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HomeMy WebLinkAboutPlanning 102516 MinutesKAUAI PLANNING COMMISSION REGULAR MEETING October 25, 2016 The regular meeting of the Planning Commission of the County of Kauai was called to order by Chair Mahoney at 9:08 a.m., at the Lihu`e Civic Center, Mo`ikeha Building, in meeting room 2A -2B. The following Commissioners were present: Chair Sean Mahoney Ms. Kanoe Ahuna (entered at 9:09 a.m.) Mr. Roy Ho Mr. Wayne Katayama Mr. Kimo Keawe Absent and Excused: Ms. Glenda Nogami Streufert The following staff members were present: Planning Department - Kaaina Hull, Leslie Takasaki; Office of the County Attorney - Deputy County Attorney Jodi Higuchi Sayegusa; Office of Boards and Commissions - Administrator Jay Furfaro, Commission Support Clerk Darcie Agaran Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Mahoney called the meeting to order at 9:08 a.m. ROLL CALL Deputy Planning Director Kaaina Hull: Good morning, Chair and members of the Commission. First item on the agenda is Roll Call. Commissioner Katayama? Mr. Katayama: Here. Mr. Hull: Commissioner Keawe? Mr. Keawe: Here. Mr. Hull: Commissioner Streufert notified us that she would be absent. Commissioner Ho? Mr. Ho: Here. Mr. Hull: Commissioner Ahuna? And Commissioner Mahoney? Chair Mahoney: Here. APPROVAL OF AGENDA Mr. Hull: Next agenda item is the Approval of Agenda. Chair, given that the agenda is relatively lean as far as new agency hearings and general business matters, and the executive session may take some time given the amount of discussion you folks have with the counsel, the Department would recommend moving Agenda Item H to the end of the agenda prior to adjournment. Ms. Ahuna entered the meeting at 9:09 a.m. Chair Mahoney: Okay. Chair will entertain a motion. Mr. Katayama: Chair, move to approve the agenda as amended with Item H being the last item. Mr. Keawe: Second. Chair Mahoney: It's been moved and seconded. Any discussion? Hearing none. All in favor signify by saying aye. (Unanimous voice vote) Opposed? (None) The motion carries 5:0. And for the record, we just want to note that Commissioner Ahuna has arrived. Thank you. MINUTES of the meeting(s) of the Planning Commission Regular Meeting of September 27, 2016 Mr. Hull: The next agenda item is Minutes. The first one being the regular meeting of September 27, 2016. Chair Mahoney: Chair will entertain a motion. Mr. Keawe: Move to approve the minutes of the regular meeting of September 27, 2016. Mr. Katayama: Second. Chair Mahoney: It's been moved and seconded. Any discussion? Hearing none. All in favor say aye. (Unanimous voice vote) Opposed? (None) Motion carried 5:0. Thank you. Regular Meeting of October 11, 2016 Mr. Hull: Next is the meeting minutes for the regular meeting of October 11, 2016. 2 Chair Mahoney: Did everyone have a chance to look at them? Any corrections? Hearing none. The Chair will entertain a motion. Mr. Katayatma: Move to approve meeting minutes for October 11, 2016. Mr. Ho: Second. Chair Mahoney: It's been moved and seconded. Any discussion? Hearing none. All in favor say aye. (Unanimous voice vote) Opposed? (None) Motion carried 5:0. Thank you. RECEIPT OF ITEMS FOR THE RECORD Mr. Hull: The next agenda item is Receipt of Items for the Record. There are no receipt of items for the record. HEARINGS AND PUBLIC COMMENT Continued Agency Hearing Special Management Area Use Pen-nit SMA(U)- 2016 -6 to construct a farm dwelling unit (FDU), garage, agriculture accessory buildings and associated improvements on a parcel located at the tenninus of `Anini Vista Road in `Anini, approx. 900 north of its intersection ,� ith Kithio Highway and further identified as 3471 `Anini Road, Tax Map Key 5 -3- 009:003, CPR Unit 2, affecting a portion of a larger parcel containing a total land area of 12.073 acres = Area K, LLC. [Director's Report received and hearing continued 7;2616, continued 8/23/16.1 Mr. Hull: So moving to Agenda Item F, Hearings and Public Comment. For the first continued agency hearing, Special Management Area Use Pen-nit SMA(U)- 2016 -6 to construct a farm dwelling unit, garage, agriculture accessory buildings, and associated improvements on a parcel located at the terminus of `Anini Vista Road in `Anini, approximately 900 feet north of its intersection with Kuhio Highway and further identified as 3471 `Anini Road, Tax Map Key 5 -3- 009:003, CPR Unit 2, affecting a portion of a larger parcel containing