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Home My WebLink About2017-11-27 South Kohala Community DevelopmentPlan Action Committee Minutes - DRAFTCounty of Hawai‘i PLANNING DEPARTMENT SOUTH KOHALA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE Aupuni Center  101 Pauahi Street, Suite 3  Hilo, Hawai‘i 96720 Phone (808) 961-8288  Fax (808) 961-8742 Hawai‘i County is an Equal Opportunity Provider and Employer Page 1 Michael Yee Director Daryn Arai Deputy Director Harry Kim Mayor Monday, November 27, 2017 DRAFT Meeting Minutes CALL TO ORDER Chair Mueller called the South Kohala Community Development Plan (SKCDP) Action Committee (AC) to order at 5:04 p.m. in the Waimea Senior Center. The following persons were present: ROLL CALL Action Committee Members Present: John Mueller (Chair), Diane Kaneali‘i (Vice-Chair), George “Robby” Robertson, Josephine “Jojo” Tanimoto, Julia Ann Alos, and Roger Harris. Action Committee Members Absent-Excused: Eddie Akau. Staff: Keola Childs – South Kohala CDP Planner; and Planners: Hans Santiago and Heather Bartlett. Members of the public: 7 ADDITIONS TO THE AGENDA: NONE PUBLIC COMMENT ON AGENDA ITEMS: One person signed up to provide comment. He chose to speak at the start of the meeting. 1. David Tarnas, representing himself, testified on agenda item #6 – Presentation by the Nature Conservancy: Mr. Tarnas referenced the Wai’ula‘ula Watershed Management Plan as a useful planning tool to reduce soil erosion into streams and nearshore waters. He described the plan as a nexus between the work being done by The Nature Conservancy and Hawai'i County. The Wai‘ula‘ula Watershed Management Plan may be viewed and downloaded from the following website: http://health.hawaii.gov/cwb/files/2013/05/PRC_319Grant_WaikoloaWatershed-Characterization.pdf APPROVAL OF MINUTES: Vice-Chair Kaneali‘i moved to approve the minutes of the September 25, 2017 meeting as submitted. Second by Committee Member Alos. The motion to approve the minutes as submitted passed with 5 votes aye, 0 votes nay (Committee Member Tanimoto was not present at the time of the vote). REPORTS and OTHER COMMUNICATIONS: 1. Communication No. 2017-08: Kawaihae Subcommittee Report. Communication No. 2017-08 may be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/doc/90222/Page1.aspx 2. Communication No. 2017-09: Jojo Tanimoto SKCDP Suggested Revisions. www.hiplanningdept.com southkohala@hawaiicounty.gov Page 2 Vice-Chair Kaneali‘i sought to clarify what would be an appropriate response to Communication No. 2017-09: a request by Committee Member Tanimoto to amend the South Kohala CDP. Chair Mueller responded that the current plan is to revise South Kohala CDP after the new General Plan is adopted to avoid having to repeat efforts. Therefore this communication would be kept on file until such time the Action Committee is ready to amend the SKCDP. Communication No. 2017-09 may be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/doc/90223/Page1.aspx 3. Communication No. 2017-10: South Kohala Traffic Safety Committee 9/12/17 Minutes. Communication No. 2017-10 can be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/doc/90224/Page1.aspx 4. Communication No. 2017-11: South Kohala Traffic Safety Committee 10/10/17 Minutes. Communication No. 2017-10 can be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/doc/90225/Page1.aspx BUSINESS: 5. Public Access, Open Space, and Natural Resources Preservation Commission (PONC) Presentation: PONC Commissioner Susan Fischer gave a brief presentation about the process and new deadline for nominating parcels to their board for consideration as priorities for acquisition by the County. She stated that the new deadline for nominations will be in February of 2018. Any nominations made after that deadline would be considered for acquisition in the following year. Ms. Fischer explained that two percent of Hawai'i State taxes go toward purchasing properties and conservation easements, and that a quarter of a percent goes to maintenance. She presented the PONC 2016 Annual Report and handed out nomination applications and brochures. Ms. Fischer gave the Action Committee a brief update on which properties they had acquired in the past year and what their current priorities are. Committee Member Tanimoto suggested a connection between PONC and the Aha Moku organization to designate land for reburying iwi [bones]. Ms. Fischer responded that in nominating parcels (as for such a purpose), the owner of the nominated property must be a willing seller. Ms. Fischer suggested that those present view the PONC 2016 Annual Report to learn about the budget for the commission. More information on PONC can be found in their online repository: http://records.co.hawaii.hi.us/weblink/Browse.aspx?dbid=1&startid=13770 PONC Suggestion Forms for Lands and/or Property Entitlement for Acquisition can be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/edoc/90297/2018%20PONC%20Suggestion%20Form%20-%20fillable.pdf