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Home My WebLink About2021-07-01 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAII MINUTES JULY 1, 2021 The Windward Planning Commission met in regular session at 9:07 a.m., with Chairman John Replogle presiding. Based on the Governor's Nineteenth Proclamation Related to the COVID- 19 Emergency dated April 9, 2021, this meeting was held online, with live-streaming for the public to observe the meeting. VIRTUAL ATTENDANCE(COMMISSIONERS): Dean Au, Joseph Clarkson, Dennis Lin, Thomas Raffipiy, John Replogle. ABSENT AND EXCUSED: Gilbert Aguinaldo, Michelle Galimba. VIRTUAL ATTENDANCE(STAFF): Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jean Campbell (Deputy Corporation Counsel for the Planning Department), Eric Cook (Planner), Maija Jackson (Temporary Assignment Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary). Secretary's Notes: Throughout the meeting, there were some technical and/or internet difficulties which made the speaker inaudible. Please note that the notation "—"in these Minutes and the Exhibit Transcripts means that there were technical and/or internet difficulties which made the conversation inaudible. A quorum was present. Chairman Replogle called the meeting to order. He explained the procedure and protocol for this online meeting and live public testimony. He introduced the Commissioners and staff who were in virtual attendance. APPROVAL OF MINUTES At 9:12 a.m. it was moved by Commissioner Lin and seconded by Commissioner Clarkson that the minutes of June 3, 2021, be approved. A voice vote was taken, and the motion carried with all in favor and no noes. STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Chairman Replogle called upon the public testifiers, explained the procedure, and swore them in to tell the truth in their testimony. At 9:17 a.m. one individual provided statement regarding New Business Item 1, the application of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) (SPP 12-000138). The testimony ended at 9:21 a.m. [SEE HEARING TRANSCRIPT EXHIBIT AJ Page 1 of 4 Windward Planning Commission July 1,2021 Minutes At 9:22 a.m. three individuals provided statements regarding Unfinished Business Item 2, the application of KIRPAL MEDITATION AND ECOLOGICAL CENTER, LLC (SPP 20- 000220). The testimony ended at 9:33 a.m. [SEE HEARING TRANSCRIPT EXHIBIT BJ NEW BUSINESS 1. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/ COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) (SPP 12-000138) DISCUSSION ONLY: Executive Session to consult the Commission's attorney on questions and issues pertaining to the Commission's powers, duties,privileges, immunities and liabilities concerning Intermediate Court of Appeals' January 31, 2020 Memorandum Opinion vacating the County of Hawaii Windward Planning Commission's May 12, 2014 Decision and Order,which denied Special Permit SPP No. 12-000138, and remanding the Special Permit SPP No. 12-000138 back to the Windward Planning Commission for further proceedings consistent with its Memorandum Opinion. The subject Special Permit sought to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo, Hawaii, TMK: 2-5-006:141. The Commission took this item up at 9:38 a.m. Prior to a motion to enter Executive Session, Commission Raffipiy for full transparency, stated his wife works at the Connections Charter School therefore, he must recuse himself in participating with the agenda item. Commissioner Au also stated for full transparency he was on the Planning Commission when the application was originally heard. He stated that moving forward he still can serve on the agenda item. Counsel Malia Hall asked Commissioner Au whether he can be fair and impartial throughout the proceeding and Commissioner Au stated yes. It was moved by Commissioner Clarkson and seconded by Commissioner Lin that the Commission go into Executive Session. The live-stream meeting was placed on hold and at 9:44 a.m. the Commission went into executive session. The hearing item ended at 10:15 a.m. [NO TRANSCRIPTAVAILABLEJ It was moved by Commissioner Clarkson and seconded by Commissioner Lin to continue Item 1 to the next meeting in August. A voice vote on the motion was taken, and the motion carried with none opposed. Page 2 of 4 Windward Planning Commission July 1,2021 Minutes UNFINISHED BUSINESS 2. APPLICANT: KIRPAL MEDITATION AND ECOLOGICAL CENTER, LLC (SPP 20-000220) Application for a Special Permit to legitimize the operation of a meditation and ecological center and retreat on 10 acres of land situated within the State Land Use Agricultural District. The subject property is located at 13-260 Pohoiki Road, approximately 0.5 miles west, or mauka, of the intersection with Kalapana-Kapoho Beach Road, Pohoiki, Puna, Hawaii, TMK: (3) 1-3-008:005. The Commission took this item up at 10:15 a.m. Action: It was moved by Commissioner Lin and seconded by Commissioner Au that the application for Special Permit No. 20-000220, be approved based on the Planning Director's recommendation and conditions, which shall be adopted. A roll call vote was taken, and the motion carried with five (5) ayes (Lin, Au, Aguinaldo, Clarkson, Raffipiy, Replogle) and no noes. The hearing item ended at 11:08 a.m. [SEE HEARING TRANSCRIPT EXHIBIT Q ADMINISTRATIVE MATTERS 1. Discussion of recent Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director. The Commission took this item up at 11:08 a.m. Ms. Jackson said the Special Management Area (SMA) Assessment log and the Short-Form log were provided and asked if the Commission had questions. There was no discussion or questions on the recent SMA logs. ANNOUNCEMENTS Chairman Replogle stated as a reminder the Joint Planning Commission Meeting is scheduled for July 15, 2021, at 9:30 a.m. via Zoom on the proposed amendments to the Planning Commission Rules in preparation for Energov. He also stated the Windward Planning Commission's next monthly meeting is scheduled for Thursday, August 5, 2021, by interactive video conference via Zoom. Commissioner Au stated in preparation for the July 15'h meeting with the Leeward Planning Commission, he read the long document and understands what will be discussed. Based on past discussions he thought the Commission was going to add in rules and procedures at the upcoming meeting was disappointed a proposed rule or language addressing a commissioner's conflict of interest was not on this agenda. He also stated while he was Chair for the Board of Appeals there was a clear and defined set of rules regarding conflict of interest. He stated since with the Planning Commission, once or twice a commissioner has had to announce or recuse or potentially recuse themselves but with a set of rules it will be a whole lot easier for all to follow. He inquired with the Planning Department and was instructed this will be taken care in future meetings. Page 3 of 4 Windward Planning Commission July 1,2021 Minutes Commissioner Au asked staff and Director Kern whether that will be addressed at another joint meeting. Director Kern replied"yes, it would be another joint meeting and will beset up in general discussion around that and some ideas they have outside of the rule change that is being focused on right now". Commissioner Au inquired if joint meetings are held every 2 years. Director Kern stated it can be done sooner and can be discussed more on time frame etc. at the joint meeting so everyone is on the same page. Commissioner Au stated it is important to tighten up the Commission rules with the environment they are in now to protect the Commission and Commissioners because they all are volunteering. Commissioner Clarkson reminded Planning Department staff of the glitch in the rule regarding reconsideration and to exempt directions from the Courts. He also asked staff whether suggestions for revision of the rules related to Energov should be sent to staff individually or provided at the joint meeting. Director Kern answered that commissioners may send comments or concerns to staff as they come up. Ms. Jackson instructed Commissioner Clarkson to email her, and she will try to respond to the questions and will share with the whole joint Commission at the next meeting. ADJOURNMENT There being no further business, it was moved by Commissioner Au and seconded by Commissioner Clarkson that the meeting be adjourned. A voice vote on the motion to adjourn was taken, and the motion carried with none opposed. Chairman Replogle adjourned the meeting at 11:14 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary ATTEST: John R. Replogle, Chairman Windward Planning Commission Page 4 of 4 Windward Planning Commission July 1,2021 Minutes