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HomeMy WebLinkAbout2021-06-16 Leeward Exh A (Public Testimony re SMA 21-000080) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII TESTIMONY TRANSCRIPT JUNE 16, 2021 Public testimony regarding the application of COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION (SMA 21-000080) was called to order at 9:46 a.m. via live stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Clement"CJ" Kanuha III, Mark Van Pernis, and Faith "Faye" Yates (from 9:55 a.m.) ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Alex Roy (Planner), and Noriko Sauer(Leeward Planning Commission Secretary) APPLICANT: COUNTY OF HAWAII DEPARTMENT OF PARKS AND RECREATION (SMA 21-000080) Application for a Special Management Area(SMA) Use Permit to allow facility improvements and American with Disabilities Act(ADA) upgrades to the existing Magic Sands Beach Park, which includes demolition of the existing comfort station, construction of a new ADA compliant comfort station, construction of ADA compliant parking spaces, new showers, new accessible picnic table and grill area, new accessible walkways and ramps connecting the park to Alii Drive, utility improvements, waterline improvements, and pavement restriping. The proposed improvements will occur on the 0.43-acre Magic Sands Beach Park property as well as within the Alii Drive right-of-way fronting the subject properties. The properties are located makai of Alii Drive, approximately 538 feet north of its intersection with La`aloa Avenue, Kapala`alaea 2nd, North Kona District, Hawaii, TMK(s): (3) 7-7-008:017, 094, 107 & (3) 7-7-010:036. Secretary's Note: "- - -" indicates indiscernible speech due to internet/technical difficulties or simultaneous talk. VITOUSEK: Okay, testimony on Item 1, we have first up is Simmy McMichael. Please state your name and the town that you live in. Is Simmy here? I see your name there. Aloha Simmy if you are here, you can unmute and you can begin your testimony. S. MCMICHAEL: Simmy McMichael, Kailua Kona. VITOUSEK: Thank you. S. MCMICHAEL: Okay, before I begin on this agenda for the Parks and Rec, I did not see a sign that was posted on the site, and it was supposed to be posted when the application is sent in and that was in March. And it supposed to have an affidavit to the application, and I kept looking for it and I could not find it. So, I believe that this agenda should be postponed, and we 1 EXHIBIT A should give the proper notice to the public because many of the people didn't know about this, and people of the lineal descendant didn't even know of this. So, that's you know, I've went through this drill before with the Banyans 5-story condo and we had to cancel this meeting and postpone. This is going through the same thing. It is really important that everyone knows about this because this is a prime recreational beach. So, I don't want— VITOUSEK: "---" [inaudible] S. MCMICHAEL: — on this. I just, want it— VITOUSEK: "---" [inaudible] S. MCMICHAEL: What we're going to do here. VITOUSEK: Yeah, you get your 3 minutes to provide your testimony and it will be considered during the decision-making process, absolutely. PALMA-GLENNIE: What. S. MCMICHAEL: No, no, (giggling) no, you can't do that,just call it off. You got to call off this one and then move on to the next agenda we can't do the Parks and Rec without the proper. You suppose to, there's a, on the application there's a posting of the sign for public notification and accordance to Chapter 25, Zoning Code, Article 2, Division 1, Section 25-2-12, the Hawaii County Code is 1983 (2016 Edition) for Planning Commission Rules and Practices. And what has to be done is they have to post the nature of the application, the proposed use of the property, the size of the property, the TMK, and that the public can contact Planning Department prior to this. And then they have to have the address and telephone number of the Planning Department and it has to be, the sign has to be posted until the application has been granted, denied, or withdrawn. And the applicant shall remove the sign promptly such as after the action and also that it has to be an affidavit with the application. And I also have a problem because when you post the 14-day notice, this was not on the agenda, only the Mysin one was. And then when you posted the County Parks and Rec the PD recommendation, and the background was not posted the first week and I called Noriko and I said, "where is it"? Because we need to know what we have to do, what is it? To make a strong testimony to go by and then what happened is she said, "they were not ready". So, when it was finally done, it was the