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HomeMy WebLinkAbout2025-01-28 Ka'ū CDP Meeting PacketCounty of Hawai‘i KAʻŪ COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaiʻi 96720 (808) 961-8288 • Fax (808) 961-8742 C. Kimo Alameda, Ph.D.Mayor Jesse Ke Kaʻohinani Mokuhaliʻi Vacant Babette Morrow Jason Masters, Chair Pernell Hanoa, Vice-Chair Catherine Williams Kaweni Ibarra Vacant NOTICE OF PUBLIC MEETING NOTICE IS HEREBY GIVEN of the following matters to be considered by the Kaʻū Action Committee in accordance with the provisions of Section 92-7, Hawaiʻi Revised Statutes (HRS). This meeting will be held in-person at the location listed in this notice and by Interactive Conference Technology (ICT) through Zoom. DATE: TIME: Tuesday, January 28, 2025 5:00 P.M. IN PERSON LOCATION: Nāʻālehu Community Center 95-5635 Hawaiʻi Belt RoadNāʻālehu, HI 96772ONLINE/ZOOM: https://www.zoomgov.com/meeting/register/vJItdu6grTIoGtgIllElCHkkPMAwViVR9-c NOTICE REGARDING PUBLIC TESTIMONY: The public may provide oral testimony at the meeting by joining Zoom or attending in-person at the physical location listed above. Although not required, to register in advance for oral testimony please contact staff at cdp@hawaiicounty.gov or (808) 961-8288. Pursuant to §92-3, HRS, interested persons who want to provide oral testimony may do so either at the time the committee takes public statements on the agenda, or at the time the specific agenda item is called. Please note that public testimony may be limited to three (3) minutes in length per agenda item. In addition, although not required, to ensure timely delivery of written testimony to committee members, it is requested that written testimony be submitted by 4:30 p.m. at least two business days prior to the meeting via email to cdp@hawaiicounty.gov or in person at the Hilo or Kona Planning Department. When submitting written testimony, please specify for which agenda item written testimony is being submitted. All written testimony will be a part of the public record. NOTICE REGARDING INTERACTIVE CONFERENCE TECHNOLOGY (ICT): A meeting held by ICT shall be automatically recessed for up to 30 minutes to restore communication when audiovisual communication cannot be maintained with all members participating in the meeting or with the in-person location identified in this notice. The meeting may reconvene when either audiovisual communication is restored, or audio-only communication is established after an unsuccessful attempt to restore audiovisual communication. If it is not possible to reconvene the meeting as provided in this subsection within 30 minutes after an interruption to communication, the meeting will be automatically terminated. AGENDA I. CALL TO ORDER & ROLL CALL II. APPROVAL OF THE MINUTES: The Committee will consider approving the draft minutes from December 11, 2024. III. PUBLIC TESTIMONY ON AGENDA ITEMS: Pursuant to §92-3, HRS, interested persons who want to provide oral testimony may do so now, or at the time the specific agenda item is called. Public testimony may be limited to three (3) minutes in length per agenda item. IV. BUSINESS: 1. Election of Chair and Vice-Chair – Discussion and potential action to elect a Chair and Vice-Chair for the Kaʻū CDP Action Committee for 2025. 2. Waiʻōhinu Transfer Station – Discussion and action on previously submitted letter to Department of Environmental Management to open the transfer station to 7 days a week. 3. Ka Lae Coastline Access & Resources – Discussion and action on previously submitted letter regarding protecting cultural sites and natural resources in the greater Ka Lae area, particularly Mahana Bay. 4. Testimony at State Legislature Relating to Sunshine Law & Community Outreach Boards – Presentation by Nancy Pisicchio regarding drafted bills HB 686 and SB 869 that could provide Sunshine Law flexibility for CDP Action Committees. Followed by discussion and decision-making to provide testimony to the Legislature. 5. Department of Water Supply Inquiry – Discussion and decision making on designating a committee member to work with a representative from Department of Water Supply on community water concerns. V. NEW BUSINESS: Action Committee members will discuss potential agenda items for the next meeting, including revisiting topics from meetings that did not have a quorum. VI. ANNOUNCEMENTS: • The Planning Department is currently seeking applicants for the Kaʻū CDP Action Committee and the Cultural Resources Commission and is requesting assistance to get the word out to interested community members. The application can be found on the Mayor’s office website at: https://www.hawaiicounty.gov/our-county/boards- commissions-application VII. ADJOURNMENT This agenda and all related documents are available in the Planning Department’s Kaʻū Community Development Plan Action Committee folder via the County of Hawaiʻi Public Documents Repository: https://records.hawaiicounty.gov/WebLink/Browse.aspx?dbid=1&startid=88959. These documents may also be requested from the Planning Department by calling (808) 961-8288 or emailing cdp@hawaiicounty.gov. The recorded video of this meeting will be uploaded to the Planning Department’s YouTube channel: https://www.youtube.com/@cohplanningdepartment NOTICE: The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above items. A person desiring to submit oral or written testimony shall indicate their name and whether the testimony is on their behalf or as a representative of an organization or individual. Written testimony can be submitted via email or hard copy. Hard copies should include an original and nine copies and be submitted no later than 4:30 p.m. two business days prior to the meeting. Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting please contact the Planning Department at (808) 961-8288 or cdp@hawaiicounty.gov as soon as possible, but no later than five business days prior to the meeting date, to arrange for accommodations. If a response is received after the five-business days deadline, we will try to obtain the auxiliary aid/service or accommodation, but we cannot guarantee that the request will be fulfilled. “Other reasonable modification” refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Upon request, this notice is available in alternate formats such as large print, Braille, or electronic copy. 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-Council, 25 Aupuni Street, Hilo, Hawai‘i 96720. KAʻŪ CDP ACTION COMMITTEE KAʻŪ COMMUNITY DEVELOPMENT PLAN 1 ACTION COMMITTEE 2 COUNTY OF HAWAIʻI 3 DRAFT MINUTES 4 December 11, 2024 5 CALL TO ORDER 6 Chair Masters called the Kaʻū Community Development Plan (CDP) Action Committee (AC) 7 meeting to order at 5:16 p.m. A quorum was established with five members in attendance. This 8 meeting was held in person at the Kaʻū District Gym Multi-Purpose Room and online via the Zoom 9 platform. 10 The full YouTube video of this meeting can be found here: 11 https://www.youtube.com/watch?v=joXq74TTuHw 12 ROLL CALL 13 Members Present (in person): Jason Masters (Chair), Kaʻohinani Mokuhaliʻi, Babette Morrow 14 Members Present (via Zoom): Leinaʻala Enos and Catherine Williams 15 Members Absent: Pernell Hanoa, Jesse Ke, and Kaweni Ibarra 16 From the County (in person): Maryam Palma, Janice Hata, and Kawelo Kalili 17 There were approximately thirty members of the public in attendance (1) in person and (30) via 18 Zoom. 19 APPROVAL OF MINUTES [SEE YOUTUBE TIMESTAMP 3:00] 20 Committee member Mokuhaliʻi motioned to minutes as drafted from the November 20, 2024, 21 seconded by committee member Morrow. The motion passed unanimously. 22 PUBLIC COMMENT ON AGENDA ITEMS: 23 Mary Gershon provided testimony in person. [SEE YOUTUBE TIMESTAMP 8:21] 24 Lanakila Willard provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 11:10] 25 Name unknown provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 15:12] 26 Name unknown provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 19:40] 27 Poʻokela provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 24:58] 28 Hiwahiwa Kaheaku provided testimony via [SEE YOUTUBE TIMESTAMP 30:28] 29 Nohea Kaʻawa provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 15:12] 30 Name unknown provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 34:50] 31 James Akau provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 43:52] 32 Wade Budgie provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 44:25] 33 Megan Mulley provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 45:45] 34 KAʻŪ CDP ACTION COMMITTEE Minutes of December 11, 2024 2 Ellen LaPenna provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 46:38] 35 Donna Pabre provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 49:51] 36 John Cross provided testimony via Zoom [SEE YOUTUBE TIMESTAMP 52:08] 37 BUSINESS 38 1. Letter to Agencies Regarding Nāʻālehu Hill Subdivision – Phase 1 (PL-SUB-2024-000279) – 39 Discussion and potential action on providing comment to relevant agencies regarding the pending 40 consolidation and re-subdivision application (TMK: (3) 9-5-008:001). [SEE YOUTUBE 41 TIMESTAMP 54:26] 42 This item was called to order at 6:10 p.m. 43 Committee member Mokuhaliʻi moved to discuss the policies of the Kaʻū CDP regarding the 44 request for subdivision and whether to provide comment. Committee member Morrow seconded 45 the motion. 46 Committee member Morrow presented Communication No. 2024-16, a memorandum regarding 47 the Nāʻālehu Hill Subdivision. The memo analyzed the policies and objectives of the Kaʻū CDP 48 and emphasized the advisory role of the Action Committee. Member Morrow clarified that 49 subdivision and consolidation decisions are administrative actions approved by the Planning 50 Director without public hearings, requiring input from specific departments. The memo 51 highlighted key policies from the CDP, emphasizing the preservation of agricultural lands, open 52 spaces, and viewscapes while promoting sustainable and compact development in designated 53 areas. Concerns were raised about preexisting lots smaller than the A-20 zoning minimum and the 54 need for applicants to demonstrate economic viability of smaller parcels. Member Morrow 55 recommended further reviews by relevant agencies, the preservation of archaeological and 56 historical sites, and adherence to CDP policies to support sustainable land use and maintain 57 agricultural integrity. The AC noted that the memo was a draft and subject to revisions based on 58 committee discussions. 