a total land area of 12.073 acres, Area K, LLC. There are no members of the public signed up to testify. Chair Mahoney: Is there any member of the public that would like to testify on this agenda item that hasn't signed up? Seeing none. Mr. Hull: The Department wants to note that the Commission is in receipt of a memorandum from the applicant dated 10/ 19-16 requesting deferral to November 22, 2016, and we can further discuss that at the "New Business" section. Chair'vlahoney: Okay. New Agency Hearing Class IV Zoning Permit Z -IV- 2016 -18 and Use Pen-nit U- 2016 -15 to allow conversion of an existing residence into a bed and breakfast operation on a parcel located along the northern side of Po`ipu Road in Po`ipi►, approx. 250 ft. north of the Kipuka Street /Po`ipu Road intersection and further identified as 2375 Kipuka Street, Tax Map Key 2 -8- 023:040, and containing a total area of 10,570 sq. ft. = Rebecca Smith- Magdaleno. [Director's Report received 7/12/16, hearing postponed 7/26/16, deferred 10/11/16 due to no quorum.] Mr. Hull: The next agenda item is Class IV Zoning Pen-nit Z -IV- 2016 -18 and Use Permit U- 2016-15 to allow conversion of an existing residence into a bed and breakfast operation on a parcel located along the northern side of Po`ipu Road in Po`ipu, approximately 250 feet north of the Kipuka Street /Po`ipu Road intersection and further identified as 2375 Kipuka Street, Tax Map Key 2 -8- 023:040, and containing a total area of 10,570 square feet. Rebecca Smith - Magdaleno is the applicant. The Department has also submitted a memorandum infonning the Commission that the applicant has, again, failed to meet the notice requirements pursuant to Chapter 8 of the Kauai County Code, and there's an inability to, therefore, open the agency hearing. Chair Mahoney: Okay. Mr. Hull: So the next agenda item is Class IV Zoning Pen-nit Z -IV- 2016 - ...excuse me. Oh, no, so Jodi, we cannot take any public testimony given the fact that public notice wasn't met, right? Deputy County Attorney Jodi Higuchi Sayegusa: Well, it's on the agenda, so anyone can talk. Mr. Hull: So, just for posterity sake, we don't have anybody signed up for Rebecca Smith - Magdaleno, Item F.2.a. Chair Mahoney: If there is any member of the public that would like to testify on this agenda item, they may do so. Seeing none. Class IV Zoning Permit Z -IV- 2016 -19 and Use Permit U- 2016 -16 to permit the construction and use of three (3) faun worker housing units total over two separate parcels located in Kapa`a Homesteads, one parcel situated approx. 0.75 mile east of the Hauiki Road / Waipouli Road intersection identified as 5971 Waipouli Road, and the other parcel located along the mauka side of Olohena Road situated approx. 0.5 mile northeast of the Kamalu Road / Olohena Road intersection identified as 5730 Olohena Road, Tax Map Keys 4 -4- 003:045 and 048, and affecting a total area of approx. 8 acres = Steelgrass Farm. LLC. [Director's Report received by Commission Clerk 9/27/16, deferred 10/11/16 due to no quorum.] 51 Mr. Hull: The next agenda item is Class IV Zoning Permit Z -IV- 2016 -19 and Use Permit U- 2016-16 to pen-nit the construction and use of three (3) farm worker housing units total over two (2) separate parcels located in Kapa`a Homesteads, one parcel situated approximately 0.75 mile east of the Hauiki Road %Waipouli Road intersection identified as 5971 Waipouli Road, and the other parcel located along the mauka side of Olohena Road situated approximately 0.5 mile northeast of the Kamalu Road Olohena Road intersection identified as 5730 Olohena Road, Tax Map Keys 4 -4- 003:045 and 048, and affecting a total area of approximately 8 acres. The applicant is Steelgrass Fan-n. The Department also submitted a memorandum to the Commission at the previous Commission meeting stating that the application had actually failed to meet the requirements of applying for a Fann Worker Housing Use Pennit, and that has to do with the fact that unlike regular Use Pen-nits where you just have to meet the various thresholds of an application that is standard, the faun worker housing application has additional standards and criteria that the applicant has to meet prior to the application being accepted. The Department deemed the application complete and did accept it back in July; however, after further research, it identified that the applicant had failed to meet one of those criteria. So the two (2) criteria that are