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Friday, March 01, 2024

Kaʻū News Briefs Feb. 29, 2024

A welcome center, tour bus drop off and food and retail are planned near Black Sand Beach pond, with hearing March 7.
Photo from SMA application

COUNTY PLANNING DIRECTOR ZENDO KERN HAS RECOMMENDED APPROVAL OF THE BLACK SAND BEACH, LLC SPECIAL MANAGEMENT AREA PERMIT for accommodations and other development at Punalu'u. He noted that the recommendation could change after the public hearing. The proposed development is set to go to public hearing on Thursday, March 7 at Hilo County Council Chambers and on Zoom. 
    The Planning Director's positive recommendation comes with many contingencies and requirements. His entire report can be read in County Department of Planning files at https://records.hawaiicounty.gov/WebLink/1/doc/128725/Page1.aspx. Here is the first installment of his findings:
   Upon careful review of the applicant's request against the guidelines for granting of a Special Management Area Use Permit, the Planning Director recommends that this request to develop 225 residential and short stay units, village and wellness center, retail uses, rehabilitation and use of golf courses, and dedication of a portion of coastline as a conservation area on an approximately 147-acre portion of a larger 434- acre project site within the Special Management Area be approved by the Planning Commission. 
    Since this recommendation is made without the benefit of public testimony, the Director reserves the right to modify and/ or alter this recommendation based upon additional information presented at the public hearing.
    This approval recommendation is based on the following:
    The applicant requests a Special Management Area Use Permit to
develop the project area, named
5,000 in the mail and 2,500 on the streets


Punalu' u Village, which is proposed as a residential and commercial development consisting of approximately 225 residential and short-stay units, a village and wellness center, rehabilitation of the existing golf course, tennis facilities, infrastructure, and the dedication of approximately 30 acres along the project sites coastline as a conservation/preservation area.
    The grounds for approving development within the Special Management Area are based
on HRS, Chapter 205A-26(2) ( Special Management Area guidelines) and Rule 9- 11( e) of
the Planning Commission Rules of Practice and Procedure. Planning Commission Rule 9-11( e) states that the Authority ( Planning Commission) may permit the proposed
development only upon finding that:
    1. The development will not have any substantial adverse environmental or ecological
effect except as such adverse effect is minimized to the extent practicable and is clearly outweighed by public health, safety or compelling public interest;
    2. The development is consistent with the objectives and policies and the Special Management Area guidelines as provided by Chapter 205A, HRS;
    3. The development is consistent with the General Plan, Community Plan, Zoning Code
and other applicable ordinances;
    4. The development will, to the extent feasible, reasonably protect native Hawaiian rights if they are found to exist, including specific factual findings regarding:
    a. The identity and scope of valued cultural historical or natural resources in the petition area, including the extent to which traditional and customary native Hawaiian rights are exercised in the petition area;
    b. The extent to which those resources including traditional and customary native Hawaiian rights, will be affected or impaired by the proposed action; and
    c. The feasible action, if any, to be taken by the Authority to reasonably protect any valued cultural, historical or natural resources including any existing traditional and customary native Hawaii rights.
    In review of the SMA guidelines as listed under HRS 205A-26( 2)( A), the proposed development will not have any substantial adverse environmental or ecological effect, except as such adverse effect is minimized to the extent practicable and clearly outweighed by public health, safety, or compelling public interest. 
A public hearing will be held Thursday, March 7 on development at Punalu'u. See Black Sand Beach, LLC plans for Punalu'u and background reports at https://records.hawaiicounty.gov/weblink/1/doc/127617/Page1.aspx. See Kaʻū Community Development Plan at https://www.planning.hawaiicounty.gov/general-plan-community-planning/cdp/kau.
Image from Kaʻū Community Development Plan

