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Home My WebLink About2024-08-14 Kaʻū CDP Final Minutes KAʻŪ COMMUNITY DEVELOPMENT PLAN 1 ACTION COMMITTEE 2 COUNTY OF HAWAIʻI 3 FINAL MINUTES 4 August 14, 2024 5 CALL TO ORDER 6 Chair Masters called the Kaʻū Community Development Plan (CDP) Action Committee (AC) 7 meeting to order at 5:03 p.m. A quorum was established with seven members in attendance. This 8 meeting was held in person at the Naʻalehu Community Center and online via the Zoom platform. 9 The full YouTube video of this meeting can be found here: 10 https://www.youtube.com/watch?v=3bokLcIX0H0 11 ROLL CALL 12 Members Present (in person): Jason Masters (Chair), Pernell Hanoa (Vice Chair), Leinaʻala Enos, 13 Kaʻohinani Mokuhaliʻi, Jesse Ke, and Catherine Williams. 14 Members Present (via Zoom): Babette Morrow 15 Members Absent: Kaweni Ibarra 16 From the County (in person): Maryam Palma and Kawelo Kalili (Planning Department Staff); Jean 17 Campbell (Deputy Corporation Counsel for the Committee) 18 There were approximately 20 members of the public in attendance (15 in person and 5 via Zoom). 19 APPROVAL OF MINUTES 20 Vice Chair Hanoa motioned to approve the minutes from the July 11, 2024 meeting. Committee 21 member Mokuhaliʻi seconded the motion. The motion passed unanimously. 22 BUSINESS 23 1. Letter to the Windward Planning Commission regarding the Black Sands Beach, LLC 24 SMA application (PL-SMA-2023-000046) – Discussion and decision-making on submitting 25 the letter to the Windward Planning Commission. 26 This item was called to order at 5:08 p.m. [SEE YOUTUBE TIMESTAMP 5:14] 27 Public testimony by Land Use Planning Consultant Daryn Arai on behalf of Black Sands Beach 28 LLC in response to the committee’s letter to the Windward Planning Commission regarding the 29 Black Sand Beach, LLC Special Management Area (SMA) application (PL-SMA-2023-000046). 30 [SEE YOUTUBE TIMESTAMP 5:40] 31 Public testimony by Savory Yarrow in opposition of the Black Sands Beach, LLC SMA 32 application (PL-SMA-2023-000046). [SEE YOUTUBE TIMESTAMP 12:05] 33 Public testimony by Candace Kaʻawa in support of the Black Sands Beach, LLC SMA application 34 (PL-SMA-2023-000046). [SEE YOUTUBE TIMESTAMP 15:35] 35 KAʻŪ CDP ACTION COMMITTEE Minutes of August 14, 2024 2 Chair Masters provided a brief recap on the purpose of discussing Communication No. 2024-04 36 Letter to the Windward Planning Commission regarding the Black Sands Beach, LLC SMA 37 application (PL-SMA-2023-000046). [SEE YOUTUBE TIMESTAMP 21:00] 38 Committee member Morrow made a motion to approve Communication No. 2024-04 Letter to the 39 Windward Planning Commission regarding the Black Sands Beach, LLC SMA application (PL-40 SMA-2023-000046) as is. The motion was seconded by committee member Enos. 41 The Action Committee discussed whether to amend Communication No. 2024-04 to consider Land 42 Use Planning Consultant Daryn Arai’s written and verbal testimony. [SEE YOUTUBE 43 TIMESTAMP 23:37] 44 Daryn Arai provides a perspective on the Action Committee considering his rebuttal in their 45 testimony to the Windward Planning Commission. [SEE YOUTUBE TIMESTAMP 45:30] 46 The Action Committee continued discussing individual perspectives and determining the best 47 course of action for submitting the written testimony on behalf of the committee. [SEE YOUTUBE 48 TIMESTAMP 47:50] 49 Deputy Corporation Counsel Jean Campbell explained that the Planning Commission will consider 50 the AC’s testimony alongside other submissions before making a decision on whether to approve 51 or deny the SMA application. If the applicant anticipates that the Planning Commission might 52 deny their application based on testimony received, they may request a pause in the decision-53 making process to reconsider and adjust their proposal. [SEE YOUTUBE TIMESTAMP 58:23] 54 The committee took a roll call vote regarding the motion to approve Communication