above and beyond the standard Use Pen-nit threshold are the applicant has to demonstrate that his /her property has generated $35,000 of gross sales for the two (2) consecutive years prior to application. The applicant had demonstrated that. The application also has to demonstrate that the proposed faun worker housing unit is going on to a property or CPR unit that has been in agricultural dedication under the Real Property Tax Code prior to August 2010. We have since identified that one of the units that is being proposed on is not even in the agriculture dedication program and the other unit is, in fact, agriculture dedicated; however, that dedication occurred in 2013, which is subsequent to...or after 2010, which is the deadline for dedication. And therefore, this was really an error on the Department's part in accepting this application. In consultation with the County Attorney's Office, we have determined that the application cannot be heard and we will ultimately be refunding in full the processing and filing fees that we took in for the application, so that's essentially where that is at. Chair Mahoney: Okay. So no action can be taken on this. Ms. HiQuchi Sa eegusa: But if there's any public testimony, you still can take that. Chair Mahoney: If any member of the public would like to testify on this agenda item, they may do so. Three (3) minutes. Could you state your name for the record, please? Dick Godbehere: My naive is Dick Godbehere. (Inaudible) 6115 Waipouli Road. I have (inaudible). Chair Mahoney: Could you speak into the microphone, please? Yeah, thank you. Mr. Godbehere: My name is Dick Godbehere and I live at 6115 Waipouli Road. I've owned the property for 25 years, and I object to these people wanting to build these houses right next to my property. We've had personnel from that property in the past come over and steal from us; not the current people on the property, but the prior ones. I can imagine the noise and the sanitary problems that's going to exist. They say they made $35,000 on their operation the past year, and I don't know how they're doing it, unless it's by their tours because their trees are not large and the expense of (inaudible). I don't know how you make $35,000. So I object to it. Chair Mahoney: Okay, thank you. Mr. Godbehere: From a security standpoint, from a sanitation standpoint. And if they want these (inaudible) or whatever they want to build, build them over by their property, not my property. That's what I got to say about it. Chair Mahoney: Okay. Okay, thank you for your testimony. Mr. Hull: The next person signed up is Leilani Sim - Godbehere. Leilani Sim - Godbehere: Morning. Chair Mahoney: Good morning. Ms. Sim- Godbehere: My naive is Leilani Sim - Godbehere and I live at the same property, 6115 Waipouli Road. I also have concerns about having farin worker dwellings on the adjacent property. Our property abuts where they are planning on putting in these farm dwellings, so we. are concerned about privacy issues, security issues, and also noise issues, and also, like, property value issues. It's a big question mark if they had permission to build that? We wanted to know, like, well, how would they access it? Because if they're coming in off of Waipouli, which is what we understand they want to do, there would be a big dust issue because that's a long way in to the back 38 acres. And if they have a lot of people out there, too, then we've had a lot of noise issues because when they are right there, all the sound carries totally over. So those are my concerns for being the direct neighbor. And I understand what you just said, that the whole thing might just be awash right now, which is what we're hoping. But we thought we would just voice our concerns anyway. Chair Mahoney: Okay. Ms. Sim - Godbehere: Okay. Chair Mahoney: Thank you for your testimony. Ms. Sim- Godbehere: Alright, thank you. Chair Mahoney: Are there any other members of the public that would like to testify on this agenda item? Seeing none. Mr. Hull: Okay. And as stated, the application is no longer deemed complete and the applicant cannot qualify to be reviewed for a Farn Worker Housing Permit at this particular property, so ultimately, there is no action necessary. 