    In considering the significance of potential environmental effects, the Director shall consider the sum of those effects that adversely affect the quality of the environment and shall evaluate the overall and cumulative effects of the action on the Special Management Area. Such adverse effects shall include, but not be limited to, the potential cumulative impact of individual developments, each one of which taken in itself might not have a substantial adverse effect and eliminate planning options.
    The proposed project did not meet the criteria in State law for the requirement of an environmental assessment or environmental impact statement under Hawaii Revised Statutes ( HRS) Ch. 343- 5, however, the applicant chose to update both the Cultural Impact Assessment ( CIA) and the Archaeological Impact Assessment ( AIS) in order to ensure those resources were preserved and protected in light of this new proposed development project. The proposed project, Punalu' u Village, provides an opportunity to properly manage, repair, and enhance this area after years of neglect. 
Learn about Special Management Area
permits at https://planning.hawaii.gov
/czm/special-management-area-permits/
    This proposed project does represent a significant impact on the area, and coastal resources, however,
the project aims to improve the resources and mitigate impacts to this area. Facility management is necessary to ensure the continued protection of environmental, cultural, and historical resources. Staff notes that the most sensitive area, those that have not been heavily impacted by previous land use activities, is the coastal portion of the project area.
    The applicant intends to place a large portion of the coastal area into a preserve or other protection status to maintain those resources at the shoreline. The project is utilizing the designated zoning of the site, and as such will be in-line with the existing entitlements related to zoning and appropriate land uses, as well as re- constructing and repairing existing structures and infrastructure to minimize further impacts to the site and surrounding area. The proposed project, as designed, will not generate any adverseeffects that cannot be mitigated with proper Best Management Practices ( BMP), or are lands that are already impacted by previous land work including significant grading and grubbing. The applicant intends to implement appropriate mitigation in relation to viewplanes, pedestrian access, and community character to ensure the varied and large site is viable for both the existing community, and visitors to the area. 
    Staff believes that the past poor management of the area has led to a decline of natural resources, and this project aims to repair some of the damage while setting up the project site and surrounding area into a more comprehensive management regime.
    In review of the SMA guidelines as listed under HRS 205A, the proposed development is consistent with the objectives and policies as provided by Chapter 205A, HRS, and Special Management Area guidelines contained in Rule No. 9 of the Planning Commission Rules of Practice and Procedure.

    
COMMUNITY MEETINGS ARE PLANNED AROUND THE UPCOMING DECISIONS to be made regarding Punalu'u. A Save Punalu'u meeting sign waving rally was set for Saturday, March 2 at Punalu'u Pavilion at 10 a.m. Kaʻū Advisory Council announced a meeting on March 3 to discuss concerns about Punaluʻu and Kaʻū at Pāhala Community Center at 1 p.m. A zoom event at Kaloki's in Ocean View is sponsored by Kaʻū Radio to participate and watch the Punalu'u public hearing at 9 a.m. on March 7. Attendees at the Kaʻū Community Development Plan Action Committee meeting in late February asked the group to become more involved in the future of Punalu'u.













Thursday, February 29, 2024

Kaʻū News Briefs Feb. 28, 2024

 






