HomeMy WebLinkAboutpc 7-24-18 minKAUA'I PLANNLNG COMMISSION
REGULARMEETING
July 24,2018
The regular meeting ofthe Planning Commission ofthe County ofKaua'i was called to order by
Chair Apisa at 9:00 a.m.,at the LIhu'e Civic Center,Mo'ikeha Building,in meeting room 2A-
2B.The following Commissioners were present:
Chair Donna Apisa
Vice Chair Glenda Nogami Streufert
Mr.Roy Ho
Mr.Kimo Keawe
Mr.Sean Mahoney
Absent and Excused:
Ms.Kanoe Ahuna
The following staffmembers were present:Planning Department -Director Michael Dahilig,
Chance Bukoski,Jody Galinato,Shanlee Jimenez;Office ofthe County Attomey -Deputy
County Attorney Jodi Higuchi Sayegusa;Office ofBoards and Commissions -Administrator
Nicholas R.Courson (eniered ai 9:26 a.m.),Commission Support Clerk Darcie Agaran
Discussion ofthe meeting,in effect,ensued:
CALL TO ORDER
Chair Apisa called the meeting to order at 9:00 a.m.
ROLL CALL
Plamiing Director Michael Dahilie:Commissioner Ahuna.Commissioner Ho.
Mr.Ho:Here.
Mr.Dahilig:Vice Chair Streufert.
Ms.Noeami Streufert:Here.
Mr.Dahilig:Commissioner Mahoney.
Mr.Mahoney:Here.
Mr.Dahilig:Commissioner Keawe.
Mr.Keawe:Here.
Mr.Dahilie:Chair Apisa.
ChairADisa:Here.
Mr.Dahilig:Madame Chair,you have five members present this moming.
APPROVAL OF AGENDA
Mr.Dahilie:The Department would recommend,under Item C,that the Coinmission approve
the agenda as is this moming.
Ms.Nogami Streufert:I move to approve the agenda as written.
Mr.Keawe:Second.
ChairApisa:Allinfavor?(Unanimous voice vote)Anyopposed?CNone)Motioncarried 5:0.
Mr.Dahilig:Thank you,Madame Chair.
MINUTES ofthe meetine(s)ofthe Plannins Commission
Meetine ofJune 26.20L8
Mr.Dahilie:We are on Item D.This is the minutes ofthe June 26,2018,Planning Commission
meeting for your approval.
Mr.Keawe:Move to approve the minutes ofthe June 26,2018,meeting.
Mr.Mahoney:Second.
ChairApisa:Allinfavor?(Unanimous voice vote)Anyopposed?(None)Motion carried 5:0.
Mr.Dahilig:Thank you,Madame Chair.
RECEIPT OF ITEMS FOR THE RECORD
Mr.Dahilie:We are on Item E.This is receipt of items for the record.We do have a
supplemental item that was circulated,which is a letter,July 24,2018,on the Class IV Zoning
Permit Z-IV-2018-9 and Use Permit U-2018-8 from Les (Inaudible)in support ofthe application.
Other than that,the Department would recommend receiving this for the record.
Mr.Mahonev:Chair,move to receive this item for the record.
Mr.Keawe:Second.
ChairApisa:Allinfavor?(Unanimous voice vote)Anyopposed?(None)Motioncarried 5:0.
Item is received for the record.
Mr.Dahilig:Thank you,Madame Chair.
HEARINGS AND PUBLIC COMMENT
Mr.Dahilig:We are on Item F.This is the hearings and public comment period.
Continued Aeency Hearing
Mr.Dahilig:We have no continued agency hearings under Item F.1.
New Agency Hearing
Class IV Zoning Permit Z-IV-2018-9.Use Permit U-2018-8 and Soecial Permit SP-2018-
4 to allow operation of a small engine repair facility on a parcel along the westem side of
Kawaihau Road in Kapahi,further identified as 5859 Kawaihau Road,Tax Map Key:(4)
4-6-011:061,and affectine a portion of a parcel containing 43.560 sg.ft.=Spencer
Asuiar dbaS &S Speed Shop.fDirector's Report received by Commission Clerk
7/10/18.1
Mr.Dahilie:Item F.2.-we do have a new agency hearing.This is for Class IV Zoning Permit
Z-IV-2018-9,Use Permit U-2018-8,and Special Permit SP-2018-4.This is to allow the
operation of a small engine repair facility on a parcel along the western side of Kawaihau Road
in Kapahi,further identified as 5859 Kawaihau Road,Tax Map Key:(4)4-6-011 Parcel 061,and
affecting a portion ofa parcel containing 43,560 square feet.The applicant is Spencer Aguiar,
doing business as S &S Speed Shop.There was a Director's Report that was received by the
Commission Clerk under commission authority on 7/10/18.
Madame Chair,the Department would recommend opening this agency hearing at this time.
Chair Apisa:We will open the agency hearing.
Mr.Dahilie:Madame Chair,we do not have anybody signed up to testify at this agency hearing.
The Department would recommend making a final call for any ofthose that would wish to testify
for this particular hearing and close the agency hearing at this time.
Chair Apisa:Is there anyone here wishing to testify on this new agency hearing?Seeing none,a
motion to close the...
Ms.Noeami Streufert:I move to close the open hearing.
Mr.Mahoney:Second.
ChairApisa:All in favor?(Unanimous voice vote)Anyopposed?CNone)Motioncarried 5:0.
Mr.Dahilig:Thank you,Madame Chair.
Class IV Zoning Permit Z-IV-2018-10 and Variance Permit V-2018-3 to deviate from the
requirement to provide curbs,gutter,and sidewalks for a subdivision with the Residential
(R-4)zoning district,as prescribed by Section 9-2,3fe)_ofthe Kaua'i Countv Code 0987)
as amended,involving a parcel situated on the southern side of Kuhio HighwaYJn
Hanama'ulu Town.approx.350 ft.west ofthe Laukona Street/Kuhio Highway
intersection and immediately adjacent to property identified as 4485 Laukona Street.Tax
Map Kev:f4)3-7-006:097,and affecting a total area of 82.880 sa.ft.=Neil B.&Desiree
A.Fagarane.FDirector's Report received by Commission Clerk 7/10/18.1
Mr.Dahilig:We are on Item F.2.This is the New Agency Hearing again,under F.2.b.-Class
IV Zoning Permit Z-IV-2018-10 and Variance Permit V-2018-3.This is to deviate from the
requirements to provide curbs,gutters,and sidewalks for a subdivision within the R-4 Zoning
District as prescribed pursuant to Section 9-2.3(e)ofthe Kaua'i County Code 1987,as amended,
involving a parcel situated along the southern side ofKuhio Highway in Hanama'ulu,
approximately 350 feet west ofthe Laukona Street/Kuhio Highway intersection and immediately
adjacent to the property identified as 4485 Laukona Street,Tax Map Key:(4)3-7-006 Parcel
097,and affecting a total area of 82,880 square feet.The applicants are Neil B.and Desiree A.