6 Chair Mahoney: Okay, thank you. GENERAL BUSINESS MATTERS Clerk of the Commission's Recommendation to Refer an Appeal of the Planning Director's Decision Related to the forfeiture of Non - Confonning Use Certificate TVNCU #1368 (Coco Cabana), Cal•ole Theiss, Tax Map Key (4)58005002 Wainiha, Kauai, filed on 8 25 16, to a Hearings Officer (Contested Case Hearing No. CC- 2016 -12)• Request for Delegation of Authority to the Clerk of the Commission to Procure and Appoint a Hearings Officer on Behalf of the Commission for the Instant Appeal. [Deferred 10 11 16 due to no auorum.l Mr. Hull: The next agenda item is—moving to Agenda Item I, General Business Matters. Clerk of the Commission's recommendation to refer an appeal of the Planning Director's decision related to the forfeiture of Non - Confonning Use Certificate TVNCU #1368, Coco Cabana, Carole Theiss, Tax Map Key (4)58005002 Wainiha, Kauai, filed on 08/25/16, to a Hearings Officer, Contested Case Hearing No. CC- 2016 -12, and request for delegation of authority to the Clerk of the Commission to procure and appoint a Hearings Officer on behalf of the Commission for the instant appeal. Chair Mahoney: Okay, so we need a motion. Mr. Hull: So ultimately, this is one of the many enforcement actions that the Department has taken against transient vacation rentals. This one in particular is a transient vacation Non - Confonning Use Certificate holder that failed to meet the renewal criteria, and as such, the Department informed the applicant and landowner that they had to forfeit their TVNCU. After receiving that forfeiture letter from the Department, the applicant has requested to appeal the Planning Director's decision. And ultimately, that appeal is submitted to you folks, and we're just requesting for delegation of authority to the Clerk of the Commission to procure and appoint a Hearings Officer pertaining to this matter. Mr. Katayama: I move that the Contested Case Hearing No. CC- 2016 -12 be handed over to ... given to the Clerk of the Commission to handle [sic] that to a Hearings Officer. Mr. Ho: Second. Chair Mahoney: It's been moved and seconded. Any further discussion? Mr. Katayama: I have a question. What is the standing of our Hearings Officer? Do we have one that can handle this process efficiently and on a timely basis now? Ms. Higuchi Sayegusa: We still have procured and under contract a Hearings Officer that is going to be handling the contested cases at this time. Mr. Katayama: Isn't there an issue on that? Ms. Higuchi Sayegusa: As of now, no. I mean, he's still under contract with us. Mr. Katayama: But his ability to proceed and hearing cases, has that been ... is that still his ability to do so? Ms. Higuchi Sayegusa: He is still under contract to handle just the evidentiary portion of the contested cases. He would be handling the contested case process, and then would transmit a report and recommendation back to you folks for your action and review. Mr. Katayama: Okay. Thank you. Chair Mahoney: Okay, so we have a motion and discussion... we're on. Is there any further discussion on this? Moving on. We did have a second on this, right? Mr. Keawe: Yes. Chair Mahoney: So moved and seconded. Okay. All in favor signify by saying aye. (Unanimous voice vote) Opposed? (None) Motion carried 5:0. Thank you. COi<INIUNICATION (For Action) (NONE) Mr. Hull: The next item is ... well, there is no communication for action. CONLNUTTEE REPORTS Subdivision Mr. Hull: So the next agenda item is Item K, Committee Reports. Subdivision. Subdivision action matters listed in the Subdivision Committee Agenda. Chair Mahoney: Okay. Subdivision Report for this morning. Tentative Subdivision Action [sic] - No. S- 2017 -2, Commercial Properties, TMK: (4) 3 -3 -013: 048 and 049, approved 3:0. Final Subdivision Map Approval - No. S- 2012 -16, The Saiki Family Trust, TMK: (4) 4 -1- 007:007, approved 3:0; Item No. S- 2016 -11, Craig D. and Christine J. Hoglund, approval 3:0, TMK: (4) 2 -6- 014:018. Subdivision Extension Request - Item No. S- 2016 -2, Kukui`ula Development Co LLC, TMK: (4) 2- 6- 015:014, approved 3:0. That was the end of the Subdivision Report. Asking for approval. Mr. Katayama: Move to approve Subdivision Committee's action on the New Business as presented. Mr. Keawe: Second. Chair Mahoney: It's been moved and seconded. Any discussion? Hearing none. All in favor signify by saying aye. (Unanimous voice vote) Opposed? (None) The motion carries 5:0. Thank you. NEW BUSINESS Special Management Area Use Pen-nit SMA(U)- 2016 -6 to construct a fann dwelling unit (FDU), garage, agriculture accessory buildings and associated improvements on a parcel located at the tenninus of `Anini Vista Road in `Anini, approx. 