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HomeMy WebLinkAbout2021-09-16 Leeward Exh A (Public Testimony re Item 1 SPP 21-227) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII TESTIMONY TRANSCRIPT SEPTEMBER 16, 2021 Public testimony regarding the application of KONA AERIAL GYMNASTIC TEAM INC. (SPP 21-000227) was called to order at 9:43 a.m. via live stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Shani Armbruster, Barbara DeFranco, Clement"CJ" Kanuha III, and Faith"Faye" Yates EX-OFFICIO MEMBER PRESENT: Robyn Matsumoto (Department of Public Works, Engineering Division) ALSO IN ATTENDANCE: Dalilah Schlueter, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Jessica Andrews (Planner), and Noriko Sauer(Commission Secretary) APPLICANT: KONA AERIAL GYMNASTIC TEAM INC. (SPP 21-000227) Application for a Special Permit to legitimize the operation of a youth gymnastic and sports fitness facility and related improvements on an approximately 2.3-acre portion of a larger 23.738-acre property in the State Land Use Agricultural District. The subject property is located at 75-476 Hualalai Road, approximately 700 feet east of its intersection with Queen Ka`ahumanu Highway, Wai`aha 1st, Puapua`anui 1st, North Kona, Hawaii, TMK: (3) 7-5-017:044 (por). Secretary's Note: "- - -" indicates indiscernible speech due to internet/technical difficulties or simultaneous talk. VITOUSEK: We will now move on to statements from the public on agenda items. The Commissioners have received some written testimony both in support and in opposition on the Kona Aerial's Gymnastic Team application. We also have quite a few members of the public here on Zoom to testify. Let's see, if everybody could turn on their cameras, I will swear you in together. Mahalo. Please raise your right hand. Okay, do you swear or affirm to tell the truth on the matter before the Leeward Planning Commission? You can just nod. TESTIFIERS: With right hand raised, all testifiers nodded. VITOUSEK: Right on, thank you. Okay,please limit your testimony to three minutes, and please don't be repetitive, staff will let you know at two and a half minutes by ringing a bell. If you submitted a written testimony,please don't just reread it, we've read it already and you're welcome to summarize and update your testimony here in person. After your testimony the Commissioners may have questions for you, and when there are no more questions, please log out of the Zoom platform and switch to the YouTube channel, if you want to keep watching the 1 EXHIBIT A meeting. This is to limit the participants on the screen in order to better manage the meeting and also minimize connection disturbance and noise. Okay, first up, we have Erin Kuo. KUO: Good morning and aloha my name is Erin Kuo and I'm calling in from Melbourne Australia so it's quite early for me here and there's nowhere else I'd rather be than with you all in the Big Island. So lovely to see you all and hear your stories this morning and the work you're doing for the community. I was a gymnastic coach and gymnast at Kona Aerial's beginning over 30 years ago and I've known Coach Nanette and her program for most of my life. What I know is that this program is a blessing and an asset to Kona and the Big Island community for its children, its families, and its future citizens. Gymnastics and the Kona Aerial's program is more than a sport. It's an arena where children learn to trust themselves, to trust their coaches, and to trust their teammates. There's nothing like taking a big physical risk to teach you to learn to trust your body, your instincts, and the people around you are guiding you as you learn. The kids learn to support one another, to cheer for one another, to comfort each other in competition and in practice. They learn camaraderie and sportsmanship. They learn how to win with humility and to lose with grace. They learn the invaluable skills associated with trying something new, taking risks, failing, and persisting. Today, where so many of us as parents are terrified of the many risks our children's face. Kona Aerial's gives kids a space that safe to take calculated risks to learn what happens when things don't always go as planned. That you can get back up, that you can recover, that you can try again, that you can persist at something and that you're stronger than you think. I personally have become who I am because of this sport, this program and of course, because of Coach Nanette. Nanette has not just been a coach to me she's been a mentor, a maternal figure, a role model, my boss, and my friend. And it's not just me that she's played these critical roles for she's done this for countless hundreds and thousands of kids and their families. She's been our extended family and she's made us feel part of a bigger community and it's because of programs like this and people like Nanette that children feel cared for, they learn their purpose and they become who they are meant to be. This has been true for me and what I learned from this program and Coach Nanette is that I had people coached and cheer for an invest in my development and in turn I've internalized a responsibility to give this back to others. It's always in my mind to find a way to be a coach, a teacher, a mentor, and to develop young people to give back more than I was given. So, I hope with all the testimony the Council hears that you'll understand how incredibly lucky the Big Island is to have Kona Aerial's Gymnastics and Coach Nanette as part of your community. Mahalo. VITOUSEK: Thank you very much. Moving onto Ayla Mossman. MOSSMAN: Aloha. VITOUSEK: Aloha. 