MORE PUBLIC PARTICIPATION IN THE FUTURE OF KA'U drew support from people attending the Ka'u Community Development Plan Action Committee meeting on Wednesday in Ocean View. The volunteer Committee, designed to help align proposed projects and solutions to Ka'u Community Development Plan, follow some eight years of public meetings, research and decision to create the KCDP.
    Attendees at Wednesday's meeting, held at St. Jude's Church and online, called for the Action Committee meetings to focus more on "Action" than "meetings" in the words of Ron Ebert who served for years on the Ka'u Community Development Committee Steering Committee to develop the KCDP. Keeping issues on the Action Committee agenda such as reducing desecration of Green Sand Beach and the trail going there, and the pros and cons of the Punalu'u development proposal by Black Sand Beach, LLC, were suggested.
    Ebert made his own suggestion that the Action Committee look at establishing fire escape routes for Green Sand and Mark Twain subdivisions near Na'alehu. He suggested the county purchase lots in each of the neighborhoods and make them a park that would provide ingress and egress and serve as an escape route and a path for firefighter access. He noted range fires in the past when people were trapped in their homes and could not escape. Fortunately, noone was injured.
    Among those who spoke up for more action from the Ka'u Community Development Plan Action Committee were Shophia Hanoa, who said that Punalu'u should be a regular item on the Action Committee agenda. She said kupuna and other concerned citizens have been meeting with Punalu'u owners and planners to help insure that the right thing is done for community and environment. She said she has always advocated for transparency and more public involvement and urged the Action Committee to make Punalu'u a regular item on the agenda.
    Another advocate for more action at the Action Committee was Punalu'u resident, fisherman and former County Council member Guy Enriques who asked for the Action Committee to study the Punalu'u plan in light of the Ka'u Community Development Plan in order to give guidance to the community, county Planning Department, and Planning Commission. The commission will hold a public hearing on May 7 for a Special Management Area permit to develop 234 accommodation units and other projects at Punalu'u. Enriques said the Ka'u Community Development Plan is very clear about the desires of the community and that the Action Committee should help make 
sure that development adheres to the KCDP.
    He said it could be helpful if the Action Committee could meet more than quarterly. County Planning Department staff noted that the meetings are now on zoom to encourage more community input.
    Action Committee member Jason Masters made numerous suggestions for agenda items, including Punalu'u and a water bottling plant plan for Pahala.
    Another item that came up is the possibility of establishing a Hawaiian immersion school in Ka'u, possibly at Kamehameha Schools' Kahuku Ranch. Raylene Moses spoke on the subject and said a survey and other outreach to the community and potential sponsors has drawn support.

     

BROKEN DOWN INFRASTRUCTURE AT PUNALU'U has drawn support for the development plan from two owners of a condominium at Sea Mountain. Vance Bjorn and Matt Baker wrote to the Windward Planning Commission, which is considering issuing a Special Management Area permit for the project and has scheduled a public hearing in Hilo and by zoom for March 7. The two wrote that they support development plans submitted by Black Sand Beach LLC.
    They wrote that "this project represents a critical opportunity for our community, especially in addressing the longstanding infrastructure challenges faced by the Punalu'u area. For over fifty years, the water and wastewater treatment plants serving Punalu'u have operated without significant updates or improvements. Originally designed in the 1970s to accommodate a capacity of 2,500+ units, these facilities now serve only 100 families. This underutilization poses not only a financial inefficiency but also a missed opportunity for modernization and environmental protection for the Punalu'u beach area.
    "The current financial model underpinning our wastewater treatment infrastructure is unsustainable. The cost of investing in and upgrading such a large system for a small number of users is prohibitive without the addition of new homes to share in the financial and environmental benefits of such an investment. The proposed development by Black Sand Beach LLC offers a viable solution to this challenge by expanding the residential and commercial base, thereby making the necessary investments in our water and wastewater treatment facilities financially feasible."
    "The county bathrooms located by the ocean are provided fresh water from the Punalu'u water company, but the environmental benefits of integrating the county bathrooms into the sewer system cannot be overstated. Currently, these facilities rely on septic or cess pool tanks, which require regular pumping and pose a risk to our coastal ecosystems. Connecting them to the sewer lines would represent a significant step forward in our community's efforts to protect and preserve our natural environment. Moreover, it is imperative to address the sustainability and financial viability of the Punalu'u Water System, especially for the 100 families and county bathrooms that are currently depending on it.
    "Should the proposed development by Black Sand Beach LLC not proceed as anticipated, there is a legitimate concern that the developer may discontinue their financial support and /or subsidy for the operation costs of this aging infrastructure. In light of this, we urge the Windward Planning Commission to consider alternative measures or support mechanisms to ensure that these families are not left without essential services or face exorbitant costs for their water and wastewater treatment. Whether through seeking government grants, partnerships, or alternative funding sources, it is crucial that a plan is in place to safeguard the well-being of our community members.
    "In conclusion, the development proposed by Black Sand Beach LLC is more than just a construction project; it is an opportunity for sustainable growth, environmental protection, and water and waste water infrastructure modernization," said the letter from Bjorn and Baker.