900 north of its intersection with Kuhi6 Highway and fiirther identified as 3471 `Anini Road, Tax Map Key 5 -3- 009:003, CPR Unit 2, affecting a portion of a larger parcel containing g total land area of 12.073 acres Area K, LLC. [Director's Report received and hearing continued 726/16, continued 8%23%`16.1 Mr. Hull: The next agenda item is Item M, New Business for Action. Back to Special Management Area Use Permit SMA(U)- 2016 -6 to construct a fann dwelling unit (FDU), garage, agriculture accessory buildings, and associated improvements on a parcel located at the tenninus of `Anini Vista Road in `Anini, approximately 900 feet north of its intersection with Kuhio Highway and further identified as 3471 `Anini Road, Tax Map Key 5 -3- 009:003, CPR Unit 2, affecting a portion of a larger parcel containing a land area of 12.073 acres. Area K, LLC is the applicant, and there was a memorandum from the applicant dated 10/19/16 requesting deferral to the November 22, 2016 meeting. I believe the Applicant's representative is here. Chair Mahoney: Okay. Could you state your name for the record, please? Max Graham: Good morning, Planning Commission Members. I'm Max Graham. I represent the applicant in this matter and that's Area K, LLC. We had asked for a deferral to this meeting date, but we are still not prepared to go forward. We are working on the site plan. We are working to finalize the landscaping plan and also the ag plans. So we would like to defer this matter to the second meeting in November, which I believe is November 22 "d, and we will waive all time requirements. Chair Mahoney: Okay. Mr. Hull: So, Max, just to be clear, for the purpose of this application, you are waiving the time requirements as set for Special Management Area Use Pen-nits under the Administrative Rules for Special Management Permits? Mr. Graham: Yes, we are. Mr. Hull: Thank you. Chair Mahoney: Are there any questions for the applicant? Hearing none. Chair will entertain a motion. 9 Mr. Keawe: Move to defer to September 22`1 Special Management Area Use Permit SMA(U)- 2016-6 to construct a faun dwelling at 3471 `Anini Road, Tax Map Key 5 -3- 009:003, CPR Unit 2. Ms. Higuchi Sayegusa: Sorry. Was that September or November 22 "d. Mr. Keawe: November. Did I say September? Ms. Higuchi Sayegusa: Yes. Mr. Keawe: Sorry. November. Chair Mahoney: November 22nd Mr. Katayaima: Second. Chair Mahoney: It's been moved and seconded. Any discussion? Hearing none. All in favor signify by saying aye. (Unanimous voice vote) Opposed? (None) Motion carries 5:0. Thank you. Mr. Graham: Thank you very much. Chair Mahoney: Thank you, Max. Mr. Hull: Thank you, Chair. As previously discussed, the other two (2) agenda items that would be under New Business, which would be the Rebecca Smith - Magdaleno homestay application and the Steelgrass Fann Farm Worker Housing Use Permit application, neither can be heard. One because of the fact that they failed to meet the public notification requirements. The other because it does not meet the criteria to apply for a Farm Worker Housing Use Pen-nit. So those would no longer need action or discussion. Chair Mahoney: Okay. ANNOUNCEMENTS Topics for Future Meetings The following scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter at the Lihu`e Civic Center, Mo`ikeha Building, Meeting Room 2A -213, 4444 Rice Street, Lihu`e, Kauai, Hawaii 96766 on Wednesday, November 9, 2016. Mr. Hull: The next agenda item is Announcements. Topics for future meetings and the upcoming Planning Commission meeting. Right now on the agenda, it has it scheduled for Wednesday, November 9, 2016. There are no pen-nit applications or proposed requests for amendments at this time within the Department that would warrant a November 9"' meeting. If C the Commission would like to wait until the following November 22"d meeting, that is fine; however, any updates that the Commission needs or wants prior to then, we can have a November 9"' meeting. Chair Mahoney: Commissioners, any comment? Mr. Katayama: Chair, I would like to see if we can get an update on the TIGER Grant status; whenever the agenda allows for that. Chair Mahoney: Okay. And... Mr. Katayama: And also, maybe the GP update. And again, basically on the agenda. Chair Mahoney: Okay. And we have a request from Commissioner Ho for information on Councilmember Arryl Kaneshiro's Bill, if that could be on the next agenda. Mr. Hull: And just