PONC 2016 Annual Report may be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/edoc/84678/2016-12-28%20(2016%20PONC%20Annual%20Report%20to%20the%20Mayor).pdf 6. Presentation by The Nature Conservancy: www.hiplanningdept.com southkohala@hawaiicounty.gov Page 3 Cecile Walsh, assistant marine coordinator at The Nature Conservancy (TNC) presented research on the resiliency of coral reefs along the South Kohala shoreline. She defined resilience as the capacity of a reef to resist or recover from degradation. In 2015 TNC recorded record-breaking ocean temperatures in South Kohala. Since 2015 they have been conducting annual surveys in 20 locations along the West Hawai‘i coastline. Their studies looked at resistant coral species, coral recruitment, coral diversity, hard coral cover, herbivore biomass, herbivore diversity, coral disease and bleaching, algae cover, and topographic complexities. On a projector screen, she displayed photos of their surveys to show the extent to which the coral was bleached by the rising temperature. In 2015, 38-92% of the coral colonies surveyed were bleached. The bleaching in South Kohala appeared worse as they moved north along the coastline. The two most abundant species of coral were affected the most. Ms. Walsh presented some of the data they had collected, using Kailapa as an example. Methods to reduce the impact of the changing climate on coral reefs include: reducing greenhouse gases, active restoration, and reducing local stressors. A current strategy includes prioritizing areas for restorative and/or impact reductive action, and attempting to identify the environmental stressors. Ms. Walsh explained that they hope to be able to isolate what causes some areas to experience more bleaching than others as a way to try to determine what solutions might best mitigate the problem. Next steps would include continuing to analyze the data they collected; look further into what factors may be causing the most coral bleaching; engage the community; and collaborate with the State, County, the National Oceanic and Atmospheric Administration (NOAA), and community groups. Committee Members discussed harmful environmental factors such as boating activity and sewage; the importance of coral reefs as a foundation of the ecosystem; and the harmful effects of oxybenzone. 7. Capital Improvement Project (CIP) Budget Overview and Action Committee Recommendation Strategy: Chair Mueller opened the discussion up for any new additions to the previously discussed CIP recommendation letter. Committee Member Robertson moved to add a recommendation for a Puakō wastewater treatment system in the amount of five million dollars by means of a Community Facilities District (CFD) to the letter. Second by Committee Member Tanimoto. Committee Member Robertson explained that the idea would be for residents of Puakō to pay the five million dollars requested back to the County over time. They would be requesting an additional five million from Hawai‘i State, and five million from the federal government to cover the rest of the costs for the 15 million dollar project. He referenced a video produced by the Coral Reef Alliance, which describes the degrading health of the environment Puakō. He also referenced studies done by Cornell University and the University of Hawai‘i at Hilo on the water quality in the area. Committee Member Robertson stressed the longevity of the issue which is evidenced by the fact that the South Kohala CDP talked about wastewater issues in Puakō when it was first drafted in 2008. www.hiplanningdept.com southkohala@hawaiicounty.gov Page 4 The Coral Reef Alliance video regarding the health of the sea life in Puakō may be viewed and accessed here: https://coral.org/puako/ Upon the above-stated motion, a vote was taken. The motion passed unanimously. Chair Mueller asked the Committee if there were any more proposed additions to the letter, none were heard. Committee Member Tanimoto moved to approve the letter. Second by Committee Member Robertson. The motion passed unanimously. Former Councilmember Pete Hoffman suggested adding a timeframe for the Puakō CFD to the letter as advised in Chapter 32 of the County Code. Committee Member Robertson moved to include a 20-year timeframe to the Puakō request. Second by Committee Member Tanimoto. Mr. Hoffman explained additional steps which would need to take place before a CFD can be implemented, which include petitioning County Council, and holding a vote for affected community members. He advised that including a general financial timeline would give the legislatures a better framework to utilize for this process. Staff Childs suggested leaving the decision for a timeline in the hands of the representing Councilmember to discuss the payment system at length with the Puakō community first in order to determine an agreeable payment plan before they introduce the legislation. Committee Member Robertson decided to withdraw his