HomeMy WebLinkAbout2020-10-01 Exh A Public Testimony (PD Initiated Relating to Use Permits) WINDWARD PLANNING COMMISSION
COUNTY OF HAWAII
HEARING TRANSCRIPT
OCTOBER 1, 2020
The Windward Planning Commission at 9:07 a.m. took public testimony regarding the Planning
Director Initiated an Ordinance Amending Chapter 25, Relating to Use Permits via live-stream
meeting with Chairman Thomas Raffipiy presiding.
VIRTUAL ATTENDANCE(COMMISSIONERS): Gilbert Aguinaldo, Dean Au, Joseph
Clarkson, Thomas Raffipiy, John Replogle.
VIRTUAL ATTENDANCE(STAFF): J. Yoshimoto (Deputy Corporation Counsel for
the Windward Planning Commission), Michael Yee (Planning Director), John Mukai (Deputy
Corporation Counsel for the Planning Director); Jeff Darrow (Planning Program Manager),
Maija Jackson (Planner), Tracie-Lee Camero (Planner), Rachelle Ley (Department Secretary),
and Melissa Dacayanan-Salvador (Temporarily Assigned Commission Secretary.
And 18 members from the public live streaming the meeting .
INITIATOR: PLANNING DIRECTOR
An ordinance amending Chapter 25 (Zoning Code), Article 2, Division 6 of the Hawaii County
Code 1983 (2016 Edition, as amended), to update the time and revocation requirements for the
Windward Planning Commission and Leeward Planning Commission to act on and revoke a Use
Permit to be consistent with the Planning Commission Rules of Practice and Procedure.
Secretary's Note: "—"means that there were technical and/or internet difficulties which
made the conversation inaudible.
RAFFIPIY: Let us proceed to the first item on the agenda. I just want to let everybody know
that agenda Item number 1 and number 2 are to be continued to our November meeting. That
will be on November 5th. I also like to let everyone know that these two (2) same items will be
heard at the Leeward Planning Commission in their October 15th meeting.
I understand that there is a, we have one (1)testifier for agenda Item number one but, I'd like to
let the Commissioners know that we will not be able to ask questions because it is not agendized
as it's already continued to our November meeting. But the testifier wished to give her public
testimony at this time on agenda Item 41.
HARDEN: Okay, I should start now?
RAFFIPIY: Okay, hold on please. Cory Harden can you please raise your right hand, please.
Do you swear or affirm to tell the truth on this matter now before the Windward Planning
Commission?
HARDEN: Yes.
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EXHIBIT A
RAFFIPIY: Thank you ma'am now you may proceed.
HARDEN: Yes, okay, thank you. So, I am testifying on agenda one, I understand it was
dropped postponed. So, first I want to thank you folks for your service on the Commission and
thank the staff for getting this online thing working. Let's see and I believe the item was
postponed because people raised concerns that the text of the amendment wasn't available to the
public until two (2) days before the meeting. I think it was postponed because of Sunshine Law
considerations and I appreciate if that was the reason appreciate it was done.
But I'm doing a testimony kind of as a heads up for when it comes around again. My biggest
concern are two provisions that might allow bad projects. One, right now a written objection is
enough to stop a project, but the amendments would change that to be a contested case hearing
and you folks all know what a contested case hearing involved. A great deal of work for the
person filing the case often at the expense of hiring a lawyer. We should keep it to a written
objection to stop that projects from getting through.
Second concern right now the projects are automatically approved if a Commission does not
decide by the deadline. Instead, they should be automatically denied, to follow precautionary
principle and keep bad projects from getting through. What if the Commission work gets
disrupted by an eruption, tsunami and storm or a pandemic like we're having now and to give
denied applicants a second chance there could be some kind of expedited simplified process for
them to reapply. I think is should be automatic denial and not automatic approval.
Couple other concerns the amendments talk about the close of public hearing, but it is not clear if
they mean Planning Commission, Board of Appeals, County Council or Court. Also, a permit
can be revoked if a Director sees there's non-compliance with conditions, or threats to health and
safety. But if the Director isn't doing anything there should be a way for the public to go straight
to the Commission. And last, we should keep the current language saying a permit can be
revoked if the use has been abandoned for two (2)years. The revisions would require a written
statement of abandonment from the owner but, what if the owner refuses to write a statement.
Alright, thank you for your attention.
JACKSON: Thomas, you are on mute.
RAFFIPIY: Thank you very much, thank you Ms. Harden, thank you Maija.
The testimony ended at 9:10 a.m.
Respectfully submitted,
Melissa Dacayanan-Salvador
Temporary Assigned Secretary
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EXHIBIT A