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HomeMy WebLinkAbout2021-12-02 Windward Planning Commission Minutes WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I MINUTES DECEMBER 2, 2021 The Windward Planning Commission met in regular session at 9:03 a.m., with Chairman John Replogle presiding. Based on the Governor's Emergency Proclamation Related to COVID-19 this meeting was held online, with live-streaming for the public to observe the meeting. VIRTUAL ATTENDANCE(COMMISSIONERS): Gilbert Aguinaldo (Excused 10:54 a.m.), Dean Au, Joseph Clarkson, Michelle Galimba(Excused 10:54 a.m.), Thomas Raffipiy, John Replogle COMMISSIONER EXCUSED: Dennis Lin Chair Replogle indicated the terms of Commissioner Clarkson, Commissioner Raffipiy and himself will end on December 31, 2021 and stated all have agreed to holdover for three (3) months or until a replacement is found. At that time, Planning Director Kern expressed his heartfelt gratitude to the 3 departing Commissioners sharing his screen as he presented the certificate of appreciation signed by Mayor Mitchell Roth to each departing Commissioner. VIRTUAL ATTENDANCE(STAFF): Zendo Kern (Planning Director), Jeffrey Darrow (Deputy Planning Director), Malia Kekai (Deputy Corporation Counsel for the Windward Planning Commission), Jean Campbell (Deputy Corporation Counsel for the Planning Department), Eric Cook (Planner), Christian Kay (Planner), Maija Jackson (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 9:14 a.m. it was moved by Commissioner Raffipiy and seconded by Commissioner Aguinaldo that the minutes of the November 4, 2021, be approved. A voice vote was taken, and the motion carried with all in favor and no votes against. Page 1 of 5 Windward Planning Commission December 2,2021 Minutes STATEMENTS FROM THE PUBLIC ON AGENDA ITEMS Chairman Replogle called upon the individuals registered to provide oral testimony. He swore them in to tell the truth in their testimony and explained the procedure. At 9:15 a.m. 3 individuals provided testimony regarding New Business Item 41 RAJA DAGGULA (REZ 21-000249/PL-REZ-2021-000007. The testimony ended at 9:38 a.m. [SEE TESTIMONY TRANSCRIPT EXHIBIT A] It was moved by Commissioner Clarkson and seconded by Commissioner Au that public testimony be closed. There being no discussion on the motion, a voice vote was taken, and the motion carried by unanimous vote of those present. NEW BUSINESS 1. APPLICANT: RAJA DAGGULA (REZ 21-000249/PL-REZ-2021-000007) Application for a Change of Zone from a Single-Family 20,000 square feet(RS-20) to a Village Commercial 10,000 square feet(CV-10) zoning district for approximately 36,373 square feet of land. The subject property is located on the north side of Old Volcano Road, approximately 335 feet west of its intersection with Wright Road, `Ola`a Summer Lots, Block "B", Lot 12-13, Puna, Hawaii, TMK: (3) 1-9-004:051. The Commission took this item up at 9:38 a.m. Deputy Corporation Counsel Jean Campbell disclosed she resides in Volcano Village not far from the Applicant's property. She stated though she represents the Planning Department she is not involved in any of the decision-making process and stated there is no conflict of interest for the record. Action: It was moved by Commissioner Au and seconded by Commissioner Aguinaldo that a favorable recommendation be forwarded to the County Council on the application for a Change of Zone Docket No. 21-000249, based on the Planning Director's recommendation, which shall be adopted. A roll call vote was taken, and the motion carried with four(4) ayes (Au Aguinaldo, Clarkson, Raffipy) and two (2)noes (Galimba, Replogle). The hearing item ended at 10:53 a.m. [SEE HEARING TRANSCRIPT EXHIBIT B] Director Kern requested a five-minute recess. Chairman Replogle called for a break at 10:54 a.m., at that time Commissioner Aguinaldo stated he is on the road and excused himself if he was inadvertently disconnected. During the break Commissioner Galimba contacted staff Maija Jackson and due to another scheduled appointment, she had to leave the meeting. The Chair called the meeting back to order at 11:02 a.m. Page 2 of 5 Windward Planning Commission December 2,2021 Minutes PLANNING DIRECTOR'S REPORT Report on Special Management Area(SMA) determinations, minor permits and enforcement action issued by the Planning Director between July and November 2021. The Commission took this time up at 11:02 a.m. Ms. Jackson stated it was planned to send the Special Management Area log to the Commission as it has been several months since one was provided due to the new EPIC permitting system. Staff has learned how to create the log in Epic a few days ago and forgot to transmit it to the Commission. Once the meeting is done staff will transmit the SMA Assessment log and the SMA Short-Form logs. She mentioned should be there any questions after reviewing the logs to contact her and going forward it will be provided monthly a few days prior to the Windward meetings. Commissioner Raffipiy asked if the Epic log will be different from the excel spreadsheet logs, they received in the past. Ms. Jackson stated it is identical and the highlighted sections of the log in yellow will reflect the Windward side applications. ELECTION OF OFFICERS FOR 2022 The Commission too up this item at 11:04 a.m. Commissioner Au made a motion nominating himself as Chair of the Windward Planning Commission. He also stated within discussion