NORTH SHORE NEIGHBORHOOD BOARD NO. 27

NORTH SHORE NEIGHBORHOOD BOARD
AGRICULTURE COMMITTEE AGENDA
TUESDAY, JANUARY 14, 2025
WAIALUA COMMUNITY ASSOCIATION (WCA)
66-434 KAMEHAMEHA HIGHWAY
HALEʻIWA, HAWAIʻI 96712

I. CALL TO ORDER: Chair Racquel Achiu

Rules of Speaking: (In Person Meeting) Please silence all electronic devices – Anyone wishing to participate in the meeting discussions, please raise your hand to be recognized by the Chair. Please identify yourself by name (and affiliation if any) when speaking for the first time. When recognized by the Chair, please address comments to the Chair. You will have 2 MINUTES to speak and/or ask your question. Please do not interrupt others when they are speaking; committees are less formal but want every voice to be heard

Note: The Committee may take action on any agenda item. As required by the State Sunshine Law (HRS 92), specific issues not noted on this agenda cannot be voted on, unless added to the agenda.

II. COMMUNITY CONCERNS REGARDING AGRICULTURAL ISSUES – Limit to Two (2) Minutes each person.

III. COMMITTEE BUSINESS
A. Agriculture Lot CPR Meeting (November 22, 2024) Summary
B. Agriculture Crime Legislation

IV. APPROVAL OF MINUTES
A. Committee Minutes of November 22, 2024 (Special Meeting) & December 10, 2024

V. ANNOUNCEMENTS

VI. ADJOURNMENT

A mailing list is maintained for interested persons and agencies to receive agenda and minutes. Additions, corrections, and deletions to the mailing list may be directed to the Neighborhood Commission Office (NCO) at Kapālama Hale, 925 Dillingham Boulevard, Suite 160 Honolulu, HI 96817; Telephone (808) 768-3710 Fax (808) 768-3711; or call Neighborhood Assistant Zhoydell Magaoay at (808) 768-4224 or e-mail zhoydell.magaoay@honolulu.gov. Agendas and minutes are also available on the internet at www.honolulu.gov/nco.

All written testimony must be received in the Neighborhood Commission Office 48 hours prior to the meeting. If within 48 hours, written and/or oral testimony may be submitted directly to the board at the meeting. If submitting written testimony, please note the board and agenda item(s) your testimony concerns. Send to: Neighborhood Commission Office, 925 Dillingham Boulevard, Suite 160 Honolulu, HI 96817. Fax: (808) 768-3711. Email: nbtestimony@honolulu.gov.

If you need an auxiliary aid/service or other accommodation due to a disability or an interpreter for a language other than English, please call the Neighborhood Commission Office at (808) 768-3710 between 8:00 a.m. and 4:00 p.m. or send an email to nco@honolulu.gov at least three (3) business days before the scheduled meeting. It may not be possible to fulfill requests received after this date.

NORTH SHORE NEIGHBORHOOD BOARD
AGRICULTURE COMMITTEE MINUTES (DRAFT)
TUESDAY, DECEMBER 10, 2024
WAIALUA COMMUNITY ASSOCIATION (WCA)
66-434 KAMEHAMEHA HIGHWAY
HALE’IWA, HAWAI’I 96712
6:00 P.M. – 7:30 P.M.

Community/Resident concerns
Residents shared concerns related to avian influenza and questions for the guest speaker, including:
1. What are the best ways to protect waterfowl compared to poultry?
2. Are zebra doves a concern for spreading the virus?
3. Can we get a map of avian influenza instances in Hawaii from the state agencies?
4. How does avian influenza spread? What protection measures should we put in place?
5. Can herbal supplements help?
6. How do you know what symptoms to look for to detect avian influenza?
7. What is the interconnectedness of wildlife health, agriculture, and human health?

Committee Business: Avian Influenza (Dr. Michelle Barbieri, NOAA; informational handouts and resources provided by HDOA, USDA)

