, and I had just come from
a meeting where, you know, we try to give the library money so that they can buy DVD's and
things that circulate. There's a lot that I know about this process. I was part of the first CDP
group before this CDP group was developed way back in the distance past where we were
talking about points of green and with the plan B shelved and not only was the plan we were
working on shelved, it was supplanted by another process. And, a lot of us shrugged our
shoulders and said, well, maybe this is out of our hands. And, I have touched in periodically,
gone to meetings. I do have a feeling that some of it is out of our hands, and the thing I want to
talk about tonight is something that's very personal.
In 1974, a group of us came, and from the mainland, and bought a little piece of scrap land up in
Ahualoa, useless land. Two intermittent gulches, it had been fenced to keep the cattle out so they
wouldn't drown in the gulches. When the gulches run, they run really strong. This one gulch of
ours is 50 feet deep at one point, and when we have 17 inches of rain like we just had, you would
lose your cattle in there if they were happen to be in that gulch. They would drown. They would
be swept down several waterfalls going on the way to the ocean.
So, that land was never fully cleared, and it has climax `ohi`a forests. Very few of you have ever
seen messic climax `ohi`a forest, and now I wouldn't invite you because I wouldn't want you to
bring accidently Rapid Ohi`a Death. These trees are this big around and 90 feet tall. You cannot
see them, though, because there's waivi. Then in 1850, somebody planted some eucalyptus, and
then in 1910, some people, the Soares sisters, planted more eucalyptus. So, even though it's an
incredibly special place, it doesn't fall under any of the categories that you would think would be
protected as native forests.
In 2002, I walked into a grant from the Fish & Wildlife, literally walked into it, and since then
have been removing invasives and planting native plants, including rare plants. I have a permit
from the Fish & Wildlife, from DOFAW.
Recently, tax policy has changed. That tax—I had up to last year been thought of as agriculture,
and when I would say what I was doing, they would say it's okay you're doing agriculture. But,
I'm not considered agriculture anymore. There's no specific code that covers the thing I've been
doing for the last 16 years. I could do a dedicated native forest category, but you sign a contract
for 20 years. Now, I'm 75 years old. I don't know what I'm going to be doing at 95, but maybe
1 won't be doing reforestation. And, that contract stipulates roll back taxes. So, I talked to my
daughter, and she was like you can't sign this contract. She's a lawyer. She's like you can't do
that. So, now, I am paying residential tax rate for basically an agricultural project that I've been
doing for the last 16 years. I'm, and you wouldn't want to cut down all the eucalyptus to, you
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know, for lumber. First of all, it's robusta. Very few people know how to process robusta for
use, and it would destroy the native trees that are there. So, I recently introduced some language
to the County Tax Code, Code 9, to say that we should have as one of the agricultural categories,
preservation of Native Hawaiian forests. And, you know, this is not a pure forest. It's a mixed
forest. I'm hoping, I know it sounds like a personal thing, but I know other people. I'm a forest
steward. I know other forest stewards. We've worked with J. B. Friday. I'm walking with
DOFAW. I know a lot of people who would benefit from this. I just want you as a Planning
Commission to know that not only are there special places like Waipi`o, there's special little
slivers of land here and there that are anomalous and that I would hope that you as individuals
but also as a body would be able to open your minds to the possibility that there's some things
you don't know about, and I'm talking about this because it's something not very people know
about, and I want you to know about it.
CLARKSON: Thank you. We're going to have one more person testify.
FAY: Also bats live in my forest, the Kamehameha butterfly lives in my forest.
HALL: Sorry, maa'm, if you're going to continue to talk, use the mic.
FAY: The bat lives in my forest. The Kamehameha butterfly lives in my forest. There's a lot of
rare creatures there.
CLARKSON: Thank you. Could Jennifer Weinert come up, please, and please stay seated for
any future questions from the Commission. Please raise your right hand. Do you swear or
affirm to tell the truth on this matter before the Planning Commission?
WEINERT: I do.
CLARKSON: Thank you. Please state your name into the microphone and proceed.
WEINERT: Aloha. My name is Jennifer Weinert, and I'm here to talk about my feeling of
upholding the Hamakua Community Development Plan as written, and the reason 1 say that is
because it reflects the views of our community over the last nine years of gathering all the
information. And, that by upholding it, you will preserve the harmony in our community, and if
you don't recognize all the work and all the comments from all of our community, that you'll
cause dissension. There will be a wedge, and that's not what we want. We want to have
harmony within our community, and so I ask that you please vote the will of the people. Thank
you.
CLARKSON: Thank you, all. Are there any questions for these testifiers from the
Commission? If not, thank you. There being no more persons wishing to testify at this point,
I'll, the Chair would like to hear a motion that public testimony be closed.
REPLOGLE: I will make a motion that public testimony on the Hamakua CDP be closed.
RAFFIPIY: I second.
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CLARKSON: All those in favor?
COMMISSIONERS: Aye.
CLARKSON: Opposed? That motion is carried. Public testimony is closed. Everybody's
going to be disappointed because this was an information gathering session. I'm reading my
script here. There won't actually a motion for action on this item until our next regularly
scheduled meeting on May 3`d, at which time we will actually vote on this—oh, I wasn't
supposed to tell you that. Please tell them what's going to happen.
KAY: So, we're a well-oiled machine here tonight. I just wanted to let you know as the Chair
was saying that we're not going to take any action on it tonight. The action will be taken at the
May 3rd meeting in Hilo, so your motion should be to continue this matter to that May 3'd
meeting. Thank you.
CLARKSON: At which time we will take public testimony should you decide to do so again, so
is there a motion for continuance of this agenda item until the next regularly scheduled meeting?
REPLOGLE: Yes, I—hello? [Testing mics Yes, I would like to withdraw my previous motion
to close testimony—
HATA-FINLEY: No, no, no, you don't need to do that.
REPLOGLE: I can leave that?
HALUCLARKSON: Yes.
REPLOGLE: I'm not a lawyer either. So, I move that we move testimony to Hilo on the
May 3`d meeting. We'll take more and at that time, we will decide. And, thank you all for your
testimony. I was moved.
CLARKSON: Is there a second for continuance?
IKEDA: Second.
CLARKSON: All those in favor?
COMMISSIONERS: Aye.
CLARKSON: Opposed? Okay, this agenda item is continued until our next regular meeting.
Before we adjourn, I also want to sincerely thank everybody, but especially the Steering
Committee. I mean, that, that marriage of inconvenience that you went through and you
survived it, I hope you're all still friends and get together every once in a while to have some fun
rather than thrash out the future of Hamakua. But, thank you all, and especially the staff and
Steering Committee that put this together, and we will—at least I'm speaking for myself—will
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very seriously consider everything that's in it and act on it. Is there any—at this time then,
there's nothing left to do but adjourn the meeting.
IKEDA: Move to adjourn.
CLARKSON: Is there a second?
RAFFIPIY: I second.
CLARKSON: All those in favor?
COMMISSIONERS: Aye.
CLARKSON: Opposed? Meeting is adjourned. Drive safely.
The discussion ended at 7:24 p.m.
Respectfully submitted,
Sarah Y. Hata-Finley, Secretary
Windward Planning Commission
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