it may be determined the choice for Vice-Chair between Commissioner Galimba and Commissioner Aguinaldo. Chair Replogle stated his vote for Commissioner Lin as well. Commissioner Clarkson asked whether Commissioner Aguinaldo was Vice-Chair this past year. Chair Replogle confirmed yes. There being no other nominations, a voice vote was taken, and the nomination was approved unanimously. Commissioner Au accepted his appointment as chairperson for 2022. Commissioner Clarkson made a nomination for Commissioner Galimba as vice chairperson. Chair Replogle nominated Commissioner Lin. Deputy Corporation Counsel Kekai stated a roll call vote is needed as there are two (2)nominations. She stated when making the roll call vote to indicate the Commissioner they elect as vice-chair. Commissioner Raffipiy asked a question on majority as there are only four(4) of them. Deputy Corporation Counsel Kekai answered the action of the Commission usually takes 4 votes. Commissioner Clarkson asked to review the Planning Commission rules whether it states on the majority of those present or the majority of the Commission for electing officers. Commissioner Au shared his thoughts with the Commission on who should be the vice-chair. A roll call vote was taken by indicating which Commissioner they chose as Vice-Chair. Commissioner Au chose Commissioner Galimba, Commissioner Clarkson chose Commissioner Galimba, Commissioner Raffipiy chose Commissioner Galimba, and Chair Replogle chose Commissioner Galimba. The motion carried with four(4) votes for Commissioner Galimba as vice-chair. Deputy Corporation Counsel Kekai stated the nomination and the election of Commissioner Galimba as Vice-Chair is subject to the approval and acceptance by Page 3 of 5 Windward Planning Commission December 2,2021 Minutes Commissioner Galimba. Commissioner Au thanked his fellow Commissioners in giving him the prestigious opportunity. AGENDA ITEMS FOR NEXT MEETING At 11:13a.m. Chairman Replogle asked staff how many agenda items are on the next meeting agenda. Program Manager Maija Jackson said there are two (2) agenda items. There is a rezone in Pahoa and a Special Permit in Orchidland, `Ainaloa on the January hearing. ANNOUNCEMENTS At 11:13 a.m. Chairman Replogle said the next Windward Planning Commission's monthly meeting will be scheduled for Thursday, January 6, 2022, by interactive video conference via Zoom. Commissioner Au asked whether there are any discussions on having live/in-person meetings. Deputy Corporation Counsel Kekai stated effective January 1st the Sunshine Law will change. She stated if the Commission meeting is via Zoom or any type of interactive technology it will require at least one (1)public location open to the public. If the Commissioners are to appear in person you will also appear at that public location. Ms. Kekai indicated it would be "hybrid" meeting and required by law a place for the public for those who does not have Zoom or Wi-Fi access to come and participate. Director Kern asked Deputy Corporation Counsel Kekai if a remote meeting is done the location for the public is required and there is an opportunity to go back to in-person meetings. He mentioned there has been conversations on in-person and hybrid meetings and the County is currently monitoring the COVID situation. Beginning in the first quarter of next year there would be a better determination as to which meeting platform will be used going forward. Deputy Corporation Counsel Kekai asked the Commission as to their preference for either in- person or Zoom meetings. Commissioner Au answered he personally would like to go back to in-person at some point to engage with the community, see the staff, and witness the heartfelt testimonies from the testifiers. Commissioner Replogle concurred with Commissioner Au's response and asked Director Kern if being vaccinated is required in attending the in-person meetings. Director Kern confirmed that is part of the bigger discussion with the administration and was unable to answer further; he noted that the County is also watching the development of the new variants. Commissioner Clarkson stated the video-conferencing platform is fine and convenient for him. Commissioner Raffipiy stated we should continue to move towards a in- person meeting but at the same time in a cautious way because of the new COVID Omicron variant that has developed; Chair Replogle agreed as well. Director Kern appreciated the feedback from the Commissioners as being very helpful in moving forward. Chair Replogle thanked everyone for their support during the past year. Commissioner Clarkson asked for a clarification on the carry-over is a maximum of three (3) months and not until their position is filled. Director Kern confirmed yes, and Deputy Corporation Counsel Kekai stated basically it is for ninety (90) days extra or until the position is filled or whichever is sooner. Page 4 of 5 Windward Planning Commission December 2,2021 Minutes ADJOURNMENT There being no further business, it was moved by Commissioner Clarkson and seconded by Commissioner Raffipiy that the meeting be adjourned. A voice vote was taken, and the motion carried by unanimous vote of those present. Chairman Replogle adjourned the meeting at 11:23 a.m. Respectfully submitted, Melissa Dacayanan-Salvador, Secretary ATTEST: John R. Replogle, Chairman Windward Planning Commission Page 5 of 5 Windward Planning Commission December 2,2021 Minutes