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HomeMy WebLinkAbout2022-11-17 Leeward Exh B (Public Testimony re Item 2 Nakoa) LEEWARD PLANNING COMMISSION COUNTY OF HAWAI`I TESTIMONY TRANSCRIPT NOVEMBER 17, 2022 Public testimony regarding the application of SHAWN MAILE NAKOA, ESQ. (PL-REZ-2022- 000017) was heard at 9:41 a.m. in the West Hawaii Civic Center, Community Center, Building G, 74-5044 Ane Keohokalole Highway, Kailua-Kona, Hawaii, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Barbara DeFranco, Michael Dela Cruz, Clement"CJ" Kanuha III, Zaheva Knowles, and Mahina Paishon-Duarte ALSO PRESENT: Keyra Wong, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Zendo Kern (Planning Director), Christian Kay (Planner, covering for Planning Program Manager), Jessica Andrews (Planner, via Zoom), Maryam Palma (Planner), Janice Hata(Zoom host), and Noriko Sauer (Commission Secretary) APPLICANT: SHAWN MAILE NAKOA, ESQ. (PL-REZ-2022-000017) Application for a Change of Zone from an Agricultural-5 acres (A-5a) to a Family Agricultural-1 acre (FA-1 a) zoning district for 5.29 acres of land. The subject property is located at 77-6632 A Kuakini Highway, approximately 0.25 miles northwest of its intersection with Kamehameha III Road, Pahoehoe I"-Kapalaalaea 2nd (Beach Sec.),North Kona, Hawaii, TMK: (3) 7-7-008:062. VITOUSEK: Is there any more public testimony that would like to be done at this time versus at the time of the agenda item right now? Would you like to sign up on the sheet, she did, okay. Okay, please come forward. FEMALE FROMAUDIENCE CAME TO THE TESTIFIER TABLE VITOUSEK: Welcome. FEMALE TESTIFIER: Aloha. VITOUSEK: Will you please raise your right hand? FEMALE TESTIFIER: I don't do that stuff. VITOUSEK: Oh, we need you to swear or affirm to tell the truth on the matter. FEMALE TESTIFIER: Yeah, I always tell the truth. VITOUSEK: Mahalo. FEMALE TESTIFIER: Yeah. 1 EXHIBIT B VITOUSEK: Please state your name and the town that you live in. FEMALE TESTIFIER: Um' I live Honokohau-iki, right here in — VITOUSEK: We can't hear you so well. FEMALE TESTIFIER: Oh, now you can hear me. Okay. VITOUSEK: Mahalo. LOPRINZL My name is Clare, I'm a cultural practitioner. I've been a traditional mid- wife for over a half a century. This issue is really important to me. I live Honokohau-iki, that's not too far from here. So, I would like to talk about both of these places Kaloko is not too far away from us, kind of strange not to have to see all of you guys. So, I'm talking to all of you. Who are all of you? Are you all just on the Leeward Planning Committee or are you part on the VITOUSEK: We did the introductions earlier. Putting out his left hand to the left, this Leeward Planning Committee members here, me [putting his left hand to the right], these folks and [pointing to the person sitting next to him on the left]Keyra is our legal representative and [pointing the right end of the tables] the Planning Department over on that side. LOPRINZL Legal representative for? VITOUSEK: For the Planning Commission. LOPRINZL Oh, for the Planning Commission. VITOUSEK: Yeah. LOPRINZL Okay, so, both of these issues are really important the one in Kaloko and of course on Ali`i Drive. Um' it's really kind of sad that we're sitting here talking about this again, and again, and again. Um' these are our iwi kupuna, these are your archaeological sites, these have a direct impact on those that are coming and those that have left and those that are still here. Um' it's so shady to me that you even want to go from five (5) acres to one (1) acre to get out the Kahalu`u Historical properties. There're already laws from "—" on a federal level to a state level, on the sovereign level and that you want to try to slip away and see what you can get away with. Lot 19 right now is a perfect example of what we've been trying to protect. Right across the street from, right in Kahalu`u, Kuakini Wall right there and I'm sure you all are familiar with how many hundreds if not thousands of burials are right there. It's a protected area. You want to go from 5 to 1 to why? So, that you can get away with first grubbing and digging up our bones. Archaeological sites, all for what. Money? This is an emotional issue for me. Having helped babies, you know well over a thousand or fifteen hundred(1,500) at this point. Mostly in the Hawaiian community. It is so sad that you think of money over the survival of your people. 