59 The AC discussed Communication No. 2024-18, a memorandum from Acting Planning Director 60 Jeffrey Darrow providing information on the proposed subdivision. 61 The committee discussed recommendations for subdividing agricultural lands, stressing the need 62 to adhere to CDP policies and applicable county codes. They emphasized preserving agricultural 63 integrity by maintaining a minimum lot size and suggested requiring parcels to be at least five 64 acres to align with farm subdivision standards. The discussion also acknowledged challenges such 65 as staff shortages and the absence of key personnel, which limited opportunities for direct dialogue. 66 The AC underscored the importance for public engagement with planning officials to address 67 community concerns. They expressed general support for committee member Morrow’s memo, 68 recommending minor amendments such as including code references to strengthen the justification 69 for the proposed lot size requirements and ensuring alignment with the objectives of sustainable 70 land use and agricultural preservation. 71 The committee discussed community concerns related to land titles, water management, and 72 infrastructure, emphasizing the need to address questions about the legitimacy of land ownership 73 and the historical consolidation of parcels. They underscored the challenges posed by deteriorating 74 roads and drainage systems, advocating for adherence to soil and water conservation guidelines to 75 KAʻŪ CDP ACTION COMMITTEE Minutes of December 11, 2024 3 mitigate flooding and protect natural water flow. During the meeting, the AC reviewed and 76 approved revisions to a memo for the Planning Department, incorporating a statement on 77 community concerns about land titles, relevant economic code sections, and recommendations for 78 improved infrastructure management. To ensure transparency. they agreed to attach meeting 79 minutes and a YouTube link to the submission. Final revisions will be completed and circulated 80 for review before the memo is submitted. 81 After finalizing the wording and incorporating the agreed-upon additions, the AC voted to approve 82 and forward the drafted letter to the Planning Director. The motion passed unanimously. 83 PROPOSED BUSINESS FOR NEXT MEETING [SEE YOUTUBE TIMESTAMP 1:57:00] 84 There were no proposed business items for the next meeting. 85 ANNOUNCEMENTS [SEE YOUTUBE TIMESTAMP 2:00:00] 86 • The Planning Department is currently seeking applicants for the Kaʻū CDP Action 87 Committee and is requesting assistance to get the word out to interested community 88 members. The application can be found on the Mayor’s office website at: 89 https://www.hawaiicounty.gov/our-county/boards-and-commissions/boards-and-90 commissions-application 91 • Chair Masters read Communication No. 2024-17, the tentative meeting schedule for 92 2025. 93 ADJOURNMENT 94 Chair Masters adjourned this meeting at 7:18 p.m. 95 These minutes and all related documents are available in the Planning Department’s Kaʻū 96 Community Development Plan Action Committee folder via the County of Hawaiʻi Public 97 Documents Repository. These documents may also be requested from the Planning Department 98 by calling (808) 961-8288 or emailing cdp@hawaiicounty.gov. 99 Communication No. 2025-01 Neighborhood Boards, Community Action Committees, and the Sunshine Law HB 686 Relating to Community Outreach Boards https://legiscan.com/HI/bill/HB686/2025 The House sponsors are: Representative Jeanne Kapela [D] Primary, Representative Kirstin Kahaloa [D] Primary, Representative Amy Perruso [D] SB 869 Relating to Community Outreach Boards https://legiscan.com/HI/bill/SB869/2025 The Senate sponsors are: Senator Dru Kanuha [D] Primary, Senator Stanley Chang [D] Primary, Senator Angus McKelvey [D] Primary, Senator Mike Gabbard [D] Cosponsor, Senator Les Ihara [D] Cosponsor BACKGROUND Neighborhood boards and community action committees serve their communities by providing access to information and increasing and encouraging effective citizen participation in local government. Members strive to build partnerships with community members and governmental and community-based organizations to implement policies and actions that have been identified within the neighborhood or community plans. What is the Sunshine Law? The Sunshine Law is Hawaii’s open meetings law. The law is codified in Part I of Chapter 92, Hawaii