LIFE IN PRISON IS THE SENTENCE FOR MURDER FOR NA'ALEHU RESIDENT PATRICIA HANOA WONG. County Prosecuting Attorney Kelden Waltjen announced that 62 year-old Wong is sentenced to life in prison and a consecutive 20-year prison term for the June 2009 murder of Kaycee Maile Smith at a residence in the Orchidland Estates subdivision. The victim, also known as "Bug," was a rodeo star and 
graduate of Kamehameha Schools in Kapalama. She was 21 at the time of her death.
    Also indicted was Peter Fuertes, 55, of Ocean View. According to police, Smith's father, Noel "Bear"

Patricia Hanoa Wong, of Naalehu,
gets life in prison for murder.
Smith, likely killed Jeremy Napoleon on June 19, 2007 and turned up dead hours later when his car ran off the road. Police and prosecutors suspect revenge and money involved in these slayings, as well as the slaying of Kaycee Smith. She had a single gunshot wound to her head.
   Fuerte testified to the jury last November that Wong approached him at a water fountain in Ocean View and offered him $15,000 to kill Smith. Fuerte made a plea deal that would avoid a sentence of life in. prison.  
    On Nov. 27, 2023, a Hilo jury found Wong guilty as charged of Murder in the Second Degree, Attempted Murder in the Second Degree, Conspiracy to Commit Murder in the Second Degree, and two counts of Criminal Solicitation.
     Wong appeared in Hilo Circuit Court on Tuesday where she was sentenced to the maximum penalty of life in prison with the possibility of parole for both Murder in the Second Degree and Attempted Murder in the Second Degree. Wong was also sentenced to a concurrent 20-year prison term for two counts of Criminal Solicitation and a single count of Conspiracy to Commit Murder in the Second Degree.
    The Court ordered that the 20-year prison term be served consecutively to the life in prison term. The investigation was handled by Captain Rio Amon-Wilkins and Detective Derek Morimoto, Area I Criminal Investigation Section, Hawai‘i Police Department. 

Rodeo star Kaycee "Bug" Smith
was murdered in 2009.
    The case was prosecuted by Deputy Prosecuting Attorneys Annaliese Wolf and Matt Woodward. “We are glad the Court recognized the severity of the actions taken by the Defendant by handing down a consecutive sentence,” said Wolf. “She made a plan to commit murder and took relentless criminal actions to achieve her goal of killing Kaycee Smith. The Court has provided a clear and strong message to the Defendant that her actions were abhorrent, egregious, and deserved the most serious punishment and that there is no place for this kind of heinous conduct in our community.”
    Prosecuting Attorney Kelden Waltjen said, “We hope that this sentencing brings some sense of closure for  Kaycee Smith’s ‘ohana and friends. This would not be possible without the hard work of our police, victim advocates, and prosecutors, especially Deputy Prosecuting Attorneys Annaliese Wolf, Matt Woodward, and Duane Kokesch. I would also like to the thank the jury for their time and service.”
    A statement from the Prosecuting Attorney's office said, "The Office of the Prosecuting Attorney remains dedicated to the pursuit of justice with integrity and commitment. Anyone having information to assist local law enforcement should call Crime Stoppers at (808) 961-8300. #hawaiiprosecutors #hawaiipolicedepartment #."




Under the Bodhi Tree thrift shop has opened at Naalehu Hongwanji as a means to sustain the meal program provided through Naalehu Hongwanji, Vibrant Hawaii, and the Food Basket.  Prepared meals are available Monday and Wednesday from 12"30 to 3:30 PM, on a first come first serve basis.  Dry food bags are available upon request.

