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Home My WebLink About2024-03-06 PL-SMA-2023-000046 Tom Mizikari Opposition Testimony From: Tom M To: W PCtesti mono Subject: Written Testimony Regarding Black Sand Beach,LLC SMA Request Date: Wednesday,March 6,2024 6:20:35 AM Attachments: Punaluu Beach Development Testimonv.pdf Dear Windward Planning Committee, Please include the attached written testimony in your meeting scheduled for tomorrow, March 7, 2023. Contact me with questions or if you experience any difficulty with the attached PDF File. Thank you for the opportunity to express our voice. Sincerely, Tom Mizikar Respectfully Submitted To the Windward Planning Board, County of Hawaii, March 6, 2024 PL-SMA-2023-000046; Applicant: BLACK SAND BEACH, LLC We are Thomas and Christen Mizikar, owners of one of the condominiums at Sea Mountain Colony One near Punalu'u Beach. As we have followed the back and forth discussion on the issue of new development being planned on a portion of the acreage surrounding Sea Mountain Colony One condos, a few thoughts have come to mind that have made us feel we can contribute something productive to the discussion and your deliberations. In the daily national discourse regarding issues facing the United States, our aging infrastructure is frequently discussed. Regardless of how we arrived at this point, and for reasons not worth revisiting as they are in the past, the things that make America work and keep us safe—roads, bridges,power grid, water supply, sanitation an more—have been allowed to decay as "leadership" (in both the private sector and public sector) has kicked their responsibility down the road. We are not sure the county is fully aware of the current conditions at the Punalu'u Water Company facilities and urge directors and regulators to make an observation visit immediately. As you will learn from our testimony, and others, the infrastructure situation in our area is worrisome. You may have seen coverage of the Fern Hollow Bridge in Pittsburgh, PA(near our mainland home) which was allowed to decay to the point of collapse - while carrying traffic during the morning commute! It's sadly easy to ignore hidden problems. But, once such problems are known the responsibility and obligation to act meets a different standard. So, we arrive here today...where we are. As the planning commission contemplates approval or disapproval of the Black Sand Beach, LLC proposal, we wanted to provide testimony relating to both the current state of the public water utility and the opportunity the County has at hand to compel repairs and improvements to this system. Our small community has sent up a red flag—the water and sewer infrastructure we rely upon is old and in possibly dangerously neglected condition. The time to act to correct this is yesterday. Since we can't unring that bell, the second best time to act is today. There are known issues, but we don't think the County has an adequate understanding of the current situation at the Punalu'u Water Company. To continue to ignore these problems, or impede the correction of them, is wrong. At this critical point our hope is to contribute common sense to the conversation. Developer-funded repairs to publicly regulated infrastructure—infrastructure acknowledged to be deficient by all parties surrounding this conversation—should be a"slam dunk"for the County of Hawaii. We ask the county government use it's regulatory and oversight power to compel necessary improvements to the Punalu'u Water Company system. In the absence of other viable options for funding these repairs, it seems prudent for the planning board to approve the SMA request-with caveats. Politicians at every level have ignored aging infrastructure long enough. Public budgets are stretched thin and can't provide the financing and construction of a project like this. In this particular case,you (or the state)have oversight on this regulated public utility that's essential for life. The County of Hawaii, consequently, is fortunate that it can compel improvements—resulting in correction of existing problems and an improvement for both homeowners on the system and the general public (local people and visitors who use and enjoy Punalu'u Beach Park)to this utility without impact to the county budget. A win. Our suggestion is that the SMA request is approved with specific steps required. Only after the satisfactory completion and inspection of a prior step will the next step's permission be granted. The first step should be an inspection of and the development of a concrete timeline and financing for the remediation of the water system serving the greater Punalu'u Beach area. In the comments and impassioned discussion (both in person and online) surrounding this plan and pending approval, many have spoken of"investments" in the properties at Sea Mountain. We have never viewed our condo as an "investment". An investment is dispassionate. An investment is something to be evaluated and exchanged without emotion. An investment is mechanical. Our home in Hawaii is a place that we love. We are fully aware of the privilege of making Ka'u part of our lives. Our involvement here is full of emotion and we want only the best to occur. Around 50 years ago, the area surrounding Punalu'u was brutally modified with careless disregard for the natural and cultural legacy of the area. Fortunately for every stakeholder, our 2024 sensibilities and land use regulations are different than the recent, reckless past. Even the most slipshod developer will be subject to "trust but verify" standards of following current rules. Whether they want to, or not, what cultural and natural legacy remains after the initial disruption decades ago by C. Brewer Co will be mandated to be preserved. And, most importantly, our water and sewage will be mandated to be repaired and improved to meet 21'century standards. Even development opposition groups are in alignment on this important issue: the water and sewage situation is a significant problem. According to KHNL/HNN TV's coverage here's Guy Enriques' statement on the infrastructure (bold my emphasis): "We are the next Maui to happen because eight or maybe more of'the fire hydrants have been dead in[sic] since he bought it and she's promised to do something. It's been three years. And even after the Maui fire, not as if nothing happened. " The Center for Biological Diversity agrees. They quote a local activist in their March 4 Press Release: Nohea Ka`awa, a local community member said: "Our Ka`u community is expressing concerns about the lack of a disaster mitigation plan. Emergencies like fire,floods, tsunamis, earthquakes, and volcanic eruption have not been considered. There's no burial treatment plan in place to protect our ancestors. The sewage system is leaking into our ocean as we speak,_yet the developer wants us to believe that there will be no impacts. " Is the current proposal the best one?Maybe. Who knows. Is the current developer trustworthy? Maybe. Who knows. Is this the only option? It appears to be so. A bright light has been shone upon the neglect imposed upon the public utility systems serving this part of Hawaii County. It's negligence we can't go back in time and undo. No wishes of happy desired other outcomes will change the fact that now the extent of the need is now known. Unless there's a better plan on the table, which we hope would be revealed to the public right away - along with a concrete funding source and timeline -this proposal is the best option we have. We strive to separate our feelings on the area changing through new development from the fact that, in the absence of any other viable alternative, approving the SMA request appears to be the only way to get the water and sewer repairs we need. There is universal agreement that America's infrastructure problem is real and growing worse every day. Why wait for a disaster to happen, or for some future plan that may never come, to get this done? Sincerely, Thomas Mizikar Christen Mizikar Unit 20