Fagarang.There is a Director's Report received by the Conunission Clerk under authority on
At this time,the Department would recommend opening the agency hearing for this matter.
Chair Apisa:We will open this new agency hearing.
MT.Dahilig:Madame Chair,the Department does not have anybody signed up to testify at this
agency hearing.Given that there's no one to testify for this,the Department would recommend
making a final call for any persons that wish to testify and close the agency hearing at this time.
Chair Apisa:Is there anyone here wishing to testify?Seeing none,a motion to close-
Mr.Mahonev:Chair,move to close the agency hearing.
MrJS.eawe:Second.
ChairApisa:Allinfavor?(Unanimous voice vote)Anyopposed?CNone)Motioncarried 5:0.
Mr.Dahilig:Thank you,Madame Chair.
Continued Public Hearing
New Public Hearing
All remainine public testimonv pursuant to HRS 92 CSunshineLaw)
CONSENT CALENDAR
Status Reports
Director's Report(s)for Projectfs)Scheduled for Agencv Hearing.
Mr.Dahilie:Under Item G,the Consent Calendar,we do not have any Status Reports or any
Director s Reports or projects scheduled for agency hearing,which will move us on to Item H.
EXECUTIVE SESSION
Mr.Dahilie:This is Executive Session.There is no executive session scheduled for today's
meetmg.
GENERAL BUSINESS MATTERS
Clanficationofthe Clerk ofthe Commission's Authority to Referthe Appeal ofthe
Plannine Director's Decision Related to the Forfeiture ofNon-Conforming Use
Certificate TVNCU #4235,Elizabeth andStephen Rieotti (Hale Hoku)for Failure to
Timelv Renew.Tax Mao Kev W 58008045.Hanalei.Kaua'i.received on Mav 18.2018
via email CContested Case Hearing No.CC-2018-3)to the Office ofBoards and
Commissions to Procure and Aripoint a Hearines Officer on Behalfofthe Planning
Commission for the Instant Appeal.[6/26/181
Clarification ofthe Clerkofthe Commission's Authority to Refer the Appeal ofthe
Planning Director's Decision Related to the Planning Director's Notice ofViolation &
Order to Pav Fines for the continued oueration of an unpemiitted homestav.Steven and
Eddi Henrv.Tax Map Key (4)49011038.Moloa'a.Kaua'i.received on June 1.2018 via
email ('Contested Case Hearing No.CC-2018-4)to the Office ofBoards and
Commissions to Procure and ApDomt a Hearings Officer on B^halfofthe Planning
Commission for the Instant Appeal.F6/26/181
Mr.Dahilie:Item I -this is General Business Matters.Item 1.1....and I would actually suggest,
maybe,taking Items 1.1.and (I.)2.together,Madame Chair,and this is regarding clarification of
the Clerk's authority to refer (the)appeal ofthe Planning Director's decision related to the
forfeiture ofNon-Conforming Use Certificate TVNCU #4235 at Tax Map Key (4)58008045,as
well as,I guess,a matter relating to a violation and Order to Pay Fines for Steven and Eddi
Henry under Tax Map Key (4)49011038 in Moloa'a.These are both requests to procure and
appoint a Hearings Officer on behalfofthe Planning Commission for the appeals.
Chair Apisa:So do we need a motion to consolidate?
Mr.Dahilis:Madame Chair,I guess under these...not necessarily for consolidation,just to refer
both ofthese matters.
Chair Aoisa:Do we need a motion?
Mr.Dahilie:I guess it's our recommendation that the Commission does refer these over to the
Commission Clerk to appoint the Hearings Officer.
Chair Apisa:I guess we would require a motion,then,to refer these to the Hearings Officer.
Deputv Countv Attornev Jodi Hieuchi Saveeusa:Just to further clarify,again,I think these
matters were on a previous Commission agenda and it was previously provided...you folks
previously provided the Clerk the authority to procure and appoint a Hearings Officer,but now
the Office of Boards and Commissions will be handling prociiring and contracting with Hearings
Officers for all ofthe Boards and Commissions'needs.So should there ever be a contested case
needed across the board for any boards and commissions,including the Planning Commission,
the (Office of)Boards and Commissions will be the one to undergo the procuring and hiring of
that.So this is just a clarification because previously you folks directed the Clerk ofthe
Commission to do the procuring and appointing.So instead,it'sjust to clarify and request you
folks to provide the Clerk the authority to transfer these cases for the Contested Case to the
Office ofBoards and Commissions.
Ms.Noeami Streufert:May I ask a question?This Steven and Eddi Henry case -hasn't that
already been submitted to Mr.Kimura earlier?
Ms.Hieuchi Savegusa:I do not believe so.Oh,Chair,it is up to you ifyou wanted to clarify.
Mr.Barrv Edwards:I represent Mr.and Mrs.Henry.
Chair Apisa:Sure,go ahead.
Mr.Edwards:I realize it may sound...and it is confusing,but-
Chair Apisa:Oh,ifyou couldjust state your name for the record.
Mr.Edwards:Oh,I'm sorry.I am Barry Edwards.I am here on behalf of Steven and Eddi
Henry,who are the people that are involved with Item (I.)2.that Mr.Dahilig was just describing.
They are scheduled to have a contested case on August 20 ;that is scheduled with Nadine Ando.
Ms.Ando...we all agreed to have her go ahead and have the Contested Case.I know there are
other people that are on appeal and that disqualification matter which occurred sometime ago;I
think that's where you remember it.
Ms.Nogami Streufert:Right,the 12 or 13.
Mr.Edwards:Right.Wepulledout ofthat.
Ms.Nogami Streufert:I see.
Mr.Edwards:And we decided to move forward and have the Contested Case with Ms.Ando.
After that was scheduled and everybody's getting ready for the Contested Case,this new matter
came out from the Planning Department and we appealed it,and the Planning Department agreed
that it should be referred to a Hearings Officer.We also agreed with the County Attomey's
Office by stipulation -and I believe that was filed with you folks,I know that you received a
copy ofit -that this appeal go to Ms.Ando because it's part and parcel ofthe same basic
contested issues.So that's what's happening,and I hope that answers your question.
Ms.Noeami Streufert:So the Contested Case is before Judge Ando or-
Mr.Edwards:Before Hearing Officer Ando.It is scheduled to begin the week of August 20
and we've stipulated with the County Attomey's Office to have this particular appeal on Item
(I.)2.also sent to Ms.Ando.I don't know how that affects the new procedure that you are
talking about,but that's where we are.
Ms.Higuchi Savegusa:Okay.
Mr.Edwards:Is that-
Ms.Higuchi Saveeusa:Suffice it to say,I guess the clarification for you folks is to empower the
Clerk to refer the matter to...I guess,by stipulation,the parties are both...is that correct,the
Department's attorney?
Mr.Edwards:This is Sinclair.