motion. Communication No. 2017-14 South Kohala CDP Action Committee Letter to the Planning Director may be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/doc/91437/Page1.aspx 8. The Action Committee will discuss the advantages and disadvantages of different types of subcommittees, review the Status of all existing subcommittees and dissolve, reaffirm or re-establish those subcommittees, if appropriate, as investigatory subcommittees. Staff Childs explained the reason for the discussion was to clarify the terms used for subcommittees and help ensure the Action Committee abides by the laws it must operate under. Staff Santiago gave a brief presentation about the different types of Subcommittees and how they operate. Communication No. 2017-12 Subcommittee Table may be viewed and downloaded from the following website: http://records.co.hawaii.hi.us/weblink/1/doc/90226/Page1.aspx A complete view of the Sunshine Law requirements for Hawai‘i County boards and commissions (Hawai‘i Revised Statutes Chapter 92) may be viewed and downloaded here: http://oip.hawaii.gov/laws-rules-opinions/sunshine-law/chapter-92-hawaii-revised-statutes-public-agency-meetings-and-records/ Standing Subcommittees: may include up to four Action Committee members, are created by a motion during an Action Committee meeting, and can exist for any purpose related to the CDP. They are completely subject to Sunshine Law requirements meaning they must post meeting notices/agendas, minutes, host the meeting in a public venue, host public testimony and maintain an email distribution list among other requirements. Staff explained that the Planning Department lacks the staff and funding to administer a standing subcommittee for an Action Committee. They also warned of the complications www.hiplanningdept.com southkohala@hawaiicounty.gov Page 5 involved with abiding Sunshine Law requirements without the administrative support of the Planning Department. Investigatory Subcommittees: may include up to four Action Committee members, are created by a motion during an Action Committee meeting, but must have a well-defined purpose or mission. Once the stated mission has been completed the Subcommittee reports back to the Action Committee then dissolves; unless it is reaffirmed under a new purpose at a following Action Committee meeting. This subcommittee does not have to post agendas, minutes, and other meeting materials but is subject to Sunshine Law to the extent that the Subcommittee may only take action upon their topic by means of addressing it through the Action Committee. This is done in three meetings, the first to create the subcommittee, the second for the subcommittee to report to the Action Committee, and the third for the Action Committee to decide upon appropriate action. Community Partner Groups (or Liaison Groups): are community groups or committees that are not specifically affiliated with the CDP Action Committee. They are community groups that Action Committee members (up to two maximum) may participate in (liaise with) but are not constrained by the CDP and other requirements. They do not need to be created by the AC since they are independent groups or committees. When a CDP related issue is addressed by the group and support from the Action Committee is desired, the Community Partner will request such support through an agendized Action Committee meeting where committee members can decide how best to support the particular initiative. Committee Member Robertson moved to dissolve all subcommittees. Second by Committee Member Alos. The motion to dissolve all subcommittees passed with 5 votes aye, 1 votes nay (Committee Member Tanimoto was opposed). Committee Member Tanimoto expressed concern about how the law would affect the Kawaihae Subcommittee as it previously operated. Staff explained that the intent was not to try to limit any Action Committee Member’s ability to discuss issues with their community, but to try to help them remain compliant with the Sunshine Law. Staff additionally clarified that the status of the Action Committee’s subcommittees would not affect their ability to attend community meetings. Committee Member Alos asked why the Action Committee was not receiving permit applications as was provided by the previous CDP Planner Deanne Bugado. Staff Childs asked for clarification on what they would like to be sent and suggested sending a monthly notice to the Action Committee with a list of new applications in the South Kohala district. Mr. Santiago suggested forwarding public notice emails to the Action Committee. ANNOUNCEMENTS: 9. The next scheduled meeting will be on Monday, January 22, 2018, at the Waikoloa Community Center. AGENDA FOR NEXT MEETING: (January 22, 2018) No agenda items were identified at this time. ADJOURNMENT: The Chair, without objection, adjourned the meeting at 7:03 p.m. All Action Committee information can be viewed and downloaded from our website: http://www.hawaiicountycdp.info/south-kohala-cdp