2 EXHIBIT B That these are lineal descendants that are coming back, that are here, that are working in these ceremonies that are still there present. That you'd be thinking of selling off more land when you should be saving your land and thinking of your people. That you're going from 5 acres to 1 acre so that you can get out of the SMA and the preservation rules that are already there. So that you can get a permit and a grubbing permit anywhere and then what pay a fine. Well, the fines should be up to $50,000 and prison time and I think that's maybe what the only thing that you guys should be thinking about. I'm just looking at what's happening with all of this, and I have two (2)periods, so I know how much time I have. So, having this time that you can really reflect on what's happening. You cannot go back and get your land. I've been working on burial rights since I was a teenager and I remember learning; I was working with the American Indian Movement on a big case back then. And I'm on my 69 h year and I can remember them saying, until you have your bones back it has a deep effect on all of the generations that are there, and I know that to be true. We still are doing traditional customary practices; we are still doing that. That's what hanau is. That is the only way I work with Hawaii, with Hawaiian families. I've never used a machine, and I've never used drugs. We depend on those iwi, we depend on that earth, we depend on those waters and I'm saying this not to swear, but where is all the skit going, literally. That you are now going to put on these little places these huge high raisers and three (3) bathrooms. Where are the feces going, in the ocean. Where do your ancestors come from? How long have the whales lived out there, the sharks, 450 million years. Fifty (50) million for the koho`la. They are our ancestors whether you believe that or not, we still know it to be true. VITOUSEK: You've got 1 minute to summarize. LOPRINZL No, I don't, I have 2 times. VITOUSEK: You have six (6) minutes total, I've got the timer going, you have 1 minute to summarize. Thank you. LOPRINZL You've got a lot of people speaking here? Are you like so pressed for time that you've got to obey some rule and do that right now. When someone speaking like me, I'm a kupuna. That is shameful. VITOUSEK: Mahalo. LOPRINZL Now, don't mahalo me. VITOUSEK: Thirty (30) seconds to summarize. LOPRINZL No— VITOUSEK: Yes. 3 EXHIBIT B LOPRINZL —I will finish when I finish and that is only respect. VITOUSEK: As respect to the Commission, you have to follow the rules of the Commission that being 3 minutes to testify [indecipherable crosstalk] for an agenda item. LOPRINZL My rules of the native ways here is not yours. So,you can take off that last minute, we'll go to a minute. But shameful again. Shameful. And so, I ask all of you to look at this. Go on deep affects, look at the next ten (10) generations. How will those [music ring tone begin playing] children ever be able to go back to these places. Look at all the caves on Lot 19 when we went in there. VITOUSEK: Mahalo. LOPRINZL Right, there was a cave. The bones and what did they do. Did they even stop the grubbing. [indecipherable crosstalk] VITOUSEK: Mahalo. [indecipherable crosstalk] We're going to have to move forward. LOPRINZL [indecipherable crosstalk] call SHPD. Could we call any of these things. KANUHA: What agenda item is Lot 19? VITOUSEK: I don't know. Um'. LOPRINZL Lot 19 is right on Kahalu`u [indecipherable crosstalk] VITOUSEK: So, we will have to complete the testimony for now and I'll give [indecipherable crosstalk] LOPRINZL Huh? KANUHA: The one Simmy brough up last time, the SMA? VITOUSEK: Hold on, one second guys. [indecipherable crosstalk] LOPRINZL Yeah, yeah VITOUSEK: [indecipherable crosstalk] Order, order,point of order! Point of order! LOPRINZL That's okay [indecipherable crosstalk] VITOUSEK: Point of order [indecipherable crosstalk], point