day of the deadline to even do a contested case hearing. This needs to be postponed and actually we should postpone it for 3 months because they gave themselves 3 months. And in there, when I read into their background, they said that they welcome contested case hearing and they want the feedback but, yet they 2 EXHIBIT A posted, and I saw it only like about 3 o'clock on the last day of the deadline to even contest. And we went through the EA also on this whole project and many people wrote in about removal of the trees and when I commented back on the response, they had a number that you could call to challenge it basically and when I emailed this person in Honolulu, they said "Boy, you're going to challenge. I suggest that you get yourself an attorney". That sounded like a threat, and I did not like that feeling, it felt odd, and you know people should be aware of what's happening, and nobody wants to buck the County. I mean, but we need to express our own feelings about how it affects us. JACKSON: Simmy, your 3 minutes is up. S. MCMICHAEL: But that wasn't my 3 minutes, that was my speech on — JACKSON: No, you're given 3 minutes for testimony and your 3 minutes is up. S. MCMICHAEL: I wasn't testifying, I'm trying to tell you that you can't have this on the agenda. VITOUSEK: Thank you very much Simmy for your testimony on this item. It's absolutely going to be considered on this. Right now, we're in the public testimony phase of this item and then once we get in, we can— PALMA-GLENNIE: Ask Corp Counsel. VITOUSEK: Yep, absolutely we can request an opinion from Corp Counsel but— S. MCMICHAEL: Should you do that prior— VITOUSEK: — testimony from the. Excuse me. S. MCMICHAEL: Shouldn't you do it prior? VITOUSEK: Prior to the item? S. MCMICHAEL: Yeah. Cause this isn't my testimony, this is a basically argument here (giggle). On having it on the agenda. Cause if I have a testimony on this, I have a lot more to say on what's, why it is going to affect us. This isn't even what it's going affect it's how to present it properly. VITOUSEK: Okay, thank you. We aren't limited on the amount of public testimony; I would like to hear from our Corporation Counsel at this point. S. MCMICHAEL: Yes, please. 3 EXHIBIT A VITOUSEK: Thank you. SCHLUETER: Hi, for everyone, I understand what she's saying in her testimony, however, we as the Chair stated, in the agenda we are in the public testimony part. We have not called any agenda items yet so, any action whether it be to postpone, proceed, what have you is not on the table yet. It's not on the floor yet so, for argument sake it is appropriate to continue that item that will be determined by the Commission upon that agenda item being called. VITOUSEK: Yeah. We fully intend to take that into consideration, and I tend to ask that question of Planning Department's staff as to whether notification has been met and if not, we'd likely postpone. But, again, we are not at that phase of the meeting, yet we are under public testimony, and everybody has to have their opportunity to provide public testimony as you have. Next up we have Lokelani McMichael. S. MCMICHAEL: Well, wait a, can I just testify in Ala Ka La's or is that going to axe me out of Ala Ka La's? VITOUSEK: No, not at all. S. MCMICHAEL: Okay. VITOUSEK: We're on item 1 and we are going get you — S. MCMICHAEL: Okay. VITOUSEK: —we have you and below for item number 2. S. MCMICHAEL: Okay, thank you. VITOUSEK: Yep, you bet. So, number 2, Lokelani McMichael? L. MCMICHAEL: Hi, I'm Lokelani McMichael, I'm from Kailua-Kona. This is about the Magic Sands. Okay, Article 11, Section 9 of the Hawaii State Constitution which states that "Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources." Page 16 of the background report"If the comfort station and shower facilities were entirely limited to the mauka side of Alii Drive, all park users would be required", hello. Am I still on? VITOUSEK: Yeah, you are, sorry about that. L. MCMICHAEL: Okay, all park users would be required to cross JACKSON: Sorry, we have a connection issue, let me. Just a minute here, Lokelani we just lost you. 4 EXHIBIT A L. MCMICHAEL: Hello? JACKSON: Are you back? Okay. L. MCMICHAEL: yes. JACKSON: Okay, Sorry about that. L. MCMICHAEL: Okay, majority of the public parking is mauka of Alii Drive, right now people park at the Kipapa Park and have to cross the street to use the bathroom or go to the beach. So, if they are worried about it maybe we need the flashing lights at the crosswalk that already exists there. Not sure, but Page 9 of the recommendation "relocating the comfort station from its existing location to a position mauka of Alii Drive is considered to be