Deputy Countv Attomev Sinclair Salas-Fereuson:Deputy County Attomey Sinclair Salas-
Ferguson.For the Henry case,the County,as was just said,we agreed that it would make sense
to have both the Heury appeals with the same Hearings Officer,and there is no issue of a conflict
with the Planning Department and the Planning Commission in these specific cases.
Ms.Hieuchi Savegusa:Okay.So perhaps it's clearer to take Item 1.1.separately from 1.2.and
go from there.Again,I guess (Item)1.1.would be to clarify and empower the Clerk to refer the
mattertothe Office ofBoards and Commissions,and then Item 1.2.would beto...pursuantto the
stipulation ofthe parties,for this matter to be consolidated with the Contested Case that's already
underway before Hearing Officer Nadine Ando.
Mr.Dahilig:Commissioners,just for a little bit more clarification,we are undergoing a bit of a
transition period just because,as you are aware,in previous Contested Case Hearings there has
been a concern about the level ofadministrative oversight that my office -even though we are
firewalled -has over the contracts and the paymeut for the Hearings Officer because it comes
out ofthe Commission's budget and the Commission's budget ultimately falls under our
department for utilization.
What's happened in this past budget cycle is that the money for your Hearings Officer has been
pushed over to the Office of Boards and Commissions.However,there are still contracts that
remain...that are with our department for management ofthose contracts for which there are
cases that are still ongoing.So as the Deputy County Attorney is mentioning under Item 1.2.,for
efficiency purposes and a stipulation -and as much as there is a request for it not to go to the
Hearings Officer -what they are asking for is for it to actually be consolidated with a case that's
in a contract ciirrently under management with our firewalled portion ofthe office;whereas the
first one,that one would steer over to this new procedure.
So we are in a bit of a transition period right now.We are just trying to make clear that any
appearance,or even suggested appearance,of conflict is absolved by the Boards and
Commissions Office handling the financial matters related to the payment ofthe Hearings
Officers.
ChairApisa;Kimo.
Mr.Keawe:So this is exclusive just to these two cases?
Mr.Dahilig:It is exclusive,actuallyjust to (Item)1.1.
Mr.Keawe:1.1.
Mr.Dahilig:(Item)1.1.is going to the Hearings Officer-
Mr.Keawe:Right.
Mr.Dahilig:-via the Boards and Commissions Office.
Mr.Keawe:Right.
Mr.Dahilig:(Item)1.2.is going to go a Hearings Officer that has already been procured for a
previous matter,but because it's the same party,they want to consolidate.
Mr.Keawe:That part I understand.My concem is...so these were unique cases with regard to
the Office of Boards and Commissions procuring and appointing a Hearing Officer.
Mr.Dahilie:I wouldn't use the word "unique"in the sense that already...that will be the
procedure going forward.
Mr.Keawe:That was my question.
Mr.Dahilig:Yes.
Mr.Keawe:So is this going to be a new procedure going forward?
Mr.Dahilie:The new procediire going forward is that all the requests for delegation to appoint
and procure are going to be vested with the Administrator ofthe Office ofBoards and
Commissions.
Chair Apisa:Any other questions on this?
Mr.Mahoneyi No.
Chair Apisa:Are we ready to have a motion?I think we are going to separate them and take
(Item)I.l-
Mr.Mahonev:Chair,on Item 1.1.-Elizabeth and Stephen Rigotti,Hale Hoku -1 move to grant
authority to the Office of Boards and Commissions and appoint a Hearing Officer on behalf of
the Planning Commission for the appeal.
Ms.Noeami Streufert:Second.
Chair Apisa:Okay,we have a motion on the floor.All in favor?(Unanimous voice vote)Any
opposed?(None)Motioncarried 5:0.
And then (Item)1.2.
Ms.Nogami Streufert:This one is to consolidate the two cases,is that correct,before the same
Hearings Officer?
Mr.Dahilig:Maybe just to clarify one more time with the parties in front ofthe Commission
that that is the action that they are requesting.
Mr.Edwards:Yes,that is the action.Actually,I thought it was approved last month.
Chair Apisa:I don't think it was on the agenda last month.
Ms.Higuchi Sayegusa:Not the new matter.
Mr.Edwards:Okay.
Ms.Higuchi Saveeusa:I don't think.
Chair Apisa:So we need to have a motion.Is anyone prepared to make that?Jodi,any help
with formulating it?
Ms.Higuchi Saveeusa:Sure.I guess the motion would be to consolidate this matter with the
pending matter before Hearing Officer Nadine Ando.
Mr.Keawe:So...go ahead.
Ms.Nogami Streufert:I'm sorry.Because we also have the letter from the Hearings Officer...
Ms.Hieuchi Saveeusa:That's for Item (I.)3.
Ms.Nogami Streufert:Right.Does that mean that she will accept this?Because it is adding to
her caseload.
Ms.Higuchi Saveeusa:I think we can-
Mr.Keawe:According to Mr.Edwards,they had already agreed to an August 20 hearing.Is
that correct,Mr.Edwards?WithNadine Ando.
Mr.Edwards:We stipulated with the County Attomey's Office.We filed that stipulation with
the Clerk and with all the folks over here,and we copied Ms.Ando.It is actually part and parcel
ofthat case.I can't imagine that she'd say no,but she needs to be told that it's been assigned to
her.
Ms.Hieuchi Saveeusa:Right.Okay.
Mr.Dahilie:If we end up with any objections,then we will bring it back to the Commission
for-
Ms.Higuchi Savegusa:We can bring it back,yes.
Mr.Edwards:It's not going to be a problem for us.
Mr.Dahilie:We are talking about for the Hearings Officer.So administratively,ifwe have
anything,we will bring it back to the Commission.
Mr.Salas-Fereuson:Yes,I see it (as)ifshe can't take it,then it would be forwarded back to the
Commission and then forwarded to the Boards and Commissions (Office)for a new hearing.
Mr.Dahilig:We would ask for that authority.
Ms.Noeami Streufert:I move to consolidate the Steven and Eddi Henry,Tax Map Key (4)
49011038,Moloa'a,Kaua'i,Contested Hearing Case No.CC-2018-4 to the original Contested
Case that is before the Hearings Officer Nadine Ando;should that not work,then we would
approve that the Office ofBoards and Commissions would procure and appoint a different
Hearings Officer as required.
Mr.Mahonev:Second.
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Chair Apisa:We have a motion on the floor.All in favor?(Unanimous voice vote)Any
opposed?(None)Motioncarried 5:0.
Mr.Dahilie:Thank you,Madame Chair.
Letter_(7/13/l,8)JTom Nadine Y.Ando,Esa..to respectively withdraw from serving as the
appointed Hearines Officer related to Alexandra Falk (CC-2017-2;CC-2017-3)and
Patricia McConnell fCC-2017-4).
