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HomeMy WebLinkAbout2022-01-06 Windward Exh A (Public Testimony PD Report) WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I TESTIMONY TRANSCRIPT JANUARY 6, 2022 Public testimony regarding the application of PLANNING DIRECTOR'S REPORT was called to order at 9:13 a.m. via live stream online meeting, with Chairman Dean Au presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Dean Au, Joseph Clarkson, Michelle Galimba, Dennis Lin, Thomas Raffipiy, John Replogle ALSO IN ATTENDANCE: Malia Kekai, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Christian Kay (Planner), Alex Roy (Temporarily Assigned Planning Program Manager), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary) PLANNING DIRECTOR'S REPORT Report on Special Management Area(SMA) determination, minor permits and enforcement action issued by the Planning Director between July and December 2021. Secretary's Note: "—" indicates indiscernible speech due to internet/technical difficulties or simultaneous talk. AU: Mr. Roy at this time, do we have any testifiers in the queue. I do see Ms. Claudia Rohr. ROY: Yeah, I believe Claudia Rohr is going to testify. ROHR: I'm here. AU: Okay. ROHR: Good morning. AU: Okay, good morning, Claudia. So, if everybody could turn off their cameras. Excuse me if you could turn on your camera Ms. Rohr, if possible, so I can swear you. ROHR: Do I have to turn on my camera? Hello, do I have to turn on my camera? AU: I believe you do, Alex, does Ms. Claudia Rohr have to turn on her camera? KEKAL Chair, it's not required by law. ROY: Oh, okay, so, I guess no. 1 EXHIBIT A AU: Okay well Ms. Rohr can you raise up your right hand. Do you swear or affirm to tell the truth before the Windward Planning Commission? Okay, I see your hand. Thank you, Ms. Rohr, thank you very much. I do see your hand, so you are sworn in, so please clearly state your name and the town that you live in prior to your testimony. Please limit your testimony to three minutes and try not to be repetitive we'll let you know at two and a half minutes. So, you can go ahead. Thank you, Ms. Rohr. You can start when you're ready. ROHR: Why was I holding up my right hand, I'm hard of hearing, I have to hold my ears close to my iPad. I was holding up my right hand was it because I was swearing to tell the truth? AU: Yes, Ms. Rohr. ROHR: Okay. I swear to tell the truth. My name is Claudia Rohr, I'm testifying today about the SMA report of the Planning Director. Specifically, I would like to point out the long delays in the SMA, SAA for Gault's Gulch and Hui Hooleimaluo. I am next door neighbor to Hui Hooleimaluo and they're currently holding outdoor educational classes on a residential zoned property. They have submitted an application, which I just got access yesterday to the updated application and it says that they're going to be building up to 10,000 square foot of buildings. Estimated value of 1.4 million to service 200 people and this is a residential area across from the beach parks. They're saying that there's 40% water on the property and although they don't use the word aquaculture, they've used the word that their objective is to restore the fishponds and to produce food of which it's problematic because it's actually not an allowed permitted use. So, this is a complicated project and before they invest any more money, I think that the Planning Department has plenty of information to direct them to apply for a Use permit and for an SMA Major permit and let's get on with this so I can do a contested case. Why waste their money, they've chose the wrong zoning for their project. Number two, the Gault's Gulch project. Alex Roy has withheld information for me that I written to obtain access to regarding this SAA. He has wrong information and is misdirecting the applicant's consultant and has directed them to create parking for two cars. This is in contravention of a zoning ordinance that directed that there will be parking, a convenient drive- up access for parking for four(4) cars that's zoning Ordinance 05 50. I was in hearings for a year and a half, this was supposed to settle a dispute about public access, and it was supposed to be a convenient drive-up access. The Planning Department is allowed Gault's Gulch is actually Jere Henderson which is Continental Pacific. They have allowed them to fence off the parking, the drive-up parking that had already been relocated by Bobby Jean Leithead-Todd and was far from the cliff edge. Now they're allowing them through this process of an SAA to try to resolve the violation of fencing off public access which is a misdemeanor I believe. Anyway, it should be a misdemeanor this should be a criminal offense fencing out public access like that for more than two years. Now everybody is so confused about the history, now the only one who knows most of it is Jeff, but he didn't attend all of the County Council hearings where this ordinance was finalized. I keep trying to remind people that the spirit of that ordnance addition of that parking was to resolve a conflict with the community that had gone on for more than a year, and if they hadn't agreed to that it was actually suggested by Maukaloa Farms and Jere Henderson and Hank 2 EXHIBIT A Correa. These are all related entities. Anyway, now the developer wants to move it to his convenience up by the gate where log trucks are supposed to be entering into Hu Honua. A very unsafe condition, it's unbelievable that the Planning Department has not resolve this in over two and a half years. That's what I have to say I'm very disappointed, this report if you look at it, you can see how delayed all these SAA's are and there are people like me who've written in formal complaints about these projects and the solution is not to allow people to apply for SAA and let it go on forever and delay, delay, delay. Something should be happening and the new information system at the County is not working. I've written in to get access to information, it was never told that I need to write in to get electronic versions of that— ROY: It's time, it's well over five (5) minutes now. AU: Okay, thank you Ms. Rohr. ROHR: Thank you. AU: Thank you for your time we really appreciate you being part of this process. ROHR: Thank you. AU: So, thank you very much. The public testimony ended at 9:21 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 3 EXHIBIT A