2 EXHIBIT A MOSSMAN: I'm Ayla Mossman and I am born and raised here in Kailua-Kona, Hawaii. I'm here to speak for Nanette and on behalf of Kona Aerial's Gymnastics. Gymnastics was a huge part of my life. I started when I was seven years old, and I was a competitive gymnast for 10 years with Coach Nanette. She was not just my coach. I put countless hours in the gym, eight hours almost sometimes during the summers. We did four to five days a week training and not only is gymnastics a very physical sport it's also a very mental sport too. And with Coach Nanette having your back and being there for you, I would have not grown into the woman that I am today. She was always there for me as a coach, as a mother figure, as a great mentor, she instilled so much not just on the physical end but mostly on the mental end. I am a mother of two and both of my boys joined her program. I think it's very important to have gymnastics in the Big Island and that's the only gym on the Kona side. I have learned so much life lessons and I use them still today at my age right now. I would have not been where I am today without Nanette and her program. She opened her gym and also her heart to not only my `ohana but I know of a lot of other `ohana's in the community. She is very important to me today. I keep in touch with her. My boys still do her program, especially in this day and age, I think it's very important to instill and have a sport for kids that just need that guidance. I have learned just so much in general, and I just want to thank Nanette for being here and it's very important that Kona Aerial's is still a part of this community, as it has been for over 30 plus years and it's an amazing sport and it's an amazing facility. Thank you. VITOUSEK: Thank you very much, appreciate the time. Moving on to Doug Scoufos? Is Doug here? Do we have, Doug are you on the line? Okay, moving on to Janice Palma-Glennie? PALMA-GLENNIE: Aloha, good morning. Hello, can you hear me? VITOUSEK: Yes. PALMA-GLENNIE: Okay good thanks. Aloha everyone, let me be very, very clear here gymnastics is a great sport. The company doing this seems to have their heart in their business and doing a great thing, but this issue is not about gymnastics and it's not about them, this is strictly a land use issue. As far as the application I'm a bit confused by it it's unclear to me why another entity beside the landowners is asking for a permit to use ag land for commercial, non-ag related use. And why there are two companies engaged in the commercial activity on the site while only one appears to be the applicant. In any case, these two companies or just one are asking for forgiveness, rather than permission and it sounds like it's not the first time. In the section "Reason for Request"they say they admit to another zoning discrepancy in their last location. All I can ask is why don't they find a commercial space rather than intrude upon and try to skew existing land use law to pursue their sweet goals. They are just going about it backwards. As a member of the public, I have a right to know that land use law is being followed and enforced. I have a right to feel confident that my elected and appointed officials know when the laws are 3 EXHIBIT A being breached and that they'll punish whoever breaks them and not let them continue to do that. Giving this are these entities a nod when they've been admittedly breaking the law would be like sending a cheating child back into the game with a nod and a kiss and maybe some candy. A gymnasium again isn't the issue. This is about a blatant and knowing breach of laws written to protect the public, our local culture, the environment, our economy, and a hope that with the protections agriculturally viable lands, especially will be able to feed ourselves now and into the future in a sustainable way. Land use classification and zoning are some of the most valuable tools we have as a community to protect our quality of life and I believe strongly that those rules should be enforced unless there are dire, unforeseen circumstances that make exceptions necessary. This activity and use do not meet that criteria. Again, I'm confused as to why the landowner didn't clear this up by going through the proper land use channels before they allowed Kona Aerial Gymnastic Team to start using their property. After all, Bolton Inc. has been around the development block for decades. If this planning body is doing its job, it will give this request a flat"no". They should fine the entity in accordance with the law and sorry to say, as wonderful as the people are they have breaking the law, and they should be required to abandon the structure immediately, so they can find a legal place to carry on their business, and