Mr.Dahilie:And on that note,Item No.1.3.-this is a letter from Nadine Ando,our Hearings
Officer,notifying that she is withdrawing from Contested Cases CC-2017-2,2017-3,and CC-
2017-4.I guess my suggestion,Madame Chair,would be to have these matters referred over to
the Boards and Commissions Office for its review and how they want to handle this item.
Mr.Keawe:Oh,I m sorry.What was the suggestion,Mike?I'm sorry.To-
Mr.Dahilig:Tojust refer this over to the Boards and Commissions Office.
Mr.Keawe:This specific item?
Mr.Dahilig:Specific item,and have them come back with a request.
Mr.Keawe:All right.I'll move to refer the letter of 7/13/18 from Nadine Ando to the Office of
Boards and Commissions and have them determine future action with regard to the letter.
Chair Apisa:So to clarify,yes...
Ms.Higuchi Savegusa:Just to clarify,the letter is withdrawing from two cases,so really,
required is-
Mr.Dahilig:Its three cases.
Ms.Higuchi Savegusa:Three cases,I'm sorry,three cases.So to refer the three cases to the
Office of Boards and Commissions.
Mr.Keawe:Okay,so I will rephrase (inaudible).For the three cases that were previously
mentioned.
Chair Aoisa:So we are referring the three cases -CC-2017-2,-3,and -4 -to the Boards and
Commissions (OfSce).
Mr.Keawe:Right.
Mr.Mahoney:Second the motion.
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Chair Apisa:Is everyone clear on that?All in favor?(Unanimous voice vote)Any opposed?
(None)Motioncarried5:0.
Mr.Dahilig:Thank you,Madame Chair.
COMMUNICATION (For Action)
Mr.Dahilie:We are on Item J.This is Commumcation.We have none for action this morning.
COMMITTEE REPORTS
Subdivision
Mr.Dahilig:Under Item K,this is Committee Reports.We do have a Subdivision Committee
Report that s circulated for everybody's review.
Chair Apisa:A motion to approve the Subdivision Committee Report?
Mr.Keawe:Move to approve the Subdivision Committee Report.
Mr.Mahoney:Second.
ChairApisa:Allinfavor?(Unanimous voice vote)Anyopposed?(None)Motioncarried 5:0.
Mr.Dahilig:Thank you,Madame Chair.
UNFINISHED BUSINESS (Tor Action)
Mr.Dahilie:We are now on Item L.This is Unfmished Business.We have none for action this
moming.
NEW BUISNESS
Class IV Zoning Permit Z-IV-2018-9.Use Permit U-2018-8 and Special Permit SP-2018-
4 to allow ooeration of a small engine repair facility on a parcel along the western side of
Kawaihau Road in Kapahi,further identifiedas 5859 Kawaihau Road.Tax Map Kev:(4)
4-6-011:061.andaffectineaportionofaparcelcontainine 43,560 sq.ft.=Spencer
Aeuiar dba S&S Sveed Shop.FDirector's Report recejved bv Commission Clerk
7/10/18.1
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Mr.Dahilig:Item M,New Business.We do have two matters given the closure ofthe agency
hearings.This is for action on Item F.2.a.,Class IV Zoning Permit Z-IV-2018-9,Use Permit U-
2018-8,and Special Permit SP-2018-4 at TMK (4)4-6-011 Parcel 061.
Madame Chair,Jody Galinato will be providing the report on behalfofthe Department.
StaffPlanner Jodv Galinato:Good morning,Madame Chair and members ofthe Conunission.
Ms.Galinato read the Project Description and Use,Additional Findings,and Preliminary
Evaluation sections ofthe Director's Report for the record (on file with the Plamiing
Department).
Ms.Galinato:I will hold offfor the Preliminary Conclusion.
Chair Apisa:Thank you.
Mr.Keawe:I have a question.Jody,so the Zoning,Use,and (Special)Permit applications are
basically a remedy for the violation?
Ms.Galinato:Yes,they are.
Mr.Keawe:Okay.
Chair Apisa:Any other questions?
Ms.Nogami Streufert:Yes.It was stated that it was 13 percent ofthe property that was used for
thisparticular...
Ms.Galinato:The 13 percent also includes any ofthe paving,too.
Ms.Nogami Streufert:Right.
Ms.Galinato:The building,I believe,ifl remember right,is 5,000 square feet.
Ms.Nogami Streufert:Yes.
Ms.Galinato:And that's where all the use is to be conducted.
Ms.Nogami Streufert:And it said that it's 13 percent of the existing 1.011 -acre condo unit,
leaving most ofthe land available for agriculture.So is this permit or are these permits for the
entire lot or is itjust for that particular area where you already have a building?
Ms.Galinato:It is just for the Unit 1 ofthe CPRand it'sjust...theuseis onlyforwithinthe
building.The parking would be required because ofthe use,but that's all.
Ms.Noeami Streufert:So the Use Permit is just for that building,it is not for the entire 1.011 ?
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Ms.Galinato:No,it's just for the building.It does go over the land,but the use is to be
conducted within the building.
Ms.Nogami Streufert:And the violation was because...I'm sorry,that was not in here -as to
what the violation was.
Ms.Galinato:The violation,as I know,was due to a neighbor complaint.
Ms.Nogami Streufert:Which has been mitigated at this point?
Ms.Galinato:With the submittal ofthis application and the public hearing,yes.
Mr.Dahilie:Madame Chair,I just want to also add to that;that we are able to verify,based on
what has been submitted to the Planning Department,that the person making the complaint is
stating on the record they do not object to this application.
Chair Apisa:So they just basically wanted him to come to get the permit?
Mr.D'ahilie:That,I think,would be a little too far ofa (inaudible).
Chair Apisa:Oh,okay.
Mr.Dahilie:But the person that did...
Chair Apisa:They now support it.
Mr.Keawe:But the current action remedies that.
Chair Apisa:Right,got you.
Mr.Keawe:That's the important part.
ChairApisa:Right,yes.Isthere anyonehereto...is the applicantpresent?Would you like to
come forward?Thank you.
Ms.LornaNishimitsu:Good moming,Commissioners.Spencer Aguiar is to my right.He is
the applicant.He is the licensed mechanic who handles the vehicles,equipment,motorcycles
that are being repaired,serviced,ete.in the building that we are here before you to get the
pemiits for.
Spencer began with a lease agreement with Kiyoto Miyashiro,who is kind of Uke an uncle
because Spencer grew up across the street from the Miyashiro family.Kiyoto,however,passed
away in 2013,so his brother Sueo became the new owner ofthe property.About a month ago,
because Sueo was interested and encouraged that Spencer purchase the property instead of
continuing to lease it,Spencer did purchase the property rather than risk loss ofthe property.It
wasn't because he expected that you folks would grant the permits,but it was...he would've had
14
to cease operations at that point ifthe lease was terminated on him.So Ijust wanted to clarify,
for the record,he is now the owner ofthe property.
