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Board votes to send letter asking Planning Director to answer water-supply questions; subpoena authority discussed
Summary
After concerns that Planning Department comments to the Planning Commission mischaracterized water availability for a private-utility-served development, the board voted 5-0 to draft a letter asking the Planning Director (or a delegate) to respond to specific questions; members discussed—but did not pursue—subpoena power.
Member John Helly told the board he had submitted two documents and repeatedly asked the new Planning Director to appear; the director declined to attend. Helly said a Planning Commission submittal about a five-house proposal along Kaanapali Parkway showed the Planning Department responding that the site is served by a private water utility and that the Department of Water Supply has no jurisdiction, but Helly argued the site lies in an aquifer sector under designation and a meter moratorium could block new meters.
Deputy Corporation Counsel Nahulu Nunokawa advised the board the appropriate next step is a formal letter requesting the director or a qualified delegate to respond to the board's questions; she said the legal process around subpoena authority is complicated but suggested the board can send a formal request. Member Helly moved to draft a letter to the Planning Director that attached the questions and requested a direct response from the director or a delegate; Member Musson seconded and the motion passed with five ayes.
The board asked staff to prepare the draft letter (Member Helly volunteered to draft it) and to include the background materials for the Planning Director's use. The motion requires staff follow-up but did not compel the Planning Director by subpoena at the meeting.