Other donors that help sustain "The Hub" are O Ka'u Kakou, Michelle Galimba as our District 6 Councilwoman, Avoland as well as countless volunteer hours provided by community members.
Hours for the Thrift Store are as follows: This may change moving forward.
Monday Wednesday Friday  10-5
Tuesday and Thursday 10-1 and 2-5.
Any questions please message me on messenger on Facebook or DM me  
on Instagram at Naalehu Hub


Monday, February 26, 2024

Kaʻū News Briefs Feb. 26, 2024



THE NEXT KAʻŪ COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE MEETING is Wednesday, Feb. 28 at 5 p.m. at St. Jude's Church in Ocean View. The public has the option to register to attend the meeting live or by Zoom. Link is at https://www.zoomgov.com/meeting/register/vJIscO-prDwvHGcaMj1vWKHT2CRXdutAmTU#/registration.
    Public testimony is invited, with a three minute limit for each person speaking live or by Zoom. There will be no YouTube live meeting but video will be uploaded within several days after the meeting.
    Members of the Kaʻū Community Development Plan Action Committee are: Jesse Ke, Ka'ohinani
Mokuhali'i, Leina'ala Enos, Babette Morrow, Jason Masters, Pernell Hanoa, Catherine Williams, and Kaweni Ibarra. One position is vacant.   
     Members of the public can apply to become members of the Kaʻū Community Development Plan Action Committee, as positions open up, through the Mayor's website at https://www.hawaiicounty.gov/our-county/boards-commissions-application
    The Chairperson's announcement on the agenda for Wednesday notes that the application for a Special Management Area permit from Black Sand Beach, LLC will be before the Windward Planning Commission at its meeting on Thursday, March 7 at 9 a.m. Black Sand Beach, LLC plans to restore infrastructure and golf course and build some 234 units of accommodations, as well as retail and other commercial facilities at Punalu'u. See its plan and background reports at https://records.hawaiicounty.gov/weblink/1/doc/127617/Page1.aspx.  
    

BLACK SAND BEACH, LLC has released an illustration comparing its plans for Punalu'u to developers' plans in the past. The comparison comes ahead of next week's Windward Planning Commission meeting to decide whether to issue the group a Special Management Area permit to move forward toward approvals for its project. Project Director Norman Quon said on Monday that any SMA approval would likely come with requirements and contingencies from the county Planning Department and Planning Commission and would launch additional rounds of interaction with the community and adjustments to the plans going forward.
    The illustration states that a development plan in 1967 was set for 2,983 units. In 2006, a plan called for 1,823 units. The Black Sand Beach plan is for 230 units, far fewer that that allowed by the zoning of the property. Quon and the Black Sand Beach team also issued the following statement to kupuna and the entire Kaʻū  community:
    "We wish to extend our heartfelt gratitude for your interest in Punalu'u. Much like all of you in our community, Punalu'u holds a special place in our hearts as it symbolizes our home.
    "Over the past few years, our team has dedicated significant efforts to engage with many Kupuna, community members, and organizations in the Kaʻū area to gather insights and feedback crucial for the development of Punalu'u. We have also studied the development history of Punalu'u over the past 50 years and understand the current expectations of the Kaʻū community regarding Punalu'u, which has contributed to the formation of our current plan.
    "In the proposal we submitted for 2024, we have taken into account the following factors:
    "Cleaning and restoring historical structures: Returning Punalu'u to the beauty remembered by Members of the Community.
    "Low-density development: The majority of the development area is within the previously developed area.
    "Coastal protection: Coastal lands will remain permanently open to the community, ensuring that the community never has to worry about losing access to the shoreline. We also plan to collaborate with the community to protect turtles and the surrounding ecological environment.
    "Updating infrastructure affecting existing households living at Punalu’u, including Colony One and Kalana Golf Estates water and sewer needs. We intend to resolve the longstanding issues with the sewage system in Punalu'u."
     The statement also says that with the creation of the plan the team has met again with "many Kupuna, non-profit organizations, and community members, providing extensive explanations of our project plans. However, we understand that there may still be many who are unfamiliar with our plans. Our team welcomes the community to provide us with your valuable feedback. We will be more than happy to address any questions. Email norman@kaunui.com."

