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HomeMy WebLinkAbout2023-06-02 DRAFT Joint Meeting Exh A (Public Testimony) JOINT PUBLIC MEETING AND HEARING LEEWARD AND WINDWARD PLANNING COMMISSION COUNTY OF HAWAI`I TESTIMONY TRANSCRIPT (DRAFT) JUNE 2, 2023 Public testimony regarding proposed amendments to County of Hawaii Planning Commission Rule 8 Shoreline Setback and Rule 9 Special Management Area was called to order at 9:25 a.m. via live stream online meeting, with Chairperson Dennis Lin presiding. Windward Planning Commission members participated via interactive conference technology (ICT) in the Hawaii County, Council Chambers in Hilo, 25 Aupuni Street, Hilo, Hawaii, and Leeward Planning Commission members participated via ICT remotely. WINDWARD COMMISSIONERS PRESENT: Dennis Lin, Louis Daniele III, Lauren Balog, John Cross, Wayne De Luz, and Chantel Perrin. LEEWARD COMMISSIONERS PRESENT: Barbara DeFranco and Mahina Paishon-Duarte. ABSENT AND EXCUSED: Michael Dela Cruz (Leeward Planning Commission), Zaheva Knowles (Leeward Planning Commission), Clement Kanuha III (Leeward Planning Commission), and Michael Vitousek(Leeward Planning Commission). ALSO PRESENT IN THE COUNCIL CHAMBERS: Sinclair Salas-Ferguson, Esq. (Counsel to the Planning Commissions), Jean Campbell, Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director), Maija Jackson (Planning Program Manager), Tracie-Lee Camero (Planner), Clinton Mercado (Planner), Christian Kay (Planner), and Melissa Dacayanan-Salvador (Windward Planning Commission Secretary). ALSO PRESENT VIA ICT REMOTELY: Noriko Sauer (Leeward Planning Commission Secretary) and Janice Hata(Zoom host). Proposed Amendments to Planning Commission Rule 8 and 9 Review and action of proposed amendments to County of Hawai`i's Planning Commission (PC) Rule 8 regarding the Shoreline Setback and PC Rule 9 regarding the Special Management Area (SMA) to conform with Act 16, which amended Chapter 205A, Hawaii Revised Statutes (HRS) regarding the Special Management Area and Shoreline Setbacks. The proposed amendments to PC Rule 8 and 9 seek to add sea level rise to the definition of coastal hazards, adds a definition of beach to enhance beach protection, restricts construction of shoreline hardening structures at sites with beaches, increases the minimum shoreline setback from 20 feet to 40 feet, includes the construction of a single-family residence on a shoreline parcel as "development" and changes SMA application requirements related to historical resources. 1 EXHIBIT A (DRAFT) Secretary's Note: [indecipherable] indicates that there were technical and/or internet difficulties, which made the conversation inaudible. LIN: Okay, starting with any in-person testifiers? I don't see anybody here in the Hilo Chambers. So, if not I'll move to Zoom testifiers. So, Janice can we please start with the first Zoom testifier. HATA: Yes. Good morning Chair, our first testifier is Simmy McMichael. LIN: Okay. HATA: Simmy, if you could unmute and turn your camera on and you have three (3) minutes. MCMICHAEL: Okay, can you hear me? HATA: Yes. MCMICHAEL: Aloha, my name is Simmy McMichael of Kailua-Kona. I find this bill that you're presenting here totally overwhelming. This is so much detail. Back in 2010 I attended the DLNR— State public hearing on all these matters when all these bills were changed. This is too much! I submitted 15 pages of a lot of photos of how Ali`i Drive the sea level has already risen and with this presentation today it is giving the Planning Department and Director the authority when it should be public. This is a whole issue of the shoreline and the historical preservation of it and like Page 52. The Director may waive certified shoreline survey and considerable distance. What is considerable distance? When we get the SMA Minor Permit and Major Permit it clarifies is the minor, but it give the Planning authority to distinguish the Major. The Major is $500,000.00 plus and it conflicts with the structure of 7,500 square feet. But it's a lot of like 77 you waive the public hearing. This is a public issue. It should be Sunshine Law especially of our beaches. Since 1986 West Hawaii Surfing Association, I had been the forefront on our sea walls in our main surfing spot. This is wahi pana. This is our cultural natural resources of surfing. All these structures on the oceanfront are going to go down and to allow the Planning Department and not the County Council to makes these crucial decisions is wrong and the average person doesn't understand, and this is making it complicated for me also. So, I would, please, liked you to do what you are supposed to do and take it to a public workshop so that all of us can understand how this will affect us moving along in the future. When I contested cases, [indecipherable] — HATA: Thirty (30) seconds. MCMICHAEL: —you can see clearly that they wanted to use the 20 feet. You know it's 40 feet now. In my testimony I showed you that the other islands had moved to 60 to 130. Look at the North Shore, that's surfing. What is allowed? You are allowed not to put your sandbags, not to put your sea walls, not to take away our beaches. You're allowed to take