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HomeMy WebLinkAbout2023-01-13 BOARD OF APPEALS Minutes BOARD OF APPEALS COUNTY OF HAWAII MINUTES January 13, 2023 The County of Hawaii Board of Appeals met in regular session via the Zoom online platform at 9:30 a.m with Chair Stacey Aguiar presiding. A quorum was established with four members in attendance. MEMBERS PRESENT: Stacey Aguiar(Chair), Mattson Davis,Daina"Noe" Saiki, and David Wiseman. MEMBERS ABSENT AND RECUSED: Richard Cunningham,Richard "Ritchie"Henderson. ALSO IN ATTENDANCE: Dakota"Cody"Frenz, Esq. (Deputy Corporation Counsel); Sherilyn Tavares, Esq. (Deputy Corporation Counsel for the board);April Surprenant(Staff to the board);Kim Tanaka(Board Secretary); and Heather Bartlett(Interactive conference technology support) There were no members of the public in attendance. Chair Aguiar called the meeting to order and reviewed online meeting protocols and procedures. Introductions of board members in attendance were made, and Chair provided the names of members who were recused. Staff introductions were also made. STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA At 9:33 a.m., Chair Aguiar called for statements from the public.No members of the public provided testimony. OLD BUSINESS 1. CLAUDIA ROHR(PL-BOA-2022-000025) Findings of Fact, Conclusions of Law, and Decision and Order to Deny Appeal of Decisions by the Planning Director Dated June 6, 2022, Special Management Area Use Permit Assessment Application(PL-SAA-2022-000057)and Special Management Area Minor Permit(PL-SMM-2022- 000022); and Director's Decision dated June 17, 2022, Closure of Complaint ZCV-2021-000037E. Location: 2212 Kalanianaole Avenue,Hilo, HI 96720 TMK(S): (3)2-1-018:006, 007, &010 PARTIES PRESENT: Claudia Rohr(Appellant),Kamala Anthony(Representative for Landowner), Suzanna Tiapula, Esq. (Counsel to the Planning Department), Zendo Kern (Planning Director) [SEE HEARING TRANSCRIPT EXHIBIT A] At 9:33 a.m., Chair Aguiar called this agenda item to order. A motion was made by Board Member Saiki to find the Board of Appeals lacks jurisdiction to grant appellant relief as requested on several points in her filed petition and amended petition. Specifically,points number two (2), three (3), and four (4). It was noted that at the hearing on December 9, 2022, appellant indicated on record that she did not wish to seek criminal charges as indicated in point number four (4). The motion was seconded by Board Member Wiseman. After a brief discussion,the motion was amended to include the second amended petition to grant relief to the appellant. A roll call vote was taken, and the motion passed unanimously with four aye votes (Saiki,Wiseman, Davis, Aguiar). Board Member Wiseman made a motion to reconsider his motion made at the December 9, 2022, hearing that the board draft its own findings of fact, conclusions of law, and instead adopt the findings of fact and conclusions of law from the proposed orders previously submitted by both parties. Mr. Davis seconded the motion. A roll call vote was taken, and the motion passed with four aye votes (Wiseman, Davis, Saiki, Aguiar). Board Member Wiseman motioned to adopt the following findings of facts from the Planning Director's proposed document: number 1, number 5, number 7, and number 12. And from the appellant's proposed document, findings of fact number 2 striking out everything after the word "occurring,"number 5 striking out everything after "PL-SAA-2022-000057," number 7, number 9, number 10, number 11, number 12, number 13, number 17 amended to read "Appellant requested that the hearing be continued to bring back her main witness, Kamala Anthony. The board voted 3 to 1 to deny her request as appellant had sufficient time to illicit the necessary testimony from the witness, and that the appellant failed to state a sufficient offer of proof to necessitate the need for further continuance for additional testimony from Ms. Kamala Anthony," and numbers 18, 19, and 20. Board Member Davis seconded the motion. The motion passed unanimously with four aye votes (Wiseman, Davis, Saiki, Aguiar). Board Member Wiseman motioned to adopt the proposed conclusions of law as submitted by the appellant. Board Member Saiki seconded the motion. The motion passed unanimously with four aye votes(Wiseman, Saiki, Davis, Aguiar). Board Member Wiseman motioned to adopt the order as proposed by the appellant but strike out everything after PL-BOA-2022-000025, specifically "is hereby dismissed." The motion was seconded by Board Member Davis. The motion passed unanimously with four aye votes (Wiseman, Davis, Saiki, Aguiar). At 10:11 a.m.,a motion to enter into executive session was made by Board Member Wiseman and seconded by Board Member Davis. An all-in-favor vote was taken, and the motion passed unanimously. (Wiseman, Saiki,Davis, Aguiar). The board returned from executive session at 10:34 a.m. This item concluded at 10:37 a.m. MINUTES A motion was made by Board Member Wiseman to approve the hearing minutes and executive session minutes of December 9, 2022. The motion was seconded by Board Member Saiki. A roll call vote was taken, and the motion passed with four aye votes (Wiseman, Saiki, Davis, Aguiar). ADMINISTRATIVE MATTERS Elections of Officers of 2023 This matter was tabled until February to allow for recused members to participate in the nomination and voting process. Status of appeals filed on Board of Appeals decisions—Corporation Counsel Ms. Frenz reported one appeal for Ian Meyers was newly filed with the Circuit Court and is pending. BOARD OF APPEALS Minutes of January 13,2023 2 Status of outstanding petitions—Staff No report provided. ANNOUNCEMENTS Board Member Wiseman thanked the board for the opportunity and thanked the board's staff for their professionalism and support. Board Member Saiki thanked Board Member Wiseman for his direction and guidance. Chair Aguiar concurred with Ms. Saiki and expressed appreciation for his support, professionalism and guidance. Chair Aguiar expressed appreciation for Corporation Counsel Cody Frenz for her guidance, hard work, and availability to assist with questions and concerns. Ms. Frenz expressed thanks and appreciation to the board as well as to the board's staff. The next meeting will be held on February 10, 2023. ADJOURNMENT It was moved by Mr. Davis and seconded by Mr. Wiseman to adjourn the meeting. An all-in-favor voice vote carried the motion unanimously. The meeting adjourned at 10:48 a.m. Respectfully Submitted, Kim Tanaka, Board Secretary ATTEST : Stacey Aguiar, Chair Board of Appeals BOARD OF APPEALS Minutes of January 13,2023 3