No. 2024-04 55 testimony regarding Black Sands Beach LLC application (PL-SMA-2023-000046) as is. 56 Committee member Hanoa voted nay. Committee member Mokuhaliʻi voted aye. Committee 57 member Enos voted aye. Committee member Williams voted nay. Committee member Ke voted 58 nay. Committee member Morrow voted aye. Chairman Masters voted aye. The motion did not pass 59 with 4 ayes and 3 nays. [SEE YOUTUBE TIMESTAMP 1:02] 60 Chairman Masters motioned for the committee to consider Mr. Arai’s response to the AC’s drafted 61 letter for further discussion and decision-making at the September 19th AC meeting. Committee 62 member Hanoa seconded the motion. [SEE YOUTUBE TIMESTAMP 1:05] 63 The committee reviewed communication protocols to ensure compliance with the Sunshine Law. 64 Corporation Counsel Jean Campbell provided guidance on permissible actions, noting that while 65 committee members may engage in individual discussions with those outside the committee, they 66 must avoid serial communication. She advised each member to independently review Mr. Arai’s 67 response letter and speak directly with him before the next meeting. Members can then bring their 68 findings and concerns to the September 19th meeting for discussion and resolution. [SEE 69 YOUTUBE TIMESTAMP 1:06] 70 The committee took a roll call vote regarding the motion to consider Mr. Arai’s response to 71 Communication No. 2024-04 and to discuss concerns at the September 19th AC meeting. Vice 72 Chair Hanoa seconded the motion. The motion passed unanimously. [SEE YOUTUBE 73 TIMESTAMP 1:14] 74 This item closed at 6:18 p.m. 75 76 KAʻŪ CDP ACTION COMMITTEE Minutes of August 14, 2024 3 2. Egress and Ingress at Green Sands Subdivision Regarding Ka’ CDP policy 118, Section 77 5.7.2 – Discussion and decision-making on prioritizing Policy 118 regarding hazard mitigation 78 and evacuation routes. 79 This item was called to order at 6:18 p.m. 80 Committee member Morrow asked about the process for forming a Permitted Interaction Group 81 (PIG). Corporation Counsel Jean Campbell explained the PIG process. [SEE YOUTUBE 82 TIMESTAMP 1:16] 83 Committee member Williams moved to create a PIG to investigate Business Item #2. Chairman 84 Masters seconded the motion. The committee will include Chairman Masters, Vice Chair Hanoa, 85 Committee Member Williams and Committee Member Morrow. The goal is to meet with the Fire 86 Chiefs to address the evacuation and mitigation routes for Green Sands subdivision. The 87 committee took a roll call vote. The motion passed unanimously. [SEE YOUTUBE TIMESTAMP 88 1:18] 89 This item concluded at 6:25 p.m. 90 3. Pāhala Water Bottling Facility – Discussion and potential decision making on findings 91 regarding the Pāhala Water Bottling Facility. 92 This item was called to order at 6:25 p.m. 93 Committee member Morrow moved to discuss potential decision making for the Pāhala Water 94 Bottling Facility. The motion was seconded by Chairman Masters. 95 Chairman Masters suggested that the AC invite the property owner, the Department of Health 96 (DOH) and the Department of Land and Natural Resources (DLNR)to give an update on the 97 current status of the proposed development. 98 Public testimony by Gwen Sorensen regarding concerns of the committee’s actions on this 99 business item. [SEE YOUTUBE TIMESTAMP 1:31] 100 Planning staff Maryam Palma explained that the property is zoned for industrial use and does not 101 require a special permit, as it is already authorized for that purpose. She also recommended that 102 the committee reach out to the DOH and DLNR regarding water rights. 103 Committee member Morrow withdrew the initial motion, along with Chairman Masters’ second. 104 Committee member Enos moved to have Vice Chair Hanoa and committee member Williams 105 conduct fact finding regarding the Pahala Water Bottling Facility. This includes reaching out to 106 the DOH, DLNR, and the applicant to inquire about the status of the proposed development, as 107 well as taking other relevant actions related to the project. The motion was seconded by committee 108 member Mokuhali’i. The motion passed unanimously. 