your structures and move on. So, I'm saying surfing is our wahi pana. We need to take back our 2 EXHIBIT A (DRAFT) beaches. We need to open space along Ali`i Drive. The pictures say a thousand words. The cesspool at Kahalu`u. In 2007 — HATA: Sorry Simmy,your time is up. MCMICHAEL: Okay, mahalo. LIN: Thank you for your testimony. Commissioners, you have any questions for this testifier? If not, Janice, sorry I missed a step here. I do need to swear in all the Zoom testifiers. So, if possible are the Zoom testifiers able to turn on their cameras. UNKNOWN TESTIFIER: No, I'm not. LOPRINZI: I can't turn on my camera, but this is Clare, but— LIN: Okay, if can't turn on your camera, that's fine. We still have go through the — LOPRINZI: Yeah, yeah, okay. LIN: —Yeah. LOPRINZI: And if you can, sorry, I know there's probably a lot of people that want to testify but, I think you all know that I'm a mid-wife and I need to leave to a birth real soon. So, I'd like to be towards the top, if I could. Thanks. LIN: Okay, thank you. So, Zoom testifiers, I'm just going, I can't see anybody's camera on right now. But do you swear or affirm to tell the truth on this matter now before the Joint Planning Commissions? ZOOM TESTIFIERS: Nodded their heads. LIN: And before you speak, when you testify,please state your name and the area you reside in, and we do want to state that you have 3 minutes for testimony. Thank you. So, Janice if you could move on to the next testifier. HATA: Oh, okay. Clare you can begin your testimony and you have 3 minutes. LOPRINZI: Aloha. [indecipherable]Honokahau Mauka. I'm a [indecipherable], Kona. I would second everything that Simmy said. But I want to read something to you because we're working and this comes from Rechtman in 2000, Rechtman and Camara in 2007 and it concerns the Lots 13 and 19 of[indecipherable]. So, it's really important. I actually had a number of photos that I wanted to send you the before and after, before permits were given out. Nothing was ever permitted. The archaeological study has never been done. It's really shameful that the archaeological well decayed[indecipherable]branch of the ohia 3 EXHIBIT A (DRAFT) cave where there's burials in there is now got a house over it all done illegally. So, it's really needs to get back into the process of what you guys are supposed to do. What every department is supposed to do before someone is able to build. No matter how wealthy they are and how many type and their places this person is doing and building and then his going to sell it for a million and move on or whatever the price is. So, I'll read this paragraph and it comes from that survey. Several special archaeological preservation areas occur within the Kahalu`u Historical District. These sites include but are not limited to heiau's, burial sites, trails and[indecipherable]habitational caves. The district contains no more than 12 heiau's at[indecipherable]heiau's are located nearest to the current study parcel which is 19 and 13. Another site of interest on the south of the project is `Ohi`a Cave. This makai portion of the cave is subject to investigation consisting of a main tube. We have photos of that main tube, it's really, really sad that it's been devasted and the archaeological well. That tube is 1,650 feet, mauka to makai with short branches going north and south and — HATA: 30 seconds remaining. LOPRINZI: — human burial clusters representing a [indecipherable] individuals between where there's thousands buried in there. But `Ohi`a Cave has several [indecipherable] in the compliance of Kahalu`u District. We have to do better. We really need to do better. This is a lineal descendant; I will be helping birth [indecipherable] today and this has a deep effect on us. It is an emotional thing that the Leeward and Windward districts need to understand that relationship between what's [indecipherable] what's sacred— HATA: I'm sorry Clare, your time is up. LOPRINZI: — sacred the land and the humans and especially this baby today. [indecipherable] my house. LIN: Thank you for your testimony. Is there any questions for this testifier? If not, thank you very much and we'll move on to the next Zoom testifier. HATA: Yes, out next testifier is Maki Morinoue. MORINOUE: Aloha, Windward and Leeward Planning Commission. Thank you for this opportunity. My name is Maki Morinoue, from H61ualoa. Today, I'm representing Huli Pac which is an organization with members all around our moku of our Hawaii Island. I concur with what Simmy McMichael and Clare has mentioned particularly around preservation and the allowance to have our Planning Department to have authority over preservation land. It was very difficult to kind of understand. It was a lot of description but not enough detail for me to understand what certain [indecipherable] it was too open ended. So, therefore, it creates a lot of possible loopholes. So, for those reasons I'm asking you today to oppose Agenda 1 for the shoreline setback. Also, I concur with other islands going to 60 to 130 feet setback. But primarily I think it's how we cultivate a cohesive agreement around the island and including 4 EXHIBIT A (DRAFT) being more inclusive