The relocation from an industrial area to Kapahi was fueled in part by the high cost of leasing
industrial property,most ofwhich are far smaller than the needs ofpeople who engage in
industrial or commercial uses ofthis type.It gave him an opportunity to continue to do his
business.In the past,he had employees;now he's basically the sole proprietor.He does have
his friend Jason Cornelio come in on occasion to help him out,but he is the only one doing the
work at the property.
Jody has given you a summary ofthe improvements,ete.,butjust for the record,I live within the
300-foot distance for which notice is to be given.
Mr.Dahilie:So did you notice yourself?
Ms.Nishimitsu:No,because I only need to give notice to 85 percent,so ofall the people that I
found -1 tried to do 100 percent.I figured there's no point in mailing myselfnotice because I
already know it is happening.And until about a year ago -about the time Spencer came to me
to assist him because he was having difficulty with consultants he had hired in the past to get an
application vetted by the Planning Staffbecause they would say,"no,it's not good,you got to do
something else"-1 didn't even know he was there.I saw the warehouse when I drove by.I
didn't know what was in it.I didn t hear noise.I had no clue.I do hear noise from the
industrial area further down Kawaihau Road because there is a mechanic there and before race
days I hear the vroom-vroom,you know when they are testing their engines,and there is also the
heavy engine noise when I think it's young people go zooming up and down Kaehulua Road,
blasting their boom boxes.So that's the kind ofnoise I hear in the neighborhood when I'm at
home,and especially at night those noises travel.
The interesting thing is,because I had to send out notice to my neighbors,one ofmy neighbors
called and was talking to me,like,why am I getting this notice?I said,"Oh,you don't have to
appear ifyou don't want to appear."And he goes,"Lorna,is this you?"And I said,"Yes,I'm
your neighbor."He says,"Oh,yeah,I take my stuffto Spencer to fix"because he has mowers,
weed whackers,and those kind ofthings,and what we found is that Spencer -because ofhis
location -provides an alternative to people who don't want to haul their equipment,especially if
it is like a Bobcat or something,you know;hauling it into Lfliu'e or wherever else the existing
service providers are who service machinery like he does.
He's basically trying to do the best that he can;wasn't aware when he set up operations that all
ofthis permitting was necessary.I think the impression that a lot oflaypeople have is ifl can get
the permit to build the building,then I can engage in the use because there's a...you know,it's
not like this is the kind of lessons that high schools teach as part ofcivics and how to operate.
Nobody has come t6 him to complain about his operations.Ifthere have been complaints,he
only leamed about it because the complaint was that he didn't have the necessary permits,so he
is before you in an attempt to rectify that.
15
And the final thing that I would like to say,since I've been rambling on,is that when uses such
as Spencer's in areas that are not zoned for that uses are allowed pursuant to a Use or Special
Permit,this commission retains the ability to control and regulate the uses to a far greater extent
than you have controls when the land is zoned outright for the uses that are occurring.I believe
that the Planner has put in sufficient recommendations for...you know,how do we try to ensure
that this operation is not going to be a nuisance in the neighborhood?And the conditions are
there.In the past eight years,it looks like the official complaint that was made was Spencer was
operating without permits,not that he was making unreasonable noise in the neighborhood,not
that he was creating other negative conditions in the neighborhood.
He has reviewed the Staffrecommendations and proposed (conditions),and there is a
recommendation for the paving ofthat driveway access,which incidentally is fringed by rows of
coconut palms,in an attempt at some point to mitigate dust,so he's got to pave it;that's the
condition.But the request is that you allow him a period oftwo years because wejust got a
quote from an engineerjust to do the design and that's between five and seven thousand dollars,
so that's just the design part.The second phase of it is going to have to be to get the contractor
to do...or to do the work,buy the concrete,etc.and because he recently purchased the property,
he's dealing with -maybe you don't care -but he's got the mortgage payments.He wants to do
everything to comply,but he needs a reasonable amount oftime to get the improvements done
that would satisfy the conditions.So the ask is to allow him a period oftwo years to do the
paving.
Chair Apisa:Okay.So basically,he's in agreement...you are in agreement with all the
conditions that have been stipulated?
Mr.Spencer Aguiar:Yes,ma'am.
Chair Apisa:Any questions?
Mr.Keawe:Just real quick.So Lorna,should we approve the permit,you are asking that that
condition that he pave the seven stalls within a year be extended for another year -two years?
Ms.Nishimitsu:For a period of two years from the date that...if you approve the permit,so the
dateofapproval.Andit'snotonlytheparkingstallshehastopave.(Inaudible)
Mr.Keawe:Yes,the other improvements you were talking about.Yes,I understand.Okay.
Chair Aoisa:Any other questions?Commissioner Streufert.
Ms.Nogami Streufert:I think there was a typo in this about a visitor center,which is probably
not-
Ms.Nishimitsu:From another application.I'm sorry.
Ms.Nogami Streufert:No problem.Ijust wanted to make sure that I wasn't misreading it.
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Ms.Nishimitsu:No,he's not going to do a visitor center for his small engine repair business.
Ms.Nogami Streufert:There is a review in a year.
Mr.Keawe:Right.
Ms.Nogami Streufert:Is that normally what we do here?
Mr.Keawe:I don't recall.I know we ve had review periods in different permits.
Chair Apisa:Maybe our Planning Director-
Mr.Keawe:Yes.
Chair Apisa:-could answer that.
Mr.Keawe:Mike,the one-year review period is the question.
Chair Apisa:Is it typical that we review it in a year in this type of a request?
Ms.Noeami Streufert:And that'sjust for the use,right?It's not for anything else.It's not for
the paving.
Mr.Dahilie:You know,I guess in certain circumstances where we do have something that
doesn't quite fit the box but,at the same time,we feel comfortable letting it move forward,what
we typically (inaudible)-and we ve done this in other applications -is we will conduct a one-
year review with our department,and ifwe feel necessary,we will bring it to the Planning
Commission ifthere is an issue.Because a lot oftimes what we do is we rely onjust complaints
that come in to provide us a baseline.What we say is that okay,in this particular circumstance,
we will take the initiative ofactually checking up on this one and seeing ifthere's issues or
things that need to be tweaked.And ifthere are things,then we will bring it back to the Planning
Commission.
I do want to add,Commissioners,that the issue concerning noise and the issue conceming dust is
something that we've gotten correspondence from,and I think,ifyou look at the conditions,we
are trying to address those two particular items concerning the noise and the dust.
Again,the permits that are before you are to address a need that we see in an area,
geographically,that does not have industrial lands to accommodate this type ofuse nearby.I
will say that one ofthe findings ofthe General Plan that is not in the report is that there is
actually a deficit of Industrial-zoned space across the island.So it does address,what I would
say is,a more immediate need that we are seeing to support the agricultural side ofour
commercial enterprises across the island.So given that deficit of Industrial-zoned land,both
near this area and also just island-wide,it doesn't give us much heartbum that a Special Permit in
this manner is being issued to something that we can verify is tied to an agricultural operation.
