HomeMy WebLinkAbout2023-12-08 Board of Appeals Rulemaking Agenda County of Hawai‘i
BOARD OF APPEALS
Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawai'i 96720
(808) 961-8288 • Fax (808) 961-8742
Mitchell D. Roth
Mayor
Stacey Aguiar, Chair
Richard Henderson, Vice Chair
Cathy Lewis
Scott Martin
Lisa McNamarra
Scott Trefethen
Daina (Noe) Saiki
NOTICE OF A PUBLIC HEARING FOR RULEMAKING
NOTICE IS HEREBY GIVEN of a public hearing to be held by the Board of Appeals of the
County of Hawaiʻi in accordance with the provisions of Chapter 92-7, Hawaiʻi Revised Statutes,
as amended; Section 6-9.2 of the Charter of the County of Hawaiʻi; and Rule 1-5 of the Board's
Rules of Practice and Procedure for the proposed amendments of Hawaiʻi County Board of
Appeals Rules of Practice and Procedure which is initiated by the Planning Department,
pursuant to Chapter 91, Hawai‘i Revised Statutes (HRS) and the Board of Appeals Rules of
Practice and Procedure Part 5.
DATE: Friday, December 8, 2023
TIME: 9:30 a.m.
PLACE: West Hawaiʻi Civic Center Council Chambers, Building A
74-5044 Ane Keohokālole Highway, Kailua-Kona, HI 96740
Board of Appeals board members and applicants may attend via Zoom or in person. The public
may provide verbal testimony by joining Zoom or via the physical location listed above. See
“Submitting Testimony” below for more information.
The public will be able to view and listen to the live meeting at:
https://www.youtube.com/@cohplanningdepartment/streams
Minutes of the Board of Appeals meeting will be transcribed and posted on the Planning
Department’s website.
STATEMENTS FROM THE PUBLIC ON ITEMS ON THE AGENDA
Pursuant to HRS 92-3 interested persons that want to provide oral testimony may do so either at
the time the board takes public statements on the agenda or at the time the specific agenda item
is called or as otherwise allowed at the sole discretion of the Chair.
OLD BUSINESS
1. BOA-21-000299 – COMPREHENSIVE REVIEW OF BOA RULES OF PRACTICE AND
PROCEDURES AND PROPOSED AMENDMENTS
The Board of Appeals passed a motion to initiate rule amendment proceedings at its hearing on
April 9, 2021, in accordance with Hawaiʻi County Board of Appeals Rules of Practice and
Procedure, Rule 5 Rulemaking Procedures. The proposed amendments include a comprehensive
review and update to provide more consistency and adherence to related statutes and
codes. Further in accordance with Hawaiʻi Revised Statutes 92-2.5, the Board created a
Permitted Interaction Group at its May 12, 2023, hearing to review the rules and make
recommendations to the Board. The Permitted Interaction Group provided a summary report of
its findings at the September 14, 2023, hearing. The Board reviewed and discussed the draft rule
amendments at its October 13, 2023, hearing. The Board will review and deliberate the draft rule
amendments for adoption.
EXECUTIVE SESSION
With reference to the agenda items listed, one or more executive meetings may be anticipated.
The Board may convene an executive meeting pursuant to Chapter 92- 5(a)(4), Hawai‘i Revised
Statutes, as amended, for the purpose of consulting with the Board’s attorney on questions and
issues pertaining to the Board’s powers, duties, privileges, immunities, and liabilities. Pursuant
to Chapter 92-4, Hawai‘i Revised Statutes, as amended, and Rule 1- 5e, Board of Appeals Rules
of Practice and Procedure, an affirmative 2/3 vote of the members present is necessary to hold an
executive meeting.
MINUTES
Approval of the November 17, 2023, Board of Appeals meeting minutes.
ADMINISTRATIVE MATTERS
Status of appeals filed on Board of Appeals decisions - Corporation Counsel
Status of outstanding petitions - Staff
ANNOUNCEMENTS
ADJOURNMENT
SUBMITTING TESTIMONY: To provide verbal testimony via Zoom, please use the link
below to register no later than two days prior to the hearing by 4:30 p.m.
https://www.zoomgov.com/meeting/register/vJItcuCprTwpHUW7-e6ezRHmmdPbEKVeI4s Written
testimony may be submitted via email at boardofappeals@hawaiicounty.gov, by mail, or in person.
Mail or hand-deliver written testimony to Hilo Planning Department at 101 Pauahi Street, Suite 3,
Hilo, Hawaiʻi 96720 up to two business days prior to the hearing by 4:30 p.m.
According to Board of Appeals Rules of Practice and Procedure 1-5 (i) 1-3, any person desiring to
testify shall indicate his or her name and residence address and indicate whether he or she is
testifying on his or his own behalf, or as a representative of the applicant/appellant, or an
organization.
Documents provided to members of this board for this meeting is available for public inspection
online at https://records.hawaiicounty.gov/Weblink/Browse.aspx?dbid=1&startid=109683 or during
regular business hours at the Hilo office of the Planning Department, Aupuni Center, 101 Pauahi
Street, Suite 3, Hilo, Hawaiʻi and at the Kona office of the Planning Department, West Hawaiʻi Civic
Center, 74-5044 Ane Keohokālole Highway, Building E, 2nd Floor, Kailua-Kona, Hawai‘i.
Notice to Lobbyists: If you are a lobbyist, you must register with the Hawai‘i County Clerk within
five days of becoming a lobbyist. {Article 15, Section 2-91.3(b), Hawai‘i County Code} A
lobbyist means "any individual engaged for pay or other consideration who spends more than
five hours in any month or $275 in any six-month period for the purpose of attempting to
influence legislative or administrative action by communicating or urging others to communicate
with public officials." {Article 15, Section 2-91.3(a)(6), Hawai‘i County Code} Registration
forms and expenditure report documents are available at the Office of the County Clerk, Hawai‘i
County Building, 25 Aupuni Street, Room 1402, Hilo, Hawai‘i 96720.
If you need an auxiliary aid/service or other accommodation due to a disability, contact the Planning
Department at (808) 961-8288 as soon as possible, and no later than five (5) working days prior to
the meeting date. Requests made as early as possible have a greater likelihood of being fulfilled.
Upon request, this notice may be made available in alternate/accessible formats.
STACEY AGUIAR, CHAIRPERSON
BOARD OF APPEALS
Hawaii County is an Equal Opportunity Provider and Employer