the most culturally appropriate way of mitigating the potential for adverse cultural impacts". Per Curtis Tyler, he said it was hewa from a cultural significance that the area that this "—" is so close to a puna wai. A place traditionally used to obtain drinking water. Please leave the trees, the leaves are like a sponge holding the beach from further erosion and preserve the natural beauty of our coastline. Due to the climate change, we have to plant even more trees to protect our wahi pana. Sea level is raising and Alii Drive is at sea level already. Moving the current comfort station slightly mauka is not far enough from the ocean plus if this were a private developer building such a proximity to the shoreline it would never be allowed. A toilet and a shower on a white sand beach. This is not la`aloa, la`aloa means very sacred. So,please protect it. Thank you. VITOUSEK: Thank you very much. Are there any questions. I just want to say Aloha to Commissioner Yates who've joined us. YATES: Good morning. VITOUSEK: Are there any questions from the last 2, I should had asked the questions after the first but, Commissioners any questions? Okay, moving on, we have Mele McMichael. S. MCMICHAEL: No, she's going to just do the Ala Ka La. VITOUSEK: Oh, okay and Mia McMichael? S. MCMICHAEL: No, she's not here. VITOUSEK: No, okay. Next up is Maki Morinoue? M. MORINOUE: Aloha, Leeward Planning Committee. Let's see I'm here to give my strong urgent ask — VITOUSEK: Sorry, would you please state your name and the town you live in. 5 EXHIBIT A M. MORINOUE: Oh, my name is Maki Morinoue, from H61ualoa. VITOUSEK: Thank you. M. MORINOUE: Thank you, I'm here to ask urgently to postpone this hearing for all the reasons Simmy McMichael's has mentioned for SMA 21-000080. I want to acknowledge the fact that the public wasn't thoroughly notified and the backlash that might, that will, that will come when the trees are being cut down will send a strong and powerful message to our community, local and long-time visitors. We do, I'm very grateful for you know there's plans for a new ADA compliance facility showers and all that. Again, we have photographic proof and being multi-generational families using and enjoying the waterfront for all these decades have seen the water raising and it is changed it will continue to change. It's not going to reverse itself. So, to that I say, to any development whether it's County Parks and Rec our open space "—" residential buildings we should take care of our waterfront ways and start moving in the direction of preservation through the "—" of raising tides and cultural landscape. New York City has done a fantastic job at dedicating their whole waterfront to parks for all to come and they do a great job at bringing in lots of revenue because of their beautification project and they also support cleaning project in their water system through the 1 billion Oyster Project movement. That helps alleviate the human impact that has caused their waterways to be inhabitants to be destroyed and I feel that with Governor Ige's recent law that he put into place relating to sea level rise adaptation recognizes the fact that the sea level is rising to HB243HDI ST2CD1 with that both Leeward Planning Committee and County Council and our Senators to please recognize this and allow our waterfront properties to become parkways for all and to mitigate and to recognize rising tides and the importance of trees and grass that plays on filtration and cleaning. Thank you very much. VITOUSEK: Thank you. Next up is Kiyoko Nanni. Would you please state your name and the town that you live in. NANNL Okay, my name is Kiyoko Nanni, I was born and raised in H61ualoa, Kona, Hawaii where I reside. Okay, now on this matter I strongly advocate shoreline conservation and the notion of cutting trees at Magic Sands Beach to accommodate more concrete and although creating ADA bathrooms is a very good inclusion. I seriously implore the Commission to revisit the design you've proposed which at this juncture does not preserve the cultural landscape so pono to our people and longtime community. This is your kuleana to us especially to us in Kona. Did you advise us of this activity? I did not see any signs and we were passing by recently about a week ago. Now, I want to say that the trees at Magic Sands Beach are in integral cultural presence of this long-time favorite beach to both the locals and eventually to foreign and Mainland visitors. Having concrete upon this lovely beachside takes away from the serene peaceful beauty of this very special beach in Kona and we don't have very many white sand beaches. Furthermore, is the Leeward Commission