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Mr.Keawe:I...oh,Mr.Ho.
Mr.Ho:Mike,does this permit ever expire?The permits -they run with the land?
Mr.Dahilie:They run with the land.And I think why we are cognizant of...as Jodi and some of
the debate previously conceming where is this thing going to be done,ifthey want to expand the
use,they got to come back to us with a permit.Ifthey want to move it,they got to come back to
us with a permit amendment.So we believe it is a very narrow,controlled request that we can
manage and identify,and it doesn't appear to be,in terms ofour minds,incompatible with what
are some ofthe supporting policies in both the General Plan,as well as the purposes under 205
for agricultural lands.And that's part and parcel with all the permits that we issue is that they do
run with the land.
Mr.Keawe:I think,Lorna,your summary ofhow this all came together is very accurate.I think
a lot of local folks...they don't really know.I mean,you build (a)building and say okay,fine,I
can just do whatever I want to.So I got to commend him for at least trying to do the right thing
in moving forward with his business and request.I understand the difficulties of a small
business and getting started and that type ofthing,but again,we appreciate the effort to come to
the Commission and do it the right way without trying to skirt it or not do what needs to be done.
Chair Auisa:And I will just add,there is a need for small engine repair.I mean,I personally
know that there is a need.
Ms.Noeami Streufert:So if one were to amend this to say that you have two years to do these
improvements,which condition would that be on?
Mr.Dahilie:I guess-
Ms.Galinato;I could...
Ms.Nogami Streufert:Because I don't see any timeline.
Ms.Galinato:Based on our recommendation to approve and the 16 conditions,my
recommendation would be to amend Item No.10 -"[t]he approval is subject to a two-year
review period"-and then to add Condition No.17 that the applicant shall install the paved
parking and access within two years ofthe time ofapproval ofthe application,then we can look
at everything together.
Ms.Nogami Streufert:But that's a use versus improvements,so do we want to keep them
separate so that-?
Ms.Galinato:That would be up to you.
Chair Apisa:It could be combined,I think.
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Ms.Nishimitsu:Although it looks like Condition (No.)16 as proposed could be modified to
read,"[t]he Applicant shall submit a Zoning Permit to pave an additional seven (7)parking
spaces,parking area,and access into the property and complete the construction within two years
ofapproval ofthese permits,"or something to that effect.
Chair Apisa:Right,yes,rather than adding another...
Ms.Galinato:That's fine.
Chair Apisa:Rather than adding another condition,we just amend that one.
Ms.Noeami Streufert:Because itjust keeps it cleaner,I think.
Chair Apisa:Right,it keeps it cleaner.
Mr.Keawe:Yes.Which number is that,Loma?
Mr.Dahilig:Itwas (No.)16.
Mr.Keawe:Sixteen.
Ms.Galinato:So then CNo.)16 would be amended to read,"[t]he Applicant shall submit a
Zoning Permit to pave an additional seven (7)parking spaces,parking area,and access into the
property and complete construction within two years ofthe date ofapproval."
Chair Apisa:Correct.And then there would also be modifying that the review would be in two
years and not one year.
Ms.Galinato:On Item CNo.)10,yes.
Ms.Noeami Streufert:That was one year.
Chair Apisa:Oh,I thought-
Ms.Nogami Streufert:No.10 does not change.
Mr.Dahilig:Why we suggested a change is just to reconcile it with-
Chair Apisa:That they be the same;just so that it all...it's already ongoing and there haven't
been issues,so it wouldjust be in two years to make it consolidated;everything is reviewed in
two years.
Ms.Nogami Streyfert:That's fine.
Mr.Keawe:Okay.
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Mr.Mahonev:Okay.
Mr.Ho:Clarification,Madame Chair.Condition (No.)10 is going to read "in two years"?
Mr.Dahilig:Yes,so it will be a two-year review period instead of one.
Mr.Ho:The review period will be in two years.
ChairApisa:Right.
Mr.Dahilig:Yes.
Ms.Nogami Streufert:Does that limit your operation in any way?I don't think we want to limit
the operation in any way.
Ms.Nishimitsu:No.Regardless ofwhen you elect to do the review -and I believe the
Department can conduct inspections in any event whenever it feels that there is an issue -it
shouldn't affect Spencer's operation.
ChairApisa:Yes.Itextends it,so it's more favorable.
Mr.Mahoney:I think we're good.
Ms.Nogami Streufert:I move that we approve the Class IV Zoning Permit Z-IV-2018-9,
Special Permit SP-2018-4,and Use PermitU-2018-8 withthetwo amendmentsto ConditionNo.
10 -approval is subject to a two-year review period -and Condition No.16,which allows a
two-year improvement for the property.
Mr.Mahoney:Second.
Chair Apisa:All right.We have a motion on the floor.All in favor?(Unanimous voice vote)
Anyopposed?(None)Motioncarried 5:0.
Ms.Nishimitsu:Thank you so much.
ChairApisa:Thankyou.
Ms.Nishimitsu:He's very relieved although his face doesn't show much.
Mr.Dahilig:Thank you,Madame Chair.
We are now on Item No.F.2.b.for action.This is Class IV Zoning Permit Z-IV-2018-10 and
Variance Permit-
Mr.Keawe:Mike,can we take a break?(For)just a little bit.
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Mr.Dahilig:Oh,little break.
Mr.Keawe:Yes.
Chair Apisa:Yes,we will take a seven-minute break.
Mr.Dahilie:Got to be 10.
Chair Apisa:Oh,it has to be 10?Okay,10-minute break.
The Commission recessed this portion ofthe meeting at 9:53 a.m.
The Commission reconvened this portion ofthe meeting at 10:09 a.m.
Chair Apisa:Call the meeting back to order.
Class IV Zonins Permit Z-IV-2018-10 and Variance Permit V-2018-3 to deviate from the
reauirement to provide curbs.gutter.and sidewalks for a subdivision within the
Residential I'R-4)zonine district,as prescribed by Section 9-2.3(e1 ofthe Kaua'i Countv
Code f 1987)as amended,involving a parcel situated on the southern side ofKuhio
Hiehway in Hanama'ulu Town,approx.350 ft.west ofthe Laukona Street/Kuhio
Highwav intersection and immediately adjacent to property identified as 4485 Laukona
Street.Tax Map Kev:(4)3-7-006:097.and affecting a total area of 82.880 sq.ft.=Neil
B.&Desiree A.Faearane.FDirector's Report received bv Commission Clerk 7/10/18.1
Mr.Dahilig:Madame Chair,we are back on record for action on Item F.2.b.This is ClassIV
Zoning Permit Z-IV-2018-10 and Variance Permit V-2018-3 at Tax Map Key:(4)3-7-006 Parcel
097 for atotal area of 82,880 square feet.Mr.Bukoski will provide the report on behalfofthe
Department.