for clarification, Commissioner, you're referring to Councilmember Kaneshiro's Bill pertaining to multi - family housing units within the R -6 and lower designation? Mr. Ho: R -1 through R -6, yes. Mr. Hull: Okay. Chair Mahoney: Thank you. Mr. Hull: Just as an FYI, the Planning Committee hearing for that is tomorrow, but... (Laughter in background) So the Department will be there, but (laughter) we'll definitely provide an update for you folks at the next Planning Commission meeting. Chair Mahoney: Thank you. Okay, so... EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes sections 92 -4, 92- 5(a)(4), the purpose of this executive session for the Planning Commission is to consult with the County's legal counsel on questions relating to Robert D. Ferris Trust v. Planning Commission of the County ofKaua `i, et al., No. CAAP -15- 0000581, Appeal from Circuit Court of the Fifth Circuit (Civil No. 12 -1- 0349). This consultation involves consideration of the Commission's powers, duties, privileges, immunities, and/or liabilities with regard to this agenda item. (Deferred 10/11/16 due to no quorum.] Pursuant to Hawaii Revised Statutes sections 92 -4 and 92- 5(a)(4), the purpose of this executive session is to consult with County's legal counsel on questions, issues, status and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and /or liabilities of the Commission and the County as they related to Civil No. 12 -0065 SOM -KSC, US District Court Hawaii, Special Management Area Use Permit SMA(U)- 2006 -4, Project Development Use Permit P.D. U- 2006 -6 and Class IV Zoning Permit Z -IV- 2006 -9, Tax Map Keys 4 -3 -2:15, 16 and 20, Waipouli, Kauai = Coconut Beach Development, LLC. Ms. Higuchi Save Lg isa: Okay. Chair, we are on Item H, Executive Session. I'll read the two (2) items. Pursuant to Hawaii Revised Statutes sections 92 -4, 92- 5(a)(4), the purpose of this executive session for the Planning Commission is to consult with the County's legal counsel on questions related to Robert D. Ferris Trust v. Planning Commission of the County of Kauai, et al., No. CAAP -15- 0000581, appeal from Circuit Court of the Fifth Circuit, Civil No. 12 -1 -0349. This consultation involves consideration of the Commission's powers, duties, privileges, immunities, and /or liabilities with regard to this action [sic] item. Also on the agenda, Executive Session Item H.2., pursuant to Hawaii Revised Statutes sections 92 -4 and 92- 5(a)(4), the purpose of this executive session is to consult with the County's legal counsel on questions, issues, status, and procedural matters. This consultation involves consideration of the powers, duties, privileges, immunities, and /or liabilities of the Commission and the County as they relate to Civil No. 12 -0065 SOM -KSC, US District Court of Hawaii, Special Management Area Use Permit SMA(U)- 2006 -4, Project Development Use Permit P.D. U- 2006 -6, and Class IV Zoning Permit Z -IV- 2006 -9, Tax Map Keys 4 -3 -2 Parcels 15, 16, and 20, Waipouli, Kauai, Coconut Beach Development, LLC. Recommend a roll call vote to go into exec session. Mr. Hull: And if I could also interject that adjournment to follow. Ms. Higuchi Savegusa: Yes. Chair Mahoney: Okay. Ms. Higuchi Savegusa: We need a ... I'm sorry. Just to clarify, we need a motion to go into executive session and adjournment immediately following our executive session discussion, and recommend a roll call vote for that. Chair Mahoney: Okay. Mr. Ho: Move to go into executive session. Chair Mahoney: With... Ms. Higuchi Savegusa: With adjournment at the end. Chair Mahoney: With adjournment following. Mr. Ho: With adjournment to follow. 12 Chair Mahoney: Okay. Mr. Katayama: Second. Chair Mahoney: Okay. It's been moved and seconded. Roll call vote. Mr. Hull: Commissioner Katayama? Mr. Katayama: Aye. Mr. Hull: Commissioner Keawe? Mr. Keawe: Aye. Mr. Hull: Commissioner Ho? Mr. Ho: Aye. Mr. Hull: Commissioner Ahuna? Ms. Ahuna: Aye. Mr. Hull: Commissioner Mahoney? Chair Mahoney: Aye. Mr. Hull: Unanimous, Chair. (Motion carries 5:0) Chair Mahoney: Okay, so we'll go into executive session. The Commission recessed this portion of the meeting at 9:33 a.m. The meeting resumed in executive session at 9:51 a.m. ADJOURNMENT Chair Mahoney adjourned the meeting at 11:02 a.m. Respectfully submitted by: arcie Agaran, Commission Support Clerk 13 ( ) Approved as circulated (add date of meeting approval) ( ) Approved as amended. See minutes of meeting. 14