aware of rising levels along our coastline, rising water levels? And have you taken this into consideration with placing ADA bathrooms on Magic Sands Beach. Will you reconsider that and revisit your design. I strongly oppose to the design that you have 6 EXHIBIT A put into place, and I also encourage you to postpone this because you have not publicly given the community any notice. Thank you very much. VITOUSEK: Thank you for your time we appreciate it. Are there any questions from Commissioners? Seeing none, we'll move on to Setsuko Morinoue, please state your name and town that you live in. S. MORINOUE: Hello? VITOUSEK: Hello, welcome. S. MORINOUE: Hi. Hi, my name is Setsuko Morinoue from Holualoa. Good morning to all of the Commissioners, thank you very much for hear and listening and going through together and hopefully we'll come out to be better result of understanding and I think this is such a short notice and actually not much of the time at all. I totally strongly oppose this, the agenda. So, all that meeting of that simple kind of patchwork jobs trying to do to eliminate all the problems in the short terms which is not helpful for the long term our community, the health of others, the environment and especially shoreline. Our shoreline is so vibrant because the island is very young and so we have to be very, very, careful how to treat, how to take care of the land and then also the ocean, I mean hillside. Maikai, mauka it's a totally they're connected. We cannot separate and think only section of the area and we have to think in a bigger scale larger area in order to prosper in naturally in our human way. Now, we can live in this beautiful place so please rethink about it and we'd like to see sincere thoughtful plan that we community can understand and can vote on it, and we'd be very happy about it and be proud of we are living in this place. Kona is a most beautiful place and that is what I wanted to oppose for and the detail I think we echoes in the testimonies. So, I totally with that. Thank you so very much. VITOUSEK: Thank you. Any questions Commissioners? Seeing none, moving on to Carolyn Pellett, please state your name and the town you live in. Is Carolyn on? WALSH: Caroline Walsh is on but I'm speaking on the agenda item 2. VITOUSEK: Okay, I see there under agenda item 2. I don't see a Carolyn on our box of squares. Okay, last chance Carolyn are you here to provide testimony? Okay, with that, we will move on to the public testimony on agenda item two (2) SMA 21-078. First up is Simmy McMichael, Simmy will you please again state your name and town you live in. Simmy are you there? Is it on mute? Oh, I see Mr. Smith you have a question about order? You're on mute. SMITH: Yes, I do. My understanding is I'm supposed to have standing this as the one who placed this application into contest. VITOUSEK: Um' Mr. Smith that will be addressed prior to the agenda item, right now we're in the public testimony phase. Ms. Palma-Glennie you have a hand raised; do you have a procedural question? 7 EXHIBIT A PALMA-GLENNIE: Yes, I do. I wanted to testify briefly on item 1 before you pass that. VITOUSEK: Okay, is that allowable under, you're here, go ahead three (3) minutes. Please proceed. PALMA-GLENNIE: Thank you. Yeah, we could if it was a live meeting right. Okay. Aloha Commissioners, good morning I appreciate this opportunity to speak. I'd like to speak briefly to the Parks and Rec proposal. First, I'm extremely opposed to the removal of matured trees on any public property no less on one of our few parks. There will be a lot of testimony on why the tree should stay including for environmental and cultural protection. So, I'll leave it to say that, as a landscape designer and plant nursery owner in Kona for over 25 years, I have professional expertise as well as heartfelt reasons as a result of my 40 years of enjoying and benefiting from those trees existence of why I feel that the ones at La'aloa should stay and be properly maintained. The County appears to be in a bit of a slash and burn mode with public landscaping lately and this is ostensibly to save maintenance cost. I feel that is very shortsighted and defies the public interest and public trust and I know that is true from working on the Kona Community Development Plan since its inception and with all the public input regarding street trees and other landscaping which is used to beautify our town. So, thank you letting me to speak. VITOUSEK: Of course, thank you. We have you down again for item 2, so we'll get you to testify. PALMA-GLENNIE: Yes. The public testimony ended at 10:11 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 8 EXHIBIT A