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HomeMy WebLinkAbout2025-09-09 KCDP Minutes Final KONA COMMUNITY DEVELOPMENT PLAN 1 ACTION COMMITTEE 2 COUNTY OF HAWAIʻI 3 FINAL MINUTES 4 September 9, 2025 5 Call to Order 6 Chair Charles Young called the meeting of the Kona Community Development Plan (CDP) Action 7 Committee (AC) to order at 12:02 p.m. This meeting was held in person at the West Hawaiʻi Civic 8 Center, B2 Conference Room and online via the Zoom platform. 9 The full YouTube video of this meeting can be found here: 10 https://youtu.be/iJUz71KHleA?si=9VHYLQa2dkYMHMy0 11 Roll Call 12 Members Present (in person): Nancy Pisicchio (Vice Chair), John Pelletier, Raymond (RJ) Kirchner, 13 and Charla Thompson 14 Members Present (via Zoom): Charles Young (Chair) and David Huerta (left meeting at 12:22 p.m.) 15 Members Absent: Roselyn Molina and Heather Korotie 16 Planning Department Staff Present (in person): Jessica Lahip and Janice Hata 17 Planning Department Staff Present (via Zoom): Maryam Palma (arrived at 12:14 p.m. and left meeting 18 at 1:43 p.m.) 19 Other County Officials: Jean Campbell, Deputy Corporation Counsel 20 There were approximately 3 members of the public in attendance (1 in person and 2 via Zoom). 21 Note: Approval of the draft minutes from the July 8, 2025 and September 9, 2025 meetings will be 22 considered at the next scheduled meeting on October 14, 2025 (subject to quorum). 23 Brief Discussion on Meeting Minutes [SEE YOUTUBE TIMESTAMP 4:21] 24 The Committee noted that quorum was not met at the previous meeting; therefore, it did not constitute 25 an official meeting and minutes are not required. Legal counsel clarified that under the revised Hawaiʻi 26 Revised Statutes (HRS), Chapter 92, when quorum is not met, any reports received or public testimony 27 heard should be summarized and shared at the next meeting with quorum. While the Committee may 28 choose to prepare minutes, it is not required. 29 Committee members were invited to share reports or testimony from the prior meeting where quorum 30 was not met. [SEE YOUTUBE TIMESTAMP 6:13] 31 Public Testimony on Agenda Items [SEE YOUTUBE TIMESTAMP 10:17] 32 No public testimony at this time. 33 Business 34 1. Keauhou Aquifer System Area Groundwater Adaptive Management Plan – Update from Action 35 Committee Chair Charles Young, followed by a discussion on potential Committee actions. 36 KONA CDP ACTION COMMITTEE Minutes of September 9, 2025 2 This item was called to order at 12:15 p.m. [SEE YOUTUBE TIMESTAMP 24:52] 37 Chair Young shared recent updates and ongoing work related to the Keauhou Aquifer System 38 Adaptive Management Plan (AMP). The Commission on Water Resource Management (CWRM) 39 has established several expert committees to support the development of the AMP. The areas of 40 expertise include hydrology, wastewater and pollution, Hawaiian perspectives, and ecological 41 indicators. The hydrology committee is examining the structure and function of the aquifer to better 42 understand potential impacts of groundwater withdrawal. The wastewater/pollution committee is 43 evaluating the relationship between groundwater quality and shoreline water quality. The indicators 44 committee is exploring species-based metrics, including ʻōpaeʻula as an indicator of aquifer health. 45 Lastly, the committee focusing on Hawaiian perspectives will be important for integrating Native 46 Hawaiian knowledge and rights into the AMP process. The AMP is expected to deliver 47 recommendations to CWRM by November 2025. 48 Committee Member Pisicchio summarized key points from the August CWRM meeting, noting 49 extensive discussion on sustainable yield and the need to align the AMP with the County Water Use 50 and Development Plan. It was noted that CWRM Commissioners expressed concern that the 51 County Department of Water Supply has not been sufficiently involved in the AMP process. CWRM 52 staff are committed to improving coordination between the County and the State. Commissioners 53 also discussed whether the Keauhou Aquifer System should be designated as a Water Management 54 Area. While no decision was made, several commissioners supported reexamining this designation 55 concurrently with the AMP process. This topic is expected to be on CWRM’s September 2025 56 agenda for further discussion. [SEE YOUTUBE TIMESTAMP 28:45] 57 Committee Member Pelletier provided an update on County Council Resolution 137-25, introduced 58 by Council Member Holeka Inaba, which requested that the Department of Water Supply develop 59 an online system to display countywide water availability. The Department presented its new Water 60 Availability Map, accessible via the County’s website, which shows water commitments, active 61 developer agreements, and general water availability by area. [SEE YOUTUBE TIMESTAMP 36:04] 62 Chuck Flaherty provided testimony expressing concerns regarding the AMP process. He questioned 63 whether water quality and benthic survey reports required under SMA permits would be reviewed 64 and emphasized the importance of integrating cultural impact assessments and traditional 65 ecological knowledge into the plan. Mr. Flaherty also noted that water recycling should be 66 addressed, citing the administrative order of consent between the County and the U.S. 67 Environmental Protection Agency (EPA) related to wastewater management at Kealakehe. He 68 further expressed strong support for submitting a new petition to designate the Keauhou Aquifer as 69 a Water Management Area. [SEE YOUTUBE TIMESTAMP 38:32] 70 Committee members acknowledged the testimony and encouraged public participation directly at 71 CWRM meetings, where decisions and technical discussions on the AMP and aquifer designation 72 take place. 