Revised Statutes (HRS). What is the general policy and intent of the Sunshine Law? The intent of the Sunshine Law is to open up governmental processes to public scrutiny and participation by requiring State and county boards to conduct their business as openly as possible. The Legislature expressly declared in the statute that “it is the policy of this State that the formation and conduct of public policy — the discussions, deliberations, decisions, and actions of governmental agencies — shall be conducted as openly as possible.” But, in 2008, before the adoption of the County of Hawaii’s Community Development Plans or the creation of the Island’s CDP Action Committees, the State Legislature added a new section to the State Sunshine Law. Part VII, chapter 92.81-83, HRS, is titled “Neighborhood Board”. Although this 2008 amendment to chapter 92, HRS applies to all Counties in the State of Hawai’i, the actual term “neighborhood boards” does not have a definition by State law and the language inadvertently refers only to the program in the City and County of Honolulu. This has resulted in obstacles for similar advisory community outreach boards and committees in other Counties including the Community Development Plan Action Committees in the County of Hawai’i. The purpose of this legislation “Relating to Community Outreach Boards (2025)”, is to adopt minor amendments to “Neighborhood Boards and 92.81-83 HRS” to make it applicable for similar advisory community outreach boards and committees in other Counties in the State of Hawaiʻi. https://law.justia.com/codes/hawaii/title-8/chapter-92/ Communication No. 2025-02 92.81-83 HRS PART VII. NEIGHBORHOOD BOARD ▪ 92-81 Neighborhood board; notice and agenda; public input; quorum. ▪ 92-82 Permitted interactions of neighborhood board members. ▪ 92-83 Neighborhood board meeting; unanticipated events; public interest. Below is a summary of Chapter 92, PART VII. Neighborhood Board section of the Sunshine Law from State Office of Information Practices. Neighborhood Boards and 92.81-83 HRS May a board hear testimony or presentations without a quorum? (neighborhood boards only) Section 92-81, HRS, requires a quorum for the board to conduct official board business; to engage in discussions prior to and related to voting; and to vote to validate official acts of the board. No quorum is required for the board to receive information or testimony, as long as board members report at the next meeting on the matters presented as information or testimony. Moreover, when the neighborhood board receives testimony or information without a quorum, it cannot make a decision at that time, but must instead place the item on the agenda to report on it at the next meeting. Section 92- 15, HRS, states that a majority of the members to which a board is entitled shall constitute a quorum to do business if the board’s quorum requirement is not otherwise specified by law or ordinance. May a board hear public input on matters not listed on the agenda? (neighborhood boards only) Neighborhood boards are allowed by section 92-81, HRS, to receive “public input” on matters not specifically listed on the agenda. To take advantage of this provision, the neighborhood board must list on its agenda a time period for public input on matters other than agenda items. No decision can be made at that meeting on a matter not listed on the agenda but raised during public input. Deliberation and decision-making on such matters can occur only at later meeting of the neighborhood board, and only if the matter is listed on that meeting’s agenda. Can a neighborhood board discuss an item not on its agenda when raised by a member of the public? (for neighborhood boards only) Yes, but it cannot make a decision on the item. Under section 92-81, HRS, a neighborhood board may include on its agenda an opportunity for “public input” on matters not specifically identified on the agenda. To provide the opportunity for public input on matters not on the agenda, the neighborhood board must specify a time period on its agenda for public input. The neighborhood board can discuss a matter raised during public input, but it cannot make a decision at that same meeting on any matter not listed on the agenda but raised during public input, and must instead wait to act a later meeting whose agenda specifically includes that matter. Other Meetings (neighborhood boards only). Under section 92-82, HRS, as amended in 2015, any number of neighborhood board members may attend meetings or presentations located on Oahu on matters relating to official board business, so long as the meeting is open to the public, does not charge a fee or require registration, and is not specifically and exclusively organized for or directed toward the board members. While neighborhood board members may ask questions relating to official board business of persons other than their fellow members, no member can make a commitment to vote on any of the issues discussed.