HomeMy WebLinkAboutREP PC 029 2017/09/06 (2016-2018) REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 6, 2017 Re: Comm. No. 351/Bill No. 52
PLACE: Council Chambers
Hilo, Hawai`i
TIME: 9:30 a.m.
Council Chair and Members
Hawai`i County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Bill No. 52, reports as follows:
Bill No. 52, transmitted by Mayor Harry Kim, via Communication No. 351, dated June 30, 2017,
adopts the County of Hawai`i Keil Community Development Plan (CDP).
Mayor Kim forwarded the Windward Planning Commission's favorable recommendation of the
Ka`u CDP. The CDP Program is established by the County's General Plan to create a
framework for residents and other stakeholders to participate in regional planning for their
communities. The planning area for the Ka`u CDP encompasses most of Judicial District 9,
surrounding Ocean View, Wai`ohinu,Na`alehu and Pahala.
On August 15, 2017, Planning Director Michael Yee commented regarding the dedication and
tenacity of the diverse group of people from Ka`u, and said that they are proud of the piece that
came forward. Mr. Yee said that the content of this plan contains the dreams and wishes of the
people, and that it is our job to make this real.
Mr. Ron Whitmore, a former senior Long Range Planner, and April Surprenant, Long Range
Planner with the Planning Department, presented a powerpoint presentation. Mr. Whitmore
explained that this CDP presents the best means to achieve the community's goals.
Council Members Chung, Lee Loy, O'Hara, Kanuha and Richards commented that they were not
ready to make a decision and suggested that it be held in committee. Several Council Members
requested a discussion with Corporation Counsel during an open meeting, or in executive
session, regarding the recent Third Circuit Court decision in the Missler case, and how that
decision may affect the Ka`u CDP, if passed.
Council Members voted on a motion for a discussion in executive session, with six "ayes."
Council Members David, Poindexter, Richards, and Chair Eoff voted "aye." Council Members
Kanuha and O'Hara voted "kanalua," then"aye." Council Members Lee Loy, Ruggles and
Chung were not present.
Council Members reconvened after executive session and voted on a motion to postpone this
matter to the September 6, 2017 Committee meeting, with six"ayes." Council Members
Jennifer Ruggles, Sue Lee Loy and Aaron Chung were not present.
PC Report No. 29
PC-29 Page 2 September 6, 2017
On September 6, 2017, Council Member Maile David commented regarding her personal
observations, and explained that Ka`u is one of the few places left on this island that has
maintained its unique cultural landscape. She stated that this is a valid piece of legislation that
maintains and guarantees everyone's rights to utilize established laws and procedures.
Ms. David then stated that the CDP is to be adopted, according to the Hawai`i County General
Plan.
Council Members Lee Loy, Chung, Richards, O'Hara, and Kanuha commented with several
concerns such as: the passing of this CDP causing unintended consequences; the need for
clarification of the decision on the Missler case; how the CDP will be applied to the General
Plan; whether this is a recommending or mandating document; and a request for a discussion to
take place in executive session.
Chair Eoff commented that she is not troubled by the Missler case, and is glad for the
clarification in the recent decision. She commented that any discussion regarding the CDP
should take place in open session unless Corporation Counsel suggests that we discuss it in
executive session.
Council Member David explained that in stating her position, she took into account all serious
concerns, and wants to move towards adoption. She said her position is also based on
information from Corporation Counsel and the Planning Director, who studied the Ka`u CDP.
Council Members voted on a motion to go into executive session with seven"ayes." Council
Members Chung and Ruggles were absent for this vote.
After returning from executive session, Council Members resumed the meeting in open session.
Planning Director Yee, in response to inquiry, stated that this document is intentional regarding
the"shalls" and what a"wish" is. Corporation Counsel Kamelamela stated that he is very
comfortable with the Ka`u CDP. The vote was taken on the motion to approve, and passed with
nine "ayes."
Your Committee on Planningis in accord with the purpose and intent of Bill No. 52, and
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recommends its passage on first reading.
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AYES NOES. ABS EX Respectfully submitted,
CHUNG X
DAVID x COMMITTEE ON PLANNING
EOFF X
KANUHA X
LEE LOY X
O'HARA X
POINDEXTER x KAREN EOFF, CHAIR
RICHARDS X PC REPORT NO.: 29
RUGGLES X ADOPTED: SEP 2 0 2017