I wish them well, but not in this location. Mahalo. VITOUSEK: Thank you for your testimony. Moving on to Leah Herbert? HERBERT: Hi. Hi, my name is Leah Herbert I live in Kona and my almost four-year-old daughter attends gymnastics each week at Kona Aerial's Gymnastics. I have a bachelor's degree in elementary and special education and a master's degree in educational technology and I taught Junior High for eight years. I'm testifying today as a member of the community in support of the Special Use permit for Kona Aerial's Gymnastics. Enrolling children in gymnastics has many benefits for our community, especially during the COVID-19 pandemic. Kona Aerial's is the only gymnastics training facility in Kailua-Kona. There are countless research studies showing that kids that are involved in extra curriculars earn better grades, have higher self-esteem, and are less likely to get into trouble. Additionally, Kona Aerial's goes above and beyond to implement and enforce COVID safety protocols in their open-air facility. Which I just want to loop back around and kind of point out why this location should have this exception is because in this emergency time of COVID-19 this facility provides open air which is an extra layer of safety. So, on top of all of the benefits that we already know exist in involving children in gymnastics this is also a safe choice. So, I just think that that's a really important thing to consider at this time. Personally, I can say that my daughter has really enjoyed attending gymnastics at Kona Aerial's and it's been a wonderful activity for her, and I feel safe sending her there. Which is why she's not enrolled in too many activities, or we really don't even have many other choices luckily, she chooses gymnastics, because it is, it is open air. So, she's inspired watching the older gymnast practice and is showing dedication already. So, it would be very sad if Kona Aerial's had to close its door, simply because of a permit issue. So, I do not believe that that choice would be in the best interest of the community. So, I'm asking that you please vote to approve the Special Permit for Kona Aerial's Gymnastics today. Thank you. 4 EXHIBIT A VITOUSEK: Thank you very much and appreciate your time. Next up is Joe Kunkle? KUNKLE: Good morning. So, my name is Joe Kunkle. I've got a little bit different perspective than most on the gym. I first met Nanette Guiffrida back in 1989 when she'd opened her first gym. She stopped by my first cabinet shop and asked me if I would build some things for her and her students. Which I did, we donated it to the program. Skip forward 10 years I bought a commercial building Nanette's gym was housed in it. She was recently divorced had her two small four-year-old twins in the gym at the time. I had to ask her out I think every day for an entire year before she agreed to date me once and a few years later I actually got to marry her. I've always considered myself a moral and ethical guy. My wife has taught me there's a whole another level to this and that's what she does. She one of the most incredible people I've ever met and what she does for those children I can't even describe and I'm sure you'll hear over and over again. I'd like to directly discuss what Janice had brought up earlier about the zoning issues. Until very recently there was never a place for gymnastics facility to have been in legally. It was not in the County Code or Charter anywhere. I know that because when I bought the building that her gym was in, we had to get a Special permit just to allow her to stay in there is like legally keep her in there. And Nanette would have stayed in the same facility for 30 years, the only time she ever has to move is because the building has gotten sold and the new owners wanted to increase the rent or change occupancy or whatever. We've never been able to put her in a place that had the required height and space required to do gymnastics that wasn't in commercial area and gymnastics has never been allowed in commercial area until recently. So industrial areas would not house her, commercial areas would not house her, obviously agricultural areas wouldn't allow her so she's never had a place that she could be in before. Fortunately, Dan Bolton was willing to step up and give her a place when she lost her last place because they sold it. So, I completely understand about the bending rule's part, but unfortunately there was never a place that gymnastics was allowed here before until recently. That's about all I've got to say, thank you so much for your time, I appreciate it. VITOUSEK: Thank you for your testimony. I see Doug Scoufos has joined us. SCOUFOS: Yes. VITOUSEK: Doug, would you please raise your right hand. SCOUFOS: Can you hear me, okay? VITOUSEK: Yes, yes, can you please raise your right hand I'll swear you in. SCOUFOS: Raising right hand. VITOUSEK: Do you swear or affirm and tell the truth before the Leeward Planning Commission? 