The Basics:
1. Status: H5N1 was detected in an asymptomatic hybrid mallard-koloa duck on James Campbell (through routine sampling as part of a banding project), then at the Wahiawa Wastewater treatment plant prior to treatment of the water, then at Susie’s duck rescue, and then at the Pearl Harbor house with ducks from Susie’s duck rescue
2. Risk: H5N1 is a concern for the Hawaiian monk seal as prior strains have caused seal die-offs in Washington State, the NE US (other influenza strains), Argentina, Chile, and Peru. Hawaiian monk seals are particularly at risk because much of the population lives in remote areas with little to no year-round surveillance. H5N1 is a concern for Hawaii’s farmers because the cost to replacing poultry stock in Hawaii is high and importing waterfowl into Hawaii is not permitted. The overall risk to people is very low. People who have been infected have been in very close contact with birds.
3. Strain: Highly pathogenic avian influenza viruses (HPAI) are so-called because they cause severe disease in chickens. Many influenza viruses circulate in wild birds, both high and low pathogenicity viruses. These viruses are all prone to mutations that can change the dynamics of how they spread, species they affect, etc. The strain of H5N1 that we have is not the one that has been spreading among dairy cattle on the continent – that is a newer strain of the H5N1 virus. The virus is killed by pasteurization so that strain cannot come to Hawaii through milk because we cannot import unpasteurized milk. Ours is an older strain that is still circulating in bird populations including in the Pacific migratory bird flyway. Often HPAI viruses are asymptomatic in waterfowl (i.e., ducks) but since 2020, the HPAI H5N1 spreading around the world has been operating differently in that it is impacting some waterfowl and many other bird populations.
4. Detection: Symptoms in birds include: labored breathing, seizures, unresponsiveness, swelling around head/soft tissues. Botulism may look similar to avian influenza and may be the culprit particularly in wetland areas. Samples are typically taken from oropharyngeal (back of throat) or cloacal swabs. All tests must be confirmed by the National Veterinary Services Laboratory (NVSL) and this is a disease that must be reported to officials. USDA posts detections on this website: https://www.aphis.usda.gov/livestock-poultry-disease/avian/avian-influenza/hpai-detections
5. Spread: Avian influenza spreads from bird to bird, it is shed through feces and respiratory secretions. But the virus can be tracked on host (bird, human, other animal) feet without them being infected. Or on the outside of eggs. The virus can live for weeks to months in wetter colder environments, and days to weeks in hotter, dryer climates
6. Response: Depopulation is currently the primary action that is taken around the US in response to infected domestic bird/agricultural flocks. Indemnity may be available for commercial flocks with records of commercial activities (e.g., sale records).
Leading practices: Refer to USDA Resources “Defend the Flock” (English version in hyperlink) for more in-depth information

1. Watch out for multiple dead birds. Report deaths to HDOA at 808-483-7102 during work hours and 808-837-8092 outside of work hours. You can also report feral chicken and wild bird deaths to DLNR.
2. Reduce the exposure of your flock to wild birds, don’t introduce wild birds into your flock, reduce the exposure of your flocks’ food and water to wild birds. Don’t feed wild birds, ducks, or zebra doves to minimize congregation or attraction of wild and domestic birds.
3. Limit the movement of birds and supplies across the island. Minimize transportation of birds within and between islands, reduce intake in flocks. Quarantine any new additions to the flock at least 30 days.
4. Quarantine sick members of the flock at least 30 days. Request testing of suspicious birds.
5. Disinfect your boots/supplies/vehicles. Keep separate boots between separate flocks. Disinfect your hands. If you disinfect with a dilute bleach solution, you have to rinse the organic matter off first before you use the boot dip. Take care what you bring on your tires between farms. Don’t recycle cardboard egg cartons, use egg cartons that can be disinfected. Decontaminate vehicles that move between farms where birds are housed.
Discussion:

Information Request List: The following is a list of outstanding resident questions requested to be passed along to HDOA, UH, and USDA
1. What is the current wild bird and wastewater testing process?
2. Considering the importance of detection and information sharing, and the fact that the North Shore has limited wastewater treatment plants to test, can HDOA, DLNR, or UH increase regular testing of birds across the island? Can HDOA, USDA, or DLNR provide maps of confirmed cases across the islands? Can HDOA provide home testing kits?
3. What solutions is HDOA willing to pursue as alternatives to depopulation considering the significant difficulty and in some cases impossibility of replacing waterfowl or poultry once depopulated? For example, allowing flocks to build immunity, developing a vaccine, or enabling quarantine.
4. What protocol can farmers put in place before or after detection of avian influenza to limit the depopulation requirements and reduce risk to the surrounding community and native birds for individuals who will not report an infection?
• What specific biosecurity measures,
• What physical quarantine set up?
• Length of quarantine,
• Distance between birds,
• Remediation for impacted ground.
5. How concerned do we need to be about zebra doves in transmission of the virus? They appear to be dying from the virus and they are ubiquitous and difficult to keep away from flocks.

Resourcing Wishlist: The following is a list of resident requests for resourcing support requested to be passed along to HDOA, USDA, and DLNR.
1. Request more money for testing, conduct more random testing, and provide maps to the community of test results
2. Request money for farmers to address the issue money to remediate ground, to fully enclose birds, to buy feeders and waterers that reduce the crossover with wild birds.

