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Home My WebLink About2013-06-24 South Kohala Community Development Plan Action Committee Minutes South Kohala Community Development Plan Action Committee 1 County of Hawai‘i 2 MINUTES 3 Meeting Date: June 24, 2013 4 Call to Order: 5:05 pm 5 Place: Lilly Yoshimatsu Senior Center (Waimea Senior Center) 6 67-1199 Mamalahoa Highway 7 Waimea, Hawai‘i 96743 8 Roll Call: 9 1Members Present: John Hoover, Fran Tabor, John Mueller, Christopher (Kit) Roehrig, 10 Josephine (Jojo) Tanimoto, Roger Harris, 11 2Absent/Excused: 12 3Planning Department: Deanne Bugado 13 4County of Hawai‘i: Margaret Masunaga, Dave Hirt 14 5 Public in attendance: Mel Malinowski, George Robertson, Joel Cohen, Randy Clarke, 15 Chad Higgins, Francis A. Ruddle. 16 STATEMENTS FROM THE PUBLIC REGARDING ITEMS ON AGENDA 17 George Roberston – Rule Changes proposed for DLNR are very important regarding scuba spear 18 fishing in West Hawai‘i and the County’s Resolution to support the proposed amendments. Also 19 provided support for the designation of the Marine Reserve in the Mauna Lani Resort. 20 Joel Cohen – has submitted application for this committee and is looking forward to working with the 21 committee and community. 22 ADMINISTRATIVE MATTERS 23 Minutes of the Meeting will be reviewed at the next meeting 24 BUSINESS OF COMMITTEE 25 1.Presentation by Mel Malinowski regarding the request of a letter of support by the Mauna 26 Lani Reef Alliance : Mel Malinowski, Randy Clarke and Francis A. Ruddle provided a presentation 27 regarding the designation of the near shore reef area adjoining Mauna Lani Resort as a marine 28 reserve. Issues discussed 29 a.The fish that were available in the past have been severely depleted. 30 b.This would be a “start” to address the issues. 31 c.The no catch zones should be designated for longer periods than just a few months. 32 d.The designation of marine reserves end up creating fisheries that end up providing fish for 33 fishermen. 34 e.There is a need to clarify the area that is proposed to be designated, size, location, scope. 35 f.There is a request to clarify the issues that may have also been affecting the marine life. 36 The Committee expressed concern of the proposed letter as drafted and how it is relevant to the 37 CDP. There was little support for a motion to write a letter of support with the information 38 provided and present draft of how the proposed letter has been drafted. 39 Page 1 of 5 2.SKCDP Implementation. Action Committee will continue ongoing review of SKCDP Goals, 40 Policies and Actions & discuss roles & responsibilities. 41 Update/Discussion of Agenda Items by Planning Director, BJ Leithead Todd or a. 42 authorized representative. 43 No Discussion 44 Update/Discussion of Agenda Items by Council Member, Margaret Wille b. 45 Dave Hirt provided the following comments: 46 i.Resolution to support for the ban on Spear Fishing. 47 ii.Tomorrow Night there is Kona Town Meeting at the Makaeo Park “Old A” at 5:45pm 48 where there will be a presentation regarding the Kona CDP in the light of the decision of 49 the Missler decision. 50 iii.Welcome the new Planning Director 51 iv.Status of CIP projects (who are the advocacy groups who are supporting the projects) 52 v.Status of updating the sign code for the Waimea Community Association. 53 Election of Vice-Chair c. 54 i.After discussion by the Committee Jojo Tanimoto volunteered and was approved 55 unanimously by the AC. 56 Presentation of legal opinion (Corporation Counsel) d. - Corporation Counsel for the Action 57 Committee has been changed and although not officially starting with the Action Committee 58 Assistant Corporation Counsel Margaret Masunaga attended the meeting. 59 i.Response of letter emailed by the previous Action Committee Chair to Corporation Counsel 60 regarding management of the SKCDP and SKCDPAC. 61 1)The Action Committee requested that Margaret work with previous Corporation 62 Counsel Bill Brilhante to allow the committee to have a discussion regarding the 63 Corporation Counsel’s response letter 64 2)After concerns were raise for the need for confidential discussions with the Corporation 65 Counsel a motion made by Fran Tabor to have the committee go into executive session 66 during the next meeting for discussion. John Mueller seconded. Unanimous approval 67 given. 68 ii.Opinion whether the AC should file an amicus brief in the pending appeal with of a court 69 decision regarding a Board of Appeal case with the Kona CDP. 70 1)Kit Roehrig made a motion to requested that Margaret review the court decision and 71 discuss the request committee’s request with the Corporation Counsel (Mr. Ashida) to 72 provide an opinion of the plus’s and minus’ of the decision and to determine if the 73 committee could file an amicus brief. There was no support for this motion. 74 2)The Committee requested that Margaret review the court decision and determine how 75 the decision may impact on the SKCDP and if the committee could file an amicus brief. 