109 This item concluded at 6:49 p.m. 110 4. Ka Lae Coastline Access & Resources – Review and amend draft letter regarding protecting 111 cultural sites and natural resources in the greater Ka Lae area, particularly Mahana Bay. 112 This item was called to order at 6:49 p.m. 113 KAʻŪ CDP ACTION COMMITTEE Minutes of August 14, 2024 4 Public testimony from Paul Makuakane suggesting that the AC contact the planners at the 114 Department of Hawaiian Home Lands (DHHL) for more information on the natural resources in 115 Ka Lae. [SEE YOUTUBE TIMESTAMP 1:46] 116 Public testimony from Dean Kaniho regarding issues with land management by DHHL in Ka Lae. 117 [SEE YOUTUBE TIMESTAMP 1:51] 118 Committee member Morrow addressed the public’s concerns and shared that the committee put 119 together a letter to DHHL to develop vehicular roadways to manage access to Mahana Bay and 120 offered other recommendations. Communication No. 2024-05 will advise the Planning Director to 121 take actions on the proposed projects. 122 Public testimony from Tissy Kaniho on illegal activity happening in Ka Lae affecting Kaʻū youth 123 and the community. [SEE YOUTUBE TIMESTAMP 1:51] 124 Committee member Enos made a motion to forward Communication No. 2025-05, which 125 addresses concerns from the Kaʻū community about the protection of cultural sites and natural 126 resources in the greater Ka Lae area, particularly around Mahana Bay, to the Planning Director 127 with copies sent to all relevant agencies and departments. The motion was seconded by committee 128 member Williams. The motion passed unanimously. 129 This item concluded at 7:08 p.m. 130 5. Discussion of Action Committee Meeting Cadence – Discussion and decision-making 131 regarding the scheduling, logistics, and format of future meetings. 132 This item was called to order at 7:09 p.m. 133 The AC discussed meeting scheduling and logistics. All members agreed to meet every other 134 month rather than quarterly, given the volume of material that needs to be discussed by the 135 committee. Committee member Enos requested that the next meeting in September be at Naʻalehu 136 Community Center to accommodate for Ocean View residents. The committee agreed to start the 137 new cadence in October. They will plan to meet on Wednesdays in September, October and 138 December of this year. [SEE YOUTUBE TIMESTAMP 2:07] 139 This item concluded at 7:19 p.m. 140 AGENDA FOR NEXT MEETING: 141 Public testimony by Gary Davis on the operating hours of local transfer stations, noting that every 142 district except Kaʻū has one open seven days a week. He urged that at least one Kaʻū transfer 143 station should operate daily to help reduce illegal dumping in the area. [SEE YOUTUBE 144 TIMESTAMP 2:16] 145 Public testimony by Wilmet Lorenzo regarding water accessibility on South Point Road, stating 146 that there have been no infrastructure updates in the past 30 years to improve residents’ access to 147 water. Lorenzo expressed concern about the ongoing lack of progress in this area. [SEE YOUTUBE 148 TIMESTAMP 2:20] 149 Committee member Enos motioned for Vice Chair Hanoa and Committee member Ke to conduct 150 fact finding for water accessibility for residents in South Point. The motion passed unanimously. 151 ADJOURNMENT: 152 KAʻŪ CDP ACTION COMMITTEE Minutes of August 14, 2024 5 Chairman Masters adjourned this meeting at 7:33 p.m. 153 These minutes and all related documents are available in the Planning Department’s Kaʻū 154 Community Development Plan Action Committee folder via the County of Hawaiʻi Public 155 Documents Repository. These documents may also be requested from the Planning Department 156 by calling (808) 961-8288 or emailing cdp@hawaiicounty.gov. 157