73 Janice Palma-Glennie provided testimony expressing appreciation for the discussion on water 74 resource management and emphasizing the importance of community outreach on the issue. [SEE 75 YOUTUBE TIMESTAMP 48:05] 76 KONA CDP ACTION COMMITTEE Minutes of September 9, 2025 3 Josephine Keliʻipio provided testimony raising concerns about water usage associated with electric 77 vehicle (EV) fires, noting that large volumes of water are required to contain such incidents. [SEE 78 YOUTUBE TIMESTAMP 49:41] 79 Committee Member Pisicchio mentioned that during the August CWRM meeting, it was noted that 80 R-1 water recycling would not be included in the first-generation AMP. 81 This item was closed at 12:55 p.m. 82 2. Tree City USA – Update on Tree City, followed by a discussion on potential Committee actions. 83 This item was called to order at 12:55 p.m. [SEE YOUTUBE TIMESTAMP 53:16] 84 Committee Member Thompson provided an update on efforts to obtain a Tree City designation. She 85 noted that achieving this designation requires reinstatement of the Arborist Advisory Committee 86 (AAC) by the Mayor, which is mandated under County Code, Section 14, Article 10. A functioning 87 AAC is needed to meet one of the Tree City standards. Committee Member Thompson and Planning 88 Department staff met with Council Chair Inaba and Council Member Rebecca Villegas to raise 89 awareness of the Tree City Requirements and to encourage support for budget allocations 90 dedicated to tree care, fulfilling another standard. Planning Staff Maryam Palma shared highlights 91 from her discussion with Leʻa from Kaulunani, which is the State’s Urban and Community Forestry 92 Program. The application is due at the end of 2025 and there are four standards that must be met 93 to obtain the Tree City designation: 94 1. Arborist Advisory Committee – must be active with meetings. 95 2. Mayor’s Arbor Day Proclamation – can be substituted with a County Council certificate if 96 necessary. 97 3. Dedicated tree care expenditures – minimum $2 per capita annually, which is being verified 98 through the Parks budget. 99 4. Arbor Day observance – tree planting ceremony or similar event, coordinated with the 100 County’s Office of Sustainability, Climate, Equity, and Resilience (OSCER). 101 Maryam reported that all Tree City standards are in progress except for the Arborist Advisory 102 Committee (AAC), which requires action by the Mayor. The Committee discussed a draft letter to 103 the Mayor requesting reinstatement of the AAC. Legal considerations under the Sunshine Law were 104 noted, as approval of the letter was not on the agenda. The draft letter was shared on-screen, and 105 members discussed a brief recess to review the document. 106 The Committee agreed to seek guidance from Deputy Corporation Counsel regarding the vote. 107 Committee Member Pelletier moved to approve the draft letter pending legal approval, and 108 Committee Member Pisicchio seconded. The motion carried unanimously. 109 This item was closed at 1:17 p.m. 110 Public Testimony on Matters Not on the Agenda [SEE YOUTUBE TIMESTAMP 1:14:27] 111 Chuck Flaherty provided testimony regarding the proposed five-lot development on Puʻu Ohau. He 112 outlined the history of the site, noting that in 1999 the Hawaiʻi Island Burial Council designated it as a 113 Royal Mausoleum, and a 2003 settlement agreement required its relocation to the State Conservation 114 District. Mr. Flaherty requested that this item be added to a future agenda for discussion of the County’s 115 KONA CDP ACTION COMMITTEE Minutes of September 9, 2025 4 obligations, given its cultural significance and associated constitutional rights. [SEE YOUTUBE 116 TIMESTAMP 1:14:58] 117 Third-Party Reports; Government Officials [SEE YOUTUBE TIMESTAMP 1:18:35] 118 None. 119 New Business [SEE YOUTUBE TIMESTAMP 1:19:11] 120 Committee Member Kirchner referenced the Hawaiʻi County Code, Section 16-3, which requires a 121 comprehensive review of the community development plans within 10 years of adoption. He moved that 122 the Kona CDP Action Committee immediately begin a comprehensive review of the CDP to identify 123 necessary amendments, and recommended the following proposed scope of review: 124 1. A committee should be established to begin the process of a comprehensive 5-, 10- and 15-125 year study of infrastructure needs, in consultation with the Department of Water Supply, the 126 Department of Environmental Management and County Highways on how to generate plans 127 to accommodate the predictable population increases to come. It should also include 128 recommendations to the County Council to fund these studies. 129 2. The committee should invite heads of the Department of Water Supply, Environmental 130 Management and Highways to present their views to our committee. 131 3. A committee should be formed to make recommendations on where the current Community 132 Development Plan has failed and how to amend it to make it more useful. This committee 133 should specifically consider where Concurrency has become unworkable and what 134 alternatives there are to these portions of the plan. 135 4. A committee should be formed to make recommendations on how to generate more long-136 term market rental projects in our community. There is a lack of RM zoned land that can 137 reasonably be developed. Incentives should be created to encourage this type of 138 development. 