5 EXHIBIT A SCOUFOS: Yes, I do. VITOUSEK: Okay,please go ahead with your testimony you've got three minutes. SCOUFOS: Okay well I've only Zoomed one other time so pardon me for not getting in on time. My experience with Kona Aerial's goes back a decade or longer with my daughter Demetria started in 2002 and had to stop in 2014 because she went up to HPA. I've got a granddaughter Andromeda Wong she takes gymnastics in Arizona. My other granddaughter Athena Ann Owens she takes gymnastics lessons and she's just one. But it started with my retirement and me having a daughter and we spent a lot of time at Kona Aerial's. I was fortunate enough to listen to other people, and they have done a much better job than I'm going to do. But I would tell you that after watching Nanette for 12 years, she's very dedicated to helping young people reach their goal is. I'd ask that you grant this Special Permit to keep other kids in the future into programs like what you've been listening to. Thank you for your time, let me know if there's any questions. VITOUSEK: Thank you very much for your testimony. Moving on to Allison Alterman? ALTERMAN: Hello, sorry for any noise I'm in my classroom. I'm a special education preschool teacher so there's a lot going on. But I was a gymnast in middle-school, so I was a little bit old when I started but Nanette took me on, and I had a great experience there. She was so great to me. As a gymnast I learned so much and I loved it. So many people think that gymnastics is just kind of a kid sport, but for me it's a lifelong passion. I'm still involved, I still love doing gymnastics and even though I have a full-time job I still work there after school because it's just something I love. I love being in the gym and the environment So, in high school I started working for Nanette and that was actually my first exposure to kids with special needs, and I learned so much about teaching and how to control a group of kids in a potentially dangerous environment. You just kind of grow up quickly in that scenario, but it was just an awesome experience for me, and I think what led me to go into the profession that I'm in as a special education teacher. So, I would just like to put my support behind the gym and Nanette and hope that this is passed. Thank you. VITOUSEK: Thank you very much for your testimony and good luck in that room sounds like Moving on to Katie Coleman? Is Katie Coleman here? We'll skip over to Council Member Rebecca Villegas. VILLEGAS: Aloha everyone. My name is Rebecca Villegas, and I am the Hawaii County Council member for District 7. I live in District 7 and right off of Walua Road. I've had the opportunity to talk with or work with in some capacity most of you here on today's call. I'm here today, this is a really challenging one. Unfortunately, the landowner of this property and the issues surrounding this property have been one of the biggest concerns of the constituents in my district since I ran for office about three years ago. We are currently seeing higher rain flow and the brown water runoff that comes through this property is dumping silt on our reef ecosystems right outside of Tiki's directly associated with this property and stream bed. I'm 6 EXHIBIT A hopeful that each one of you has taken the time to read through the testimony sent by Carol Moran Fuller in which you will see a long list of violations of the landowner with regards to the use and practices on this agricultural land. It's tragic in my mind, I've known Nanette since I was a little girl and boy, I always wanted to be a gymnast in her gym at a certain age, though I was definitely going to be way too big for that. But I have seen a number of our keiki go through her program. She's an incredible coach, an incredible youth coordinator, and she has an incredible business. It's tragic and ironic that all of this has happened in this timeframe, where she lost a location, and it was very gracious and kind of the landowner, Mr. Bolton, to provide this space as an opportunity to continue the services of her business. Nobody wants the gymnastics to stop, nobody wants her business to suffer, and nobody wants our children to lose access to such a great sport and activity. However, this is a complicated issue, because the Special Use permit relates to this one business, but the property that the Use permit is applying for has a very complicated history with its landowner. There are complications going back to 1999. The landowner has a history of disregard for our land use laws and a long list of violations and fines. Along with a current and continued manipulation of a flood mitigation project that is widely believed in our community. Unfortunately, to be a cover for a rock crushing business, which is an industrial use on agricultural land. The case is currently at the Hawaii Supreme Court waiting to be picked up unfortunately it has not been. I was very hopeful that there would be some clarity coming from the Hawaii Supreme Court, but with some of the other issues that have come forward that's been put on pause. The landowner has been generous to offer the ag structure, which was otherwise unpermitted for this kind of use to be used by the gymnastics facility. I don't know if any of you have been to the site. It's not particularly safe, there are a lot of complications associated with the site. Unfortunately, this is a strategic