StaffPlanner Chance Bukoski:Good morning,Madame Chair and Commissioners.Before I
begin,I will try and summarize the report and highlight its points.
Mr.Bukoski read the Summary,Project Data,Project Description and Use,Additional
Findings,and Preliminary Evaluation sections ofthe Director's Report for the record (on
file with the Planning Department).
Mr.Bukoski:That concludes my staffreport,and I will hold offon my conclusion.Thank you.
Chair Apisa:Thank you.Any questions before we call up the applicant?Is the applicant here?
Ms.Maren Arismendez-Herrera:Good morning.Maren Arismendez-Herrera from Esaki
Surveying.
Chair Apisa:Good morning.Would you like to present your-
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Ms.Arismendez-Herrera:So the owners are going through subdivision,as was stated in the
report.One ofthe conditions in the tentative approval was to provide curbs,gutters,and
sidewalks.After carefal consideration,the owners decided to request that that condition be
waived.We presented that request to the Planning Department,which notified us that the proper
way to get that condition waived was to go through Variance,so we submitted the Variance to
request that condition be waived from the subdivision.
I do want to note that there are curbs and gutters along the abutting streets,but no sidewalks.
The request,also,to waive the sidewalks would be beneficial to expedite the subdivision,and the
sidewalks would also be unnecessary since they wouldn't connect to any other sidewalks and it
would be only for a small portion ofavery long street,so it would really be no benefit to have
that small portion of a sidewalk added to that street.
Chair Apisa:Okay,thank you.Any questions for the applicant?
Mr.Ho:Maren,this subdivision itself-ifyou drove a block radius around it,what would you
see in curbs,gutters,and sidewalks?Are there any?
Ms.Arismendez-Herrera:Curbs and gutters.
Mr.Ho:But no sidewalks?
Ms.Arismendez-Herrera:No sidewalks.I believe the sidewalk portions that the report
mentioned are...so the street gets split into two by the highway.There is a small sidewalk
portion,but it is on the north side ofthe highway.I don't believe on the south side,where this
residence is,that there's no [sic]sidewalks.
Mr.Ho:A question for Chance.How would these people build a sidewalk?They have to
dedicate the land?
Mr.Bukoski:Usually within the Subdivision Ordinance,it does state that,in Ordinance No.
946,that curbs,gutters,and sidewalks be created due to any residential density of R-4 and above.
With that being said,the way the subdivision is laid out and...when I visited the subdivision,
there were no sidewalks whatsoever;also,is very limited space-wise from the road.A lot ofthe
residents there actually utilize the road as parking because the density is so...there's so much
people there,or residents there,that a lot ofthe roads are being used for off-street [sic]parking.
Mr.Keawe:I have a question.Chance,do you know what the original...I guess the original
covenants and improvements that went in when this subdivision was approved way back?Do
you know?Were the requirements different back then from what they are now?
Mr.Bukoski;Yes.This subdivision was done,also...it was called the Wiliko Homes Tract,
Unit II Subdivision.It was approved in 1977;that was the original subdivision.
Mr.Keawe:And in that '77 approval,were there curbs and gutters that were part ofthe
development that was submitted for the plan?
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Mr.Bukoski:Just curbs and gutters,no sidewalks.
Mr.Keawe:Okay,so just curbs and gutters,no sidewalks?
Mr.Bukoski:Yes.
Mr.Keawe:So it was never in the plan to begin with?
Mr.Bukoski:Correct.
Mr.Keawe:Okay.
Ms.Noeami Streufert:Is there a fiiture plan to have sidewalks in this area or throughout the
entire neighborhood?
Mr.Bukoski:With consideration with the General Plan,I mean,we would love sidewalks,just
to have a walkable community,and that would be very beneficial for everyone within that
community;however,(in)speaking to Public Works and also our Transportation Planner,it is
just imfeasible due to,as I said in the report,a piecemeal type ofdevelopment of sidewalks
rather than creating sidewalks altogether.
Ms.Noeami Streufert:Is there any kind of requirement for a reserve so that,in the future,there
can be a sidewalk throughout?
Mr.Bukoski:Unfortunately,there is no requirement for a reserve forjust sidewalks.There is a
road-widening reserve,but that's totally different.
Mr.Keawe:Realistically...ifl may,realistically,iftheyputthatinthere,where are you goingto
park all those cars that are in the area where the sidewalks would go?And there's a lot ofthem.
Chair Apisa:And it would be out of character when there are no other sidewalks and all of a
sudden you have a sidewalk.
Ms.Noeami Streufert:Does this set a precedent for any subdividers?
Mr.Keawe:Youmeanto...!don'tknow.What do you think,Mike?
Ms.Nogami Streufert:To waive the-
Mr.Keawe:I mean,to waive the...yes,to waive the requirements.
Ms.Nogami Streufert:-requirement.
Mr.Dahilig:In this circumstance,when I look at what is being subdivided and how it's being
subdivided,the lot...it's an unusual lot size.I mean,it's something that,I think,when you look
at how it's already set-up,one,the majority ofthe space is just meant for access.
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Second thing is,when I look at it...and,again,I'm not prying into the reasons behind what the
request is for this subdivision in the first place,but ifwe ended up with,let's say,a partition
action or something like that,something like these conditions would not even fall into play in the
first place.I mean,it looks like what they are trying to do is carve out one ofthe homes from the
rest ofthe property for whatever business purpose that they need;because the homes are there,
they are existing.This isn't a green field type of subdivision where they're planning new roads
and planning new types ofthings.So it doesn't give us much heartburn that someone is going to
point to us and say hey,you guys,in this case,didn't require it because there is already an
existing subdivision,the surrounding character would not match what the subdivision code now
requires,it is a very unusual piece ofproperty,and the way that they are subdividing the lots are,
in my mind,meant for more business puqioses than for creating actually new housing on it.It is
not going to be increasing density,it is not going to be increasing utility,so it is,in my mind,not
going to fall into that category of setting a precedent necessarily.
Mr.Keawe:And a good portion ofthatis in the floodway,right?
Mr.Dahilig:It is earmarked,I guess,as a flood drainage area,essentially.
Mr.Keawe:Yes.
Mr.Dahilie:I don't know what it is draining necessarily,but it is...Dennis and his group -they
have engineers in there that are evaluating this and that is being earmarked,as well as the drain.
Chair Apisa:Any other questions?It sounds like we are close to being ready to make a motion.
Mr.Dahilig:Recommendations.
Chair Apisa:Oh,I'm sorry,the recommendations.
Mr.Bukoski:Based on the foregoing evaluation and conclusion,it is hereby recommended that
Class rv Zoning Permit Z-IV-2018-10 and Variance Permit V-2018-3 be approved subject to the
following conditions.
Madame Chair,would you like me to read out the conditions?
Chair Apisa:Yes,please.
Mr.Bukoski read the six conditions from the Director's Report for the record (on file
with the Planning Department).
Chair Apisa:Thank you.Now we are ready.