of order. Please stop! LOPRINZL I know it's not on the order. I know that, but [indecipherable crosstalk] VITOUSEK: Please, please, ma'am please stop! [indecipherable crosstalk] 4 EXHIBIT B LOPRINZL Excuse me. VITOUSEK: You have to stop. This is a point of order. [indecipherable crosstalk] LOPRINZL Aren't I talking to a Councilmember [indecipherable crosstalk] are you like— VITOUSEK: I am the Chair of the Commission so; all testimony has to come through me. I'm going to give Commissioner Kanuha the opportunity to ask you questions but it has to go in order. LOPRINZL Wow. VITOUSEK: Mahalo. Commissioner Kanuha questions? KANUHA: I just wanted to know what Lot 19 was,just because I don't see it on our agenda. LOPRINZL Yeah, Lot 19 is still in that same SMA rule. So that same SMA rule applies to Lot 19, or this lot that you're talking about right now going from the 5 acres to the acre. It's all in that Kahalu`u preservation area right. KANUHA: Yeah, yeah. LOPRINZL Same rules, right? KANUHA: Yeah, yeah. LOPRINZL Yes. KANUHA: Everything is in that SMA area, in Kaloko, Kuakini Highway [indecipherable crosstalk] is in the SMA. LOPRINZL Right, exactly, exactly. KANUHA: Sorry, I asked you that question, I didn't know, what you were talking about in regards to Lot 19. LOPRINZL Yeah, yeah. KANUHA: To what's on the agenda today. LOPRINZL Yeah, comparing it to just to put it into perspective, comparing it to what is happening right now like place-based project based right now and what will happen in the same 5 EXHIBIT B areas if we don't do the archaeological and looking for the bones in those places, so, we don't end up in the same situation. KANUHA: Yeah. Okay, is that on our agenda today? VITOUSEK: Lot 19 is not on our agenda. LOPRINZL No, no, we already said Lot 19, but it's all "—"you're not understanding what I'm saying. It's all in the same Kahalu`u — KANUHA: I understand what you're saying. LOPRINZL Okay. KANUHA: I'm a direct lineal descendant of that area as well. LOPRINZL Yeah, yeah and so are— KANUHA: I come straight down the line. LOPRINZL Yeah, yeah, I've heard— KANUHA: So, okay. I know exactly what you're talking about and where. LOPRINZL Yeah, so, you understand the preservation of the bones then. KANUHA: Yes. VITOUSEK: Okay, mahalo. Thank you for your testimony. Is there any other testifiers who'd like to testify now or will they reserve testimony for the time of the agenda items? MALE FROMAUDIENCE CAME TO THE TESTIFIER TABLE VITOUSEK: Aloha. MALE TESTIFIER: Thank you. Aloha. VITOUSEK: Please raise your right hand. Do you swear or affirm to tell the truth on the matter before the Planning Commission? MALE TESTIFIER: Yes. VITOUSEK: Mahalo. Please state your name and the town you live in and proceed with your testimony. 6 EXHIBIT B CLEMENT: Thomas Kuakini Clement, I live up Kalawa. I just want to first say thank you for everybody for being here today. It's been a hard process for my family. We are not arguing to buy land or sell it. We are not developers. My family has been on that land for three hundred and fifty (350)years. We've had houses on there, we've had our family living on there for centuries. This isn't, I'm not asking to go there because it happened it was a good bargain, it was a good opportunity. It was, I'm trying to get my family there. I'm trying to get our kupuna to their land. The very little we have left, we don't have a whole lot, 5 acres and unfortunately, circumstances have put us in this place that we are on now. Circumstances out of our control and so I just ask for the aloha and the help that we can get my mom back there, my tutu. This wasn't a fight I ever thought I'd have to fight in my generation. I'm not, I've got the koko in me but, this is just, it's been very difficult and I'm not arguing we shouldn't do something, I'm not arguing we should do studies on the land, we've done our own. We've done it for centuries. We have a 1987 one,we've always cherished that land and everything on it. So, to hear people think that we don't, it's really hard. It's been desecrated and we've done everything we can to bring it back. To mend relationships between other communities that have been built