manipulation of do something first and ask for permission later and have somebody else ask for the permission instead of the landowner. Which makes it challenging for all of us to then listen to testimony from parents and Nanette as a business owner with an incredible reputation of serving our community. There is another gym that's being operated in this ag structure on this property that is fantastic with community members benefiting greatly from open air workouts in this time of the "rona". However, none of it is legal and none of it was legal and there's a history with this landowner of doing what he wants, when he wants and how he wants and then coming back and, in this instance, having somebody else file for a special use permit. VITOUSEK: I'll ask for you to just summarize as you've past the three minutes. VILLEGAS: Perfect. In summary, I recognize and respect that you're in a tough place on this one, but I asked that you look at the land use laws associated with this property, and should you decide to move forward that more stringent stipulations be put on this landowner and for the improvement of this property to be in alignment with what they're asking for as a use on this property. And with that I yield, so thank you for taking this up and considering those requests. Mahalo. 7 EXHIBIT A VITOUSEK: Thank you very much for your time. Moving on to Krista Donaldson? DONALDSON: Aloha, can you hear me? VITOUSEK: Yes, thank you. DONALDSON: Aloha esteemed panel. I'm here to contribute my observations about the entrance to the land where this permit is in question. I am a garden teacher at Innovations Public Charter School right next to this property. I've observed land moving activities with a mix of concern and kind of a grotesque fascination. Over the years, workers have been busy, busy, busy moving massive amounts of soil Kona's gorgeous fine red gold be moved around as the garden teacher of course I'm like whoa look at all of that soil. The land moving activities have been very assertive over the last two years, as somebody has already just talked about the same time. Kona's rains have increased and Wai`aha River has flowed and flowed big many, many times. The workers have created a soil berm across a completely exposed riverbed. They put a culvert this big in the middle of the berm for drainage. This man-made dirt berm is now the entrance road to the gyms. Just two rains ago this culvert became easily blocked by debris, large trees, huge branches, huge boulders on the road and the whole culvert was easily overwhelmed by the amount of water that was coming down the mountain from Kona's most ample and at least to the underground cleanest water source in Kona. The water simply overtook the berm and created Kona's newest most massive waterfall on the makai side. It cascades in all directions over newly turned soil and takes unknown amount of Kona's most beautiful red gold right with it. Over the last two years I've seen giant excavators, the biggest excavators found on our island in the middle of the riverbed working on creating a berm while the river was flowing. I've seen, I've observed workers just broadcast spraying the cane grass all over both sides of the rivers. I've seen the access road unpassable due to debris and rain. There is a massive green waste pile along the banks of the river. What happens when debris is deposited in the riverbed or when the river overwhelms the piles. I've witnessed bulldozers and excavators cleaning up and I've started taking video and drone footage and pictures that depicted random rerouting of the river. Two rains ago a huge, unmarked holding pond was apparent just a football field away from where these gyms are. Last rainstorm — VITOUSEK: Sorry, one second, you've hit the three minutes. I'll give you opportunity to quickly summarize. DONALDSON: I'm concerned about the safety of this road. Does this landowner have permits to build roads for these three different river crossings? What happens when these roads again become overpowered by Wai`aha River? I am also concerned about training our community to just drive over a riverbed when it's running. All of that gorgeous soil just runs down to Kahalu`u Bay where the reef is now brown. Teaching our community to just go around the debris and drive through a flowing river is irresponsible and contributes to the non-source pollution carried by Wai`aha into Kahalu`u Bay. At least esteemed panel, please visit the site. Please see how 8 EXHIBIT A this rerouting of our river has resulted, and I would like to please end by honoring the fact that Wai`aha River is the gathering of waters. A lot of kupuna tell me, it created a community here in Kona to begin with. I believe that it was Wai`aha River that even gave Hawaiians here in Kona the word"waiwai". Wealth water, water, and the word"hanawai" sharing of the — VITOUSEK: That will be it. Thank you, thank you that's enough that's the time DONALDSON: Have a great day, thank you guys. VITOUSEK: Okay, aloha, appreciate the time. Last call for Katie Coleman? Is Katie Coleman come in. Okay. The public testimony ended at 10:14 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 9 EXHIBIT A