NORTH SHORE NEIGHBORHOOD BOARD
AG COMMITTEE SPECIAL COMMITTEE
MEMORANDUM FOR THE RECORD (DRAFT)
FRIDAY, NOVEMBER 22, 2024
WAIALUA COMMUNITY ASSOCIATION (WCA)
66-434 KAMEHAMEHA HIGHWAY
HALE’IWA, HAWAI’I 96712
6:00 P.M. – 8:00 P.M.

I. CALL TO ORDER: Chair Achiu called the meeting to order at 6:08 P.M.
Members in Attendance: Racquel Achiu, Leif Andersen, Casi Alexander, Antya Miller, Boyd Ready
Members Absent: Ron Weidenbach. Guests: Matt Weyer, City Councilman, Yvonne Yuro, Staff for Representative Perusso, Kathleen Pahinui, North Shore Neighborhood Board President, Presenters Director Dawn Takeuchi Apuna, City & County Of Honolulu Department of Planning & Permitting and Dathan Choy, CPR Specialist, State of Hawaiʻi Dept of Commerce & Consumer Affairs, Real Estate, Community members per sign-in sheet

II. COMMITTEE BUSINESS
Presentation, with Q&A session, by State and Honolulu City & County, on Condominium Regime for Agricultural lands, Subdivision of Agricultural lands, and Department of Planning and Permitting requirements.
Questions and Answers:
1. How many City zoning inspectors are there? Twelve, and each has a specific area.
2. What is the penalty for zoning violations? $50.00 per day until abated.
3. How can a subdivision be done? Site tenants or condominium owners would ‘hui up,’ all sign, do
a survey for each lot, among other requirements.
4. What does DPP do to enforce its rules on violators, and why are so many violations continuing? Answer: DPP is trying to figure out how to do better enforcement.
5. What are the requirements for a subdivision? Answer: buildings have to be to code, and rules can be found on website.
6. What is a P.U.D.? Answer: Under State Statute 421J an HOA (Homeowners Association) is not a condominium, each owner has a separate parcel.
7. How can farm workers live on the land? Answer: Zoning does not address the issue.
8. What is an ‘Ag Cluster’? Answer: Up to six structures on a parcel.
9. What is the difference between CPR and a Subdivision? Answer: CPR lots are not owned separately from the entire lot and are subject to the declarations and by-laws of the condominium. In a subdivision each lot is separately owned and subject only to general County ordinances.
10. What if option to buy is no longer available as developer has died and never did the subdivision. Answer: The Department of Planning and Permitting has no authority regarding private contracts. Look at the contract remedies provided in the document. If a realtor or broker was involved there may be some recourse with the DCCA’s RICO investigators and attorneys with authority over the realtor and broker licensing. But contractual remedies would be the priority.

Neighborhood Chair Pahinui addressed the attendees saying the purpose of this meeting is to provide information on the CPR and Subdivision processes. The government cannot help with private contract matters.
11. Does DPP require traffic studies and improvements? Answer: yes, for larger parcels or developments.

12. How does DPP regulate a barn structure? Answer: Agricultural buildings ae not subject to building permits but may have to meet Shoreline Management Area or flood zone requirements. Chair Achiu stated that she believes the square foot maximum would apply, 1,000 SF.

A local engineer noted that wastewater management is a huge issue for farm lots, with his local firm gets calls every day about this, does one hundred wastewater plans a year, and noted that many sites.
above the ‘pass line’ may require ‘evaporative’ systems with percolation and evaporation facilities
up to 30,000 square feet in area, or even a more costly wastewater treatment facility.

13. What about Ag Clusters and farm workers’ housing? Answer: DPP Planners will confer with you.
14. What is the process for doing CPR? Answer: suggest going to DPP first before spending time and money on a CPR declaration.
15. Does it take 8 weeks to get CPR? Answer: only after a complete CPR report has been provided does the DPP do a review which takes 8 weeks. The developer or consultant preparing the report may take an unknown amount of time. And it is Important to note that all owners must sign a declaration.
16. What agencies participate in a review of CPR, and of Subdivision? Answer: On Ag2 DPP reviews. Note that CPR is an ownership matter, not a land use matter.

Honolulu City and County Councilman Matt Weyer addressed the meeting, thanking all for attending and saying he appreciates hearing everyone at the meetings as he seeks to understand what the consensus of concerns in order is to properly represent these concerns in the Council.

Agriculture Committee Chair Racquel Achiu addressed the meeting saying the Committee called this Special Meeting as your opportunity for questions and answers on CPR and Subdivision matters. She related her own experience with inspectors and compliance on an agricultural lot. All are reminded that private contract matters are not the Neighborhood Board’s kuleana. All were thanked for taking the time to attend, especially the guest presenters from the State and County.

Since there were no further questions, Chair Achiu adjourned the meeting at 7:44 PM.

Draft memorandum for the record prepared by Secretary Boyd Ready