between those times that our family has been on that land. To reaching out to everybody else in our family to make that they're okay with it. We've have done everything we can on our end. So, we're just asking you guys to see in your hearts to have compassion on my family. VITOUSEK: Mahalo, thank you for your testimony. CLEMENT: Mahalo. VITOUSEK: Aloha Aunty Wattie come forward. GREEN: Do you mind if I sat here and face those people? Just on the side? VITOUSEK: Sure. GREEN: Thank you. VITOUSEK: Sure. GREEN: May I raise my hand. VITOUSEK: Yes ma'am, do you swear or affirm to tell the truth on the matter before the Planning Commission? GREEN: Yes, I do. VITOUSEK: Mahalo. GREEN: Mahalo. Good morning, everyone. 7 EXHIBIT B VITOUSEK: And please use the microphone and state your name and the town that you live in. GREEN: Aloha, my name is Wattie Green, I am Cyrus Green's daughter who is the owner, is it off? KNOWLES: Yes, it's on. It's on. GREEN: Hello, okay. I'm here to talk about 77-6328 A Kuakini, number 2 on your agenda. [Sitting down facing the audience] Okay,just one minute, time me okay. Aloha everyone. I'm not going to use the microphone I want to address all of you. KNOWLES: We have to have you use the microphone. GREEN: Oh. KNOWLES: Sorry — VITOUSEK: Yeah. GREEN: Sorry. VITOUSEK: Yeah, it's for the transcribing for the minutes. GREEN: Okay, what I want to do here is explain to you about the 5.29 acres in a very brief statement. I'm ancestor and so is my cousin behind you and her son Kamaki. FEMALE INAUDIENCE: Aloha. GREEN: For the last three hundred (300) years we've owned that property. We've acquired, we've occupied, and we've lived on there. Currently on that property the 5.29 is a burial site that houses my grandfather, my grandmother, and my uncle. They're buried, the pa ilina is in our front yard. 5.29 acres isn't a lot, after you cut it up. We're all given an acre and a quarter per child. But in the last twenty-five (25) years there's been nothing but haka`ka or problems and unfortunately it has come to this day where we have to address everyone including the Board. But I think the public also needs to know. I am koko. I am from Kapalaalaea 1 and 2 so, is my grandfather and my grandmother, Jeannie Nahale, Charlie Nahale, Joel Nahale. We are all descendants of this land. We are not asking to sell or develop with the grave site that is currently there. We are trying to occupy the land so we can take care of it. Take care of the pa ilina. Take care if the iwi that is on our land. Now, many of you are adjacent or around or surround. If you don't know the story about Kapalaalaea, please come ask us. We're there. We've been there for generation, after generation. But you talking to koko, you not talking to a developer. I am not a contractor. I'm a Hawaiian Native woman but my family that had to go ask someone to come and walk my `aina. To tell me where is the iwi that I'm not aware of. Where is my ancestor buried so, I can take care of that. 8 EXHIBIT B I'm not here to put a bulldozer and bulldoze the land to take it and sell it to some guy for 2, 5, ten (10) million dollars. Uh-uh! Kamaki my son, my nephew he said it right up. Why do we have to challenge you all here. Why? Where are you from? Are you blood koko like me? I am Hawaiian. [Testifier stood up and faced the Commission] So, I just wanted to share with all of you that we are not here to develop or sell this land. This land is in my blood. My father died for it, and so did his siblings. My grandmother Jeannie died for that, and she passed it on to us. So, I hope with this testimony let it continue to move us forward instead of backwards because [testifier emotions surfaced] I'm just about, how more do we have to challenge all of you [indecipherable] people. VITOUSEK: Yup, mahalo. GREEN: I'm done. VITOUSEK: Mahalo Aunty Wattie. GREEN: Thank you Mike. VITOUSEK: Appreciate it. OTHER COMMISISONERS: Thank you. Mahalo. Thank you. Mahalo. VITOUSEK: Um' anymore testimony at this time? Ms? Yep. FEMALE FROMAUDIENCE CAME TO TESTIFIER TABLE VITOUSEK: Aloha. FEMALE TESTIFIER: Hi. VITOUSEK: Um'— FEMALE TESTIFIER: Aloha. [Indecipherable crosstalk]Merry Anne— VITOUSEK: Would you please, please raise your— FEMALE TESTIFIER: Merry Anne Stone. VITOUSEK: Thank you. STONE: I live in White Sands VITOUSEK: Mahalo. Would you please raise your right hand. Do you swear or affirm to tell the truth on the matter before the Planning Commission? 