To read comments, add your own, and like this story, see facebook.com/kaucalendar. See latest print edition at kaucalendar.com, in the mail and on stands.

A POSTING ON KAʻŪ BULLETIN BOARD SAYS THE COUNTY ROAD WOULD BE BLOCKED OFF AT PUNALU'U BLACK SAND BEACH in the plan before the Windward Planning Commission that seeks a Special Management Area permit approval. The post says,"Picture shows county road to beach eliminated! Punalu'u now Waikoloa and Kona style shoreline, park way up, pay to park and walk through the development. Not Pono, that they try to sneak through without talking to community. This is not the rural, country style we love! Punalu'u is the most accessible, natural and untouched beach left on this island. Country is why we live Ka'u. Punalu'i is the PIKO of Ka'u.... Time to step up and speak up or lose it! Come represent at March 7th meeting. Every Voice counts - Your voice, counts!"


    Black Sand Beach, LLC, which applied for the SMA, responded that the access to the beach remains on the county road and that it is up to the county and community as to where and whether to limit access to the county road in the beach area. The legal county road goes through the black sand beach to the county park area but the county stopped its use years ago and has allowed the sand to cover it. Years ago, the sand was cleared to allow tour buses and other traffic to go along the coast there. 
    Black Sand Beach released this response to the posting that the road would be closed: 
    "Black Sand Beach understands what Punalu’u means to the Kaʻū Community and shares its concerns regarding beach access. First, because the road is owned by the county, no private owner can eliminate it. However, on the plans it may not be visible because of the sand covering the road. 
   "Parking has always been a problem accessing the beach. To help ease the parking situation, Black Sand Beach will make its parking lot available for beach goers. It is proposed that local residents with a Hawai'i ID be allowed to park free at the parking lot, and all out-of-state visitors and tourists be charged a fee for parking. 
    "We also understand the delicate nature of Black Sand Beach and the need to protect this valuable resource. As part of its Shoreline Management Plan, Black Sand Beach would like to work hand-in-hand with the local community to determine the usage of the beach by commercial tours and FIT tourists. From this study, a carrying capacity of the beach can be established, an educational program can be created, then rules and regulations for usage of the beach can be established."
This illustration shows planning for the area around Punalu'u Black Sand Beach and pond, as proposed by Black Sand Beach,
LLC for a Special Management Area permit before the Windward Planning Commission. Black Sand Beach issued
a statement saying its team does not propose blocking the county road and that the county and community determine
how much of the county road to limit near the shoreline. Illustration from Black Sand Beach, LLC



ENVIRONMENTAL MANAGEMENT COMMISSION FOR THE ISLAND will meet on Wednesday at 9 a.m. in Kona, with a zoom link at https://www.zoomgov.com/j/16031058165. Meeting ID: 160 3105 .
    To be reviewed are Solid Waste Division Projects and Updates regarding Recycling, Greenwaste, and Landfill Diversion; Solid Waste Operational Study; and Wastewater Division Projects and Updates: Pāhala and Nā‘ālehu Large Capacity Cesspool Closure projects. 
   The commissioner for Kaʻū is Lee McIntosh.
    The in-person location is Community Meeting Hale (Building G) of the West Hawai‘i Civic Center, 74-5044 Ane Keohokalole Hwy, Kailua-Kona.


TISSUE CULTURE OF COFFEE IS THE U.H. PRESENTATION ON TUESDAY AT NOON. The leader of the online event is Steve Starnes from UH-Hilo. The zoom session is sponsored by University of Hawai'i College of Tropical Agriculture. Get the Zoom link at www.hawaiicoffeed.com/coffeewebinars or contact Matt Miyahara at 808-322-0164.