to our island's residents and giving authority to County Council and really creating and having a conversation around offshore setback and what that looks like with in conjunction to preservation. So, therefore, I believe this is not ready yet. There's a lot of noted questions and red flags for us. So, we strongly oppose this today. Mahalo for your time. LIN: Thank you for your testimony. Any questions for this testifier. If not, we'll move on to the next one. HATA: Our next testifier is Cory Harden. HARDEN: Good morning, Commissioners. Cory Harden from Hilo. Thank you for your volunteer service. I just want to say I'm very concerned about what I'm hearing from the other testifiers. I hope you take it to heart. First, regarding public notice. I only found out about this meeting because a friend told me. My email notices suddenly stopped coming and no one been able to fix the problem. Then the Board and Commissions webpages did not show this meeting till after I asked that it be included. Now it is. On shoreline setbacks. I hope you're looking at what the other islands are doing. I did not attempt to do a thorough study of all the different island rules. They're incredibly complex. But I did notice that they use erosion-based formulas all the other islands and Oahu and Kauai they have some provision for a 60-foot setback. For archaeological resources I support the most protective measures which seem to be an archaeological inventory report or a no-effect letter from DLNR. You never know where you might find cultural resources just based on my own limited cultural experience. When I was 10 years old which was a long time ago. I was digging in the sand at the beach at Waipi`o and I dug up a skull and my mother looked very shocked, and she said, "we'll just cover it up". Which I did. I have no idea what happened to it and several years later my sister went on an archaeological trip to Kauai and the person in charge told her to go into a burial cave and take some bones out. Which she did and gave it to the person in charge and she doesn't know what happened to them. I've been told there's a burial cave in the impact area of P6hakuloa. No one has ever really checked on it and the Army just keeps bombing; they will not go in to check. As everyone knows there's many significant artifacts probably destroyed before there were any laws passed and still many troublesome things going on to this day. Let's see, on the rebuild rules. It looks like you could do multiple projects costing just under the 50% cost of replacement— HATA: 30 seconds remaining. HARDEN: — rebuilding but you could avoid oversight. Okay. Thank you for your service. LIN: Thank you for your testimony. Are there any questions for this testifier? Seeing none, we'll move onto the next testifier. HATA: Our last testifier is Antu Harvey. 5 EXHIBIT A (DRAFT) HARVEY: Aloha Chair DeFranco and Lin and members of the Leeward and Windward Planning Commissions. My name is Antu Harvey and I live in H61ualoa. I'm testifying on own behalf. I'm also the Executive Director of Pulama is Kona Heritage Council and I've submitted written approved testimony on behalf of the Board of Directors but I'm testifying on my own behalf right now. I oppose the amended changes to the Planning Commission Rules 8 and 9 as read. I concur with the other testimony given this morning. My concerns particularly are on number 8 is that the shoreline setback is just to the new minimum to match Act 16's amendment. But as it's been said before, Maui and Oahu are actually moving back to like 60 or 130 feet and our own County Planning Department planning for sustainability future that's been out for comment. Even says the estimates have been underestimated so, we should actually be moving forward, receding back a greater amount for protection. I'm also concerned about number 9 in particular with the historic archaeological for the SMA procedures. This shouldn't even be on the table. Act 16 didn't make any changes to these HRS rules. So, this should not even be included and if it needs to be addressed it should be addressed separately and go through proper process and the protection should be more effective, more streamlined but not cut corners. It should be actually be more thorough and our other testimony with Pulama we've talked about the use of the CRC and proper due diligence and community involvement and all. That Planning document that's out for reviews speaks very nobbily about better community involvement especially with people that understand the wahi pana. So, I think that's really important in these matters and the County needs to build trust with the community and to be really involved and right now its feeling more like trying to streamline things to make things go faster for development and not good protections for our community. So, thank you very much for this opportunity to testify and for your dedicated service. Aloha. LIN: Thank you for your testimony. Any questions for this testifier? If not, testifiers you may continue watching the Zoom link or on YouTube the live stream. The public testimony ended at 9:43 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 6 EXHIBIT A (DRAFT)