9 EXHIBIT B STONE: I do. VITOUSEK: Mahalo. STONE: The first thing was, I went to that meeting at old days, and we talked about what we needed. I never got a report what you were going to do from learning information on that meeting. One of the things was do the CDP and then start rezoning. If you start rezoning when you do the CDP, you're going to have to re-do it again or work around those things. Now, regarding this land. I have seen the history; I've seen the history of people coming in and buying 5 acres and putting 62 houses on it. Small lots, 7,500 square feet, oh wait a second, you also own half of the roads so it's really only 4,500 square feet. You know, as far as this family that is what we all hope for. What I don't trust is, is that the County, is there anyway to ensure that it would just be these for developments. I am afraid that if this is rezoned at this point, it will take a precedent and then you'll have to deal with all the other people who see it in a different way. And they'll get 1 acre, then they'll get 75 and then they'll build 45 and none of those will affordable. So, I came here misinformed and I was enlightened, and I mean I oppose this because I don't believe that the County can get it together to allow this family to have the property without allowing other developers to come in and run your show. So, um' and my big concern is traffic. I live in White Sands; I mean I've lived there for 30 years. I love Hawaii, I love Ali`i Drive. You know you shoved Ali`i Heights down our throats and the contractor was going to do a lot of wonderful things that he never did. So, when you start to rezone, I think you need to look at the CDP's so that we can see what we are doing. And I still love to have a report from that meeting. I do oppose this; I do see this family's plight. This family's plight should be worked around some way, somehow, they've been on the property. It's a sad thing that, but it's history. You've been screwed, I've been screwed by the development that's come into White Sands and that's the only thing that I saw when I was coming here. I had no information of your family. Anyway, that's all I have to say. Thank you for— VITOUSEK: Mahalo. STONE: Thank you. VITOUSEK: Mahalo. Okay, the last registered testifier I have is Mr. Van Pernis. Would you like to do it now, or at the time of the agenda item? VAN PERNIS IN THE A UDIENCE: At the time. VITOUSEK: Mahalo. Okay, with that we can request a motion to end public testimony. [Indecipherable crosstalk] Oh, Zoom. Is there anybody on Zoom? HATA: Yes, good morning, Chair Vitousek. There are 4 registered testifiers currently on Zoom. Would you like to swear them all in at once? VITOUSEK: Oh, I didn't catch the last part. 10 EXHIBIT B HATA: Would you like to swear all— VITOUSEK: Okay. HATA: — all of the testifiers at this time? VITOUSEK: Yes, please. HATA: Okay. VITOUSEK: And is all of the testifiers going to be testifying now or will they be testifying during the agenda item? HATA: I believe we have some people who want to testify now, everyone has registered for Item 2. VITOUSEK: Okay and if we could pull everybody up on the Zoom, is that possible? HATA: Yes. If everyone on Zoom could unmute and turn on their cameras that will be appreciated. Thank you. VITOUSEK: Okay, is that everybody? Are you guys all wanting to testify now or during the agenda item? FEMALE TESTIFIER: Now. MALE TESTIFER: Now. VITOUSEK: Now? FEMALE TESTIFIER: I'll wait for the agenda item, this is Janet. VITOUSEK: Okay. FEMALE TESTIFIER: I'll wait for agenda item, Simmy. VITOUSEK: Okay, that's two. So, those of you who are going to testify now,please raise your right hand. Do you swear or affirm to tell the truth on the matter before the Planning Commission? ZOOM TESTIFIERS: Yes. VITOUSEK: Okay. I don't have a list of who's there, so, if you could. HATA: Yes, I have the list. 11 EXHIBIT B VITOUSEK: Okay, would take