Mr.Keawe:We ready?I will move to approve Class IV Zoning Permit Z-IV-2018-10 and
Variance Permit V-2018-3 to deviate from the requirement to provide curbs,gutters,and
sidewalks for a subdivision within the Residential R-4 Zoning District for the property identified
24
as 4485 Laukona Street,Tax Map Key:(4)3-7-006:097,and affecting a total area of 82,880
square feet -Neil B.and Desiree Fagarang.
Mr.Mahoney:Second.
Chair Apisa:AI1 in favor?(Unanimous voice vote)Any opposed?(None)Motion carried 5:0.
Ms.Arismendez-Herrera:Thank you.
Chair Aoisa:Thank you.
Mr.Dahilig:Thank you,Madame Chair.That is all for Item M,New Business.
ANNOUNCEMENTS
Topics for Future Meetings
The following reeularly scheduled Planning Commission meetine will be held at 9:00
a.m..or shortlv thereafter at the LThu'e Civic Center.Moikeha Building,Meetine Room
2A-2B.4444 Rice Street,LThu'e.Kaua'i.Hawai'i 96766 on Tuesdav.Aueust 28.2018.
Mr.Dahilig:Under Item N,Announcements,Topics for Future Meetings,the on-deck sheets
have been circulated for the Commission's review.You will see that we have...in terms ofour
intake,we are still pretty lean for items before the Commission.Ifyou have any questions,we
can answer them as (inaudible)based on the on-deck sheet.
One other announcement I do want to make that is not on here is that the Hawai'i Congress of
Planning Officials was slated for September ofthis year in Hilo.And,obviously,because of
what's going on with the volcano and as you could tell with our department as emergency
operations got into the swing ofthings,we got pretty much absorbed into the emergency
operations,and the same thing is happening with our partner agency with Hawai'i County.So
the four Planning Directors aud the Office ofPlanning kind ofreached a determination where we
are probably going to forego the Congress ofthis year and not hold an HCPO,so the next HCPO
will actually be in 2019.But in its place,what the American Planning Association-Hawai'i
Chapter is trying to organize is a Directors'Panel in Honolulu,probably sometime in October or
November,and it will be a day-long kind ofthing with a couple other items that...couple
speeches on things and topics.So in its place,ifyou guys are willing to want to go to that,we
can let you know when that date is and then make those arrangements appropriately.So that will
be the HCPO,I guess,"lite",I guess ifyou put it that way,sometime in either late October or
November.
Mr.Keawe:It is a one day kind of-
Mr.Dahilie:Kind of a one day thing;just get everybody together.I think there are people that
do look forward to having the Directors talk about things that are going on in each ofthe
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individual counties;we are certainly willing to participate with that.Michael Yee is actually
also...who is the Director for the Big Island,has mentioned that he is willing to at least come in
for that.I think,logistically,theyjust don't have the staffto run an HCPO right now.
Mr.Keawe:Yes.
Chair Apisa:And that would be in Honolulu?
Mr.Dahilig:It would be in Honolulu.So we can definitely let you guys know when that...it
will be late October or early November.
Other than that,Madame Chair,there is no meeting that we have scheduled for August 14
based,again,on the load,so we will consolidate those agendas and the next meeting will be on
Tuesday,August28,2018.
Mr.Ho:One question,Mr.Dahilig.
ChairApisa:Yes.
Mr.Ho:I guess we have been dragging it on.Is there a Coco Palms update?
Mr.Dahilie:Now that I am back,we can do it on that day.
Mr.Ho:Onthe...
Chair Apisa:August 28th.
Mr.Ho:August 28th?
Mr.Dahilig:Yes,now that I am back.
Mr.Keawe:You sure now?Mr.Ho and I have been waiting for a while.
Mr.Dahilig:Every time that I've tried to get something on the agenda it tums into a "let's do
this."I was in Wainiha yesterday,so-
Ms.Noeami Streufert:How is that coming along?
Mr.Dahilig:It's steady.I think there is a fatigue factor because we are reaching Week 12 now
ofthe disaster,so obviously the people there -the residents that are in there -life is still not
normal for them,and things are continuing to shift as the Department ofTransportation is going
to be adjusting the phasing oftheir work.So there is going to be a community meeting on Friday
at the YMCA Camp Naue for residents that are up there to kind of get an update as to what DOT
is doing and how we can adjust to try to help meet some oftheir needs that,maybe,we are not
seeing.So we will be participating in that meeting with the Department of Transportation and
the other State agencies that are up there.In the meantime,I think people are in...you know,
they are in good spirits.I mean,they are making the most of what they can and they are
26
adjusting accordingly,but I...as you start reaching these months as they go on,I mean,it starts to
get old,so we need to-
Mr.Keawe:Well,a lot of it,I guess from what I hear in the news,is about access and the
convoys and times and peoples'work schedules.
Mr.Dahilig:Yes.Every household has issues concerning medical care,school,groceries,mail,
the things thatjust any household will have as part ofdaily life.So this convoy,obviously,
limits their freedom to be able to engage in those things at their pleasure.
Ms.Nogami Streufert:When do you anticipate that that might be more nonnalized?
Mr.Dahilig:That's a discussion that,I think,DOT is needing to have with the community
because you have heavy work that needs to be conducted in order to finish the rest ofthe work
needed to stabilize that road,and the quicker they can get that work done -that is what they are
telling us -the quicker they can get the road open to some type ofuncontrolled access.They are
aiming for this fall.They have stated October as dates that they are trying to work towards,but
nothing official has really come down and I think this meeting on Friday will probably give them
a little more insight as to how to give some degree of certainty to the community on when...and
how long this needs to be going on.
Ms.Hiauchi Savegusa:I think we are still on record.
Mr.Dahilig:Okay.
Ms.Higuchi Saveeusa:We are still on record.We didn't adjourn yet.
Mr.Dahilie:Yes,that's fine.Anyway,back to Coco Palms,we will prepare something on the
28 as kind of a status report.They actually have submitted their annual status,also,so we will
circulate that for your guys'review as well.
Mr.Keawe:So that will be new information for all ofus.
Mr.Dahilig:Yes,it will be.
Mr.Keawe:It s current status.I think that's...you know...we see things going on as we drive
by;just want to know what's going on.
Mr.Dahilig:We will make sure that is part ofthat agenda.
Ms.Nogami Streufert:Okay.
ADJOURNMENT
Ms.Nogami Streufert:I move to adjoum.
27
Chair Apisa:Thank you for the update.We have a motion to adjoum.
Mr.Keawe:Second.
ChairApisa:Allinfavor?(Unanimous voice vote)Motion carried 5:0.Unanimously
approved,the meeting is adjourned.
Chair Apisa adjoumed the meeting at 10:31 a.m.
Respectfully submitted by:
Commission Support Clerk
septwbc^il^oi?
Approved as circulated (add lidto ofmootiui,uppiurjl)
()Approved as amended.See minutes of meetmg.
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