76 Discussion of her findings will be held during the next meeting. 77 78 Page 2 of 5 Discussion of a request to the Planning Director to attend 2 separate meetings: e. 79 Kit Roehrig made a motion to have the Planning Director meet with the Chairpersons of all the 80 Action Committees to discuss the overall vision for the CDP’s. John Mueller seconded. 81 Unanimously approved 82 The Action Committee decided to postpone the request to meet with the New Planning Director 83 to meet with the Action Committee to discuss his vision of the CDP, the AC and how the 84 Cultural Resources Commission will work with the CDPs until after he has been confirmed 85 Discussion of a Proposed Motion Regarding Underground Public Utilities. f. 86 The Action Committee discussed a proposed motion by John Mueller and seconded by Jojo 87 Tanimoto. Proposed motion: “The South Kohala Community Development Plan Action 88 Committee requests the Planning Director support a rule change to require underground public 89 utilities in the coastal communities of South Kohala. The SKCDP addresses the undergrounding 90 of public utilities a number of times with regard to scenic view planes. The action committee is 91 also concerned about the unsafe presence of above public utilities, especially electrical lines, 92 which pose a danger to residents in the high wind and flood areas of South Kohala, particularly 93 Kawaihae and Hawaiian Homelands.” With 2 Ayes (Jojo Tanimoto and John Mueller) 2 Nays 94 (Kit Roehrig and Roger Harris) and 2 Abstain (Fran Tabor and John Hoover) the motion did not 95 pass. 96 Discussion of the “Make up” of the Committee: g. 97 Kit Roehrig made a motion to have the Chair draft a letter that recommends that the Planning 98 Department and Mayor’s Office make an affirmative effort to have the application process for 99 new committee members provide a cross section that closely reflects that of the community. 100 Jojo Tanimoto seconded. Motion Passes (Aye – Kit Roehrig, Jojo Tanimoto, Fran Tabor, John 101 Hoover) (Nay – Roger Harris, John Mueller). 102 Capital Improvement Plan (CIP). h. 103 The list of CIP projects should also include the Kawaihae Community Center. (Dave Hirt will 104 provide the actual name of the project) 105 Discussion of Update Issues/Suggestions for the SKCDP/General Plan i. 106 No Discussion. 107 Discussion of Proposed Action Committee Name Change j. 108 Continued for the Next Meeting. 109 3.Sub-Committee Reports. 110 Permit Activity Comments from Action Committee a. – 111 None 112 Waikoloa b. 113 i.Extension of Paniolo is on track. 114 Kawaihae c. 115 i.2 Flash Floods in the last month and the bay and watershed has been affected by the run-off. 116 Page 3 of 5 ii.Small boat harbor had a celebration – because the boat ramp will be built (will have a 117 comfort station) 118 Puako d. 119 i.6/3/13 Meeting - Reef Decline in Puako 120 ii.6/6/13 Meeting re: Resolution regarding proposed rule changes to Title 13: Chap 54, 57, 121 60.4 and 75 122 iii.7/3/13 Presentation by Tommy Remengesau 123 iv.5/22/13 Presentation by Rene Umberger (For the Fishes and Reef Rescue Alliance 124 e.Waimea 125 i.No Report 126 f.District-Wide 127 i.No Report. 128 g.Liaison Reports 129 i.Traffic Safety Committee 130 1)Met last Tuesday 131 2)State provided an update for the Lalamilo Construction 132 3)DHHL will be funding the construction of the transfer road and intersection on 133 Kawaihae Road 134 4)Proposal made to have the committee write letters of support for the construction of the 135 transfer road to the State, Planning Department and the Department of Public Works - 136 however there was not enough support for the letters. 137 ii.Waimea Community Association 138 1)Working on Signage Changes – will work with Dave Hirt to get more information 139 2)Waimea Nui Community Project 140 a.Includes Community Facilities, Recreation & Entertainment, Heath & Wellness and 141 Farming & Ranching. 142 3)Mokulele will be starting flights soon 143 iii.Lalamilo Farm Association 144 1)Trying to connect with the Association 145 iv.Homestead Community Associations. 146 h.Joint Meeting with Puna CDP AC 147 i.Minutes of the last meeting distributed 148 STATEMENTS FROM THE PUBLIC REGARDING ITEMS ON THE AGENDA 149 Joel Cohen – will be able to bring different perspectives to the committees 150 Page 4 of 5 rd George Robertson – July 3 come down to Puako to listen to Bill Walsh and is hosting some of the 151 university students involved in the studying the reef and a wealth of information will be coming from the 152 study and would suggest that the committee invite Bill Walsh to present to the Committee and Chad 153 Higgens 154 ANNOUNCEMENTS: 155 Next Meeting July 22, 2013– Waikoloa Village Association Community Room 156 Possible Agenda Items: Election of Vice Chair, Mauna Lani Community Reef Conservation Committee 157 presentation 158 ADJOURNMENT: 159 Meeting adjourned at 7:35 pm 160 Respectfully submitted, 161 Deanne Bugado, Planner 162 A T T E S T: 163 John Hoover, Chair 164 South Kohala Community Development Plan Action Committee 165 Page 5 of 5