us to the list and will you be keeping time, or do you want me to keep time? HATA: I will. VITOUSEK: Okay. HATA: I will. VITOUSEK: Mahalo. HATA: Thank you. VITOUSEK: Please take us through. HATA: Our first testifier is Diane Piela. Um' Diane, you have 3 minutes to provide your testimony and I'll let you know when you have 30 seconds left and when your time is up. You may begin now. PIELA: Thank you. Aloha everyone. I am Diane Piela, I am a resident of Kona, and I would be considered as a na wahine to all these other wonderful Native Americans that are here today. But I want you to know that from the na wahine's I oppose this subdivision and dividing acreage from 5 acres to 1 acre. I purchased my home which I worked for many years to move here, I've lived here 5 years now and this is the home of my dream. I've chosen it back to open land. I respect all the Hawaiian people and I'm just very happy that I can even live here and purchase land and a home. But by any means do not think that I am in acceptance of this subdivision of land. Yes, I agree with the archaeological sites, burial sites, they are behind my home and I'm on Hookaana Street and this is going to be a continual battle because they are not going anywhere. These are, as the native people had said this is their land. These are the bones. These are where all their ancestors are. So, one should not be considered because of that, and two even though it hasn't been acknowledged pueo live in this area. I see pueo all the time. A study has not been performed on endangered species in this area and I really think it has to be performed. But they're there. They're still there unless we destroy their habitat and then they won't be there. Also, I have some complaints of the subdivision the way it's handled. There will be sewer hook-ups and I think from what I read they've applied for septic, which, that's not even a reality to do for future homes. Also, about the signage and the notifications of all this. It was very, very poor. I think an applicant who doesn't follow the rules should not be continued to even go on. If they can't follow the rules now, how are they going to follow the rules later. HATA: 30 seconds Ms. Piela. 12 EXHIBIT B PIELA: So, to sum it up I am in opposition of the division of this subdivision. Even though I am a newcomer to the island, I respect Hawaii, and I respect its residents. Thank you for allowing me to speak today. Aloha. VITOUSEK: Mahalo. HATA: The next testifier is Nevin Brown testifying on Item 42. VITOUSEK: Mahalo, please proceed. BROWN: "—" kakou, Nevin— VITOUSEK: Aloha. BROWN: —Kuualoha"—" Brown "—" and I oppose the bill of the rezoning of 5 acres lots to 1 acre lot. I'm a lineal descendant of Kahalu`u and I got that land. Our family has land down there from "—" and the desecration of our lands, our bones, our waters have been going on long enough. And we don't need anymore real estate being built when we can barely afford being here on our land. That's just going to inflate the prices of homes that we still can't afford and surely everyone wants to celebrate living in Hawaii buying their first home, celebrating the holidays. But when it comes to our kupuna's kupuna's. These construction workers and everyone else has no problem removing our bones. But fortunately, that's why we are all here, that's why I'm here today is to stand with the iwi, the land, the kanaka maoli, the kupuna that was once here because if they could they would tell you guys that enough is enough already. We don't need anymore colonialism in our islands. We want you guys gone already. The building of these projects are just promoting out of state buyers to live here when they don't even know what Hawaii means to the people that live here and we're raised here. The kanaka maoli that are still suffering here, and these impacts every day. Thank you. VITOUSEK: Mahalo. Is there any further public testimony at this time? HATA: No, I believe everyone else wants to testify at the time of the agenda item. VITOUSEK: Okay, we'll take following testimony at the time of the agenda items. The hearing ended at 10:08 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 13 EXHIBIT B