139 5. The result should be a comprehensive, revised Community Development Plan. 140 Committee Member Kirchner stated that one of the Committee’s responsibilities is to undertake a 141 comprehensive review of the Community Development Plan. He expressed concern that limited housing 142 supply is driving young and working residents further away from the community, underscoring the need 143 to address housing affordability. 144 Committee Member Kirchner moved to include his proposed business item on the next meeting agenda. 145 Committee Member Pisicchio seconded the motion, and it was approved unanimously. [SEE YOUTUBE 146 TIMESTAMP 1:25:59] 147 A question was raised regarding whether the 2008 Kona CDP is invalid due to not being updated within 148 the 10-year period specified in Chapter 16. Deputy Corporation Counsel Campbell clarified that while 149 Chapter 16 states the CDP “shall” be updated every 10 years, there is no legal consequence for not 150 doing so. The plan remains valid and in effect until formally updated, similar to the General Plan. 151 Committee Member Kirchner asked whether there are consequences to not meeting the “shall” 152 requirement. Deputy Corporation Counsel explained that the update requirement is a directive rather 153 than an enforceable mandate, as the law does not specify penalties or invalidation. 154 Janice Palma-Glennie stated that the distinction between “shall” and “should” is a valid and important 155 question that has surfaced repeatedly in the context of the CDPs. She expressed concern over remarks 156 suggesting that the existing CDP could be considered null or invalid, emphasizing that such an 157 KONA CDP ACTION COMMITTEE Minutes of September 9, 2025 5 implication disregards the significant public investment, time, and effort that went into creating the plan. 158 Before the CDP, she noted, there was no guiding plan for the community, and thousands of residents 159 participated over many years to ensure its development. Ms. Palma-Glennie underscored the continued 160 relevance of the CDP’s principles, including concurrency, which she described as both valid and 161 achievable with administrative will and adequate resources. She encouraged newer committee 162 members to review the plan’s history and recognize the challenges faced by previous administrations 163 that, at times, hindered the Action Committee’s progress. [SEE YOUTUBE TIMESTAMP 1:29:32] 164 Chair Young acknowledged that the question regarding the use of “shall” in reference to updating the 165 CDP had been clarified and that the plan remains valid under current law. He suggested that while the 166 legal issue was settled, other points raised during discussion warranted further consideration. Chair 167 Young expressed that the topic was complex and would benefit from additional time for review and 168 reflection before any decisions were made. 169 He noted concerns about the financial and logistical feasibility of undertaking a new CDP update, given 170 the extensive public involvement required in the previous process. Chair Young recommended placing 171 the item on the next meeting agenda for continued discussion and determining what, if any, action the 172 Committee may take. [SEE YOUTUBE TIMESTAMP 1:32:43] 173 Committee Member Pelletier reported on two potential topics for future discussion, depending on 174 County Council action. He noted that Council’s Finance Committee recently introduced a bill to allocate 175 $31 million in the Capital Improvements Program (CIP) budget for upgrades to Kealakehe Wastewater 176 Treatment Plant. The project would help address compliance issues and make R-1 water available. A 177 feasibility study for offsite water delivery is also being conducted. 178 Committee Member Pelletier also recommended adding Bill 63 – which would allow housing within 179 Industrial-Commercial Mixed (MCX) zoned districts (Industrial-Commercial Mixed) – to the next meeting 180 agenda for discussion. [SEE YOUTUBE TIMESTAMP 1:37:23] 181 Committee members agreed to move their next meeting to Tuesday, October 14, 2025. 182 Announcements [SEE YOUTUBE TIMESTAMP 1:45:55] 183 • The Planning Department is seeking applicants for the Kona CDP Action Committee and 184 requests assistance to get the word out to interested community members. The application can 185 be found on the Mayor’s office website at: https://www.hawaiicounty.gov/our-county/boards-and-186 commissions/boards-and-commissions-application 187 • Committee Member Pelletier announced that the Kona Airport is undergoing a master plan 188 update. A public community meeting will be held at the West Hawaiʻi Civic Center on Thursday, 189 September 25, at 6:00 p.m. The airport staff emphasized that the updated plan aims to be 190 consistent with the Kona CDP. 191 Adjournment [SEE YOUTUBE TIMESTAMP 1:49:29] 192 Chair Young adjourned this meeting at 1:52 p.m. 193 These minutes and all related documents are available in the Planning Department’s Kona Community 194 Development Plan Action Committee folder via the County of Hawaiʻi Public Documents Repository. 195 These documents may also be requested from the Planning Department by calling (808) 961-8288 or 196 emailing CDP@hawaiicounty.gov. 197