The URL can be used to link to this page

Home My WebLink About2022-08-23 PC Agenda PacketPAGE 2 PLANNING COMMISSION – AUGUST 23, 2022 PLANNING COMMISSION MEETING NOTICE AND AGENDA Tuesday, August 23, 2022 9:00 a.m. or shortly thereafter Līhu‘e Civic Center, Moikeha Building Meeting Room 2A-2B 4444 Rice Street, Līhu‘e, Kaua‘i, Hawai‘i To Join by ZOOM Link: https://us06web.zoom.us/j/85245816045 Webcast Link: https://www.kauai.gov/Webcast-Meetings SWEARING IN OF NEW COMMISSIONER A. CALL TO ORDER B. ROLL CALL C. APPROVAL OF AGENDA D. MINUTES of the meeting(s) of the Planning Commission 1. May 10, 2022 2. May 24, 2022 3. June 14, 2022 (Agenda 1) 4. June 14, 2022 (Agenda 2) 5. June 28, 2022 E. RECEIPT OF ITEMS FOR THE RECORD F. HEARINGS AND PUBLIC COMMENT 1. Continued Agency Hearing a. None for this Meeting. 2. New Agency Hearing a. None for this Meeting. 3. Continued Public Hearing a. None for this Meeting. 2. New Public Hearing a. ZA-2023-1: A bill for an ordinance amending Chapters 8, 12, and 13, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO), Building Code, and Electrical Code respectively. The purpose of the ordinance is to establish parking requirements involving electric vehicle charging infrastructure in the CZO, Building and Electrical Codes = KAUAI COUNTY COUNCIL. PAGE 3 PLANNING COMMISSION – AUGUST 23, 2022 G. CONSENT CALENDAR 1. Status Reports a. 2022 status report regarding Class IV Zoning Permit Z-IV-2015-8, Project Development Use Permit PDU-2015-7, Variance Permit V-2015-1, and Special Management Area Use Permit SMA(U)-2015-6 at Tax Map Key 4 -1-003:004 (por.), 005, 007, 011, and 017 and 4-1-005:014 and 017 (the “permits”), with approval conditions as set forth in letter dated December 31, 2018 from the Planning Commission of the County of Kaua‘i (the “Conditions”) with Coco Palms Hui LLC, as Applicant (“Applicant”). 1. Director’s Report pertaining to this matter (see agenda packet). 2. Director’s Report for Project Scheduled for Agency Hearing a. None for this Meeting. H. GENERAL BUSINESS MATTERS 1. None for this Meeting. I. COMMUNICATION 1. None for this Meeting. J. COMMITTEE REPORTS 1. Subdivision Committee a. Consideration and Action on all Subdivision matters listed on the Subdivision Committee Agenda. K. UNFINISHED BUSINESS (For Action) 1. None for this Meeting. L. NEW BUSINESS (For Action) 1. ZA-2023-1: A bill for an ordinance amending Chapters 8, 12, and 13, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO), Building Code, and Electrical Code respectively. The purpose of the ordinance is to establish parking requirements involving electric vehicle charging infrastructure in theZO, Building and Electrical Codes = KAUAI COUNTY COUNCIL. a. Director’s Report pertaining to this matter (see agenda packet). PAGE 4 PLANNING COMMISSION – AUGUST 23, 2022 M. EXECUTIVE SESSION 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 the following matters: 1. ZA-2023-1: A bill for an ordinance amending Chapters 8, 12, and 13, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO), Building Code, and Electrical Code respectively. The purpose of the ordinance is to establish parking requirements involving electric vehicle charging infrastructure in the CZO, Building and Electrical Codes = KAUAI COUNTY COUNCIL. 2. 2022 status report regarding Class IV Zoning Permit Z-IV-2015-8, Project Development Use Permit PDU-2015-7, Variance Permit V-2015-1, and Special Management Area Use Permit SMA(U)-2015-6 at Tax Map Key 4-1-003:004 (por.), 005, 007, 011, and 017 and 4-1-005:014 and 017 (the “permits”), with approval conditions as set forth in letter dated December 31, 2018 from the Planning Commission of the County of Kaua‘i (the “Conditions”) with Coco Palms Hui LLC, as Applicant (“Applicant”). 3. Final Subdivision Map Approval a. Subdivision Application No. S-2022-11 (Kauaʽi Habitat for Humanity, Inc.) Proposed 6-lot Consolidation TMK: (4) 4-3-009: 051 & 071 Waipouli, Kawaihau, Kaua‘i N. ANNOUNCEMENTS 1. Topics for Future Meetings. 2. The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m., or shortly thereafter, on September 27, 2022. The Planning Commission anticipates this meeting to be held in-person at the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Hawaii 96766. The Commission also anticipates providing a virtual platform capability for members of the public to testify remotely. The Commission will announce its intended meeting method via an agenda electronically posted at least six days prior to the meeting date. O. ADJOURNMENT PAGE 5 PLANNING COMMISSION – AUGUST 23, 2022 Pursuant to Section 8-27.8 (6) of the Kaua‘i County Code (1987), as amended, the following shoreline setback determinations by the Director are disclosed for purposes of public notification. August 23, 2022 SHORELINE SETBACK DETERMINATIONS Application No. Name of Applicant(s) Property I.D. (Tax Map Key) Location Development/Reasons SSD-2023-1 Robert Ferguson 5-5-004:040 Hanalei New fence construction/ Accreting shoreline, required setback is 60 feet, development is approximately 257 feet away from shoreline. SSD-2023-2 Alexander Noscov 5-4-012:011 Unit 28 Princeville New roof over existing atrium/ Unsubstantial work, required 100 foot setback. Development setback 240 feet from shoreline. SSD-2023-3 James Takamura 1-3-001:042 Kekaha Reconstruction of a single- family dwelling/ Required setback from shoreline 256 feet. New residence proposed at 497 feet from shoreline SSD-2023-4 Marriot Ownership Resorts 2-8-017:007 Koloa Interior Renovations units 101, 102, and 113/ Rocky shoreline, 100 foot required setback. Renovations approximately 140 to 360 feet setback from shoreline. 1 KAUAI PLANNING COMMISSION REGULAR MEETING May 10, 2022 DRAFT The regular meeting of the Planning Commission of the County of Kauai was called to order by Vice Chair DeGracia at 9:07 a.m. The following Commissioners were present: Mr. Gerald Ako Ms. Donna Apisa Mr. Francis DeGracia Ms. Lori Otsuka Excused or Absent: Ms. Helen Cox Mr. Melvin Chiba The following staff members were present: Planning Department – Director Kaaina Hull, Deputy Director Jodi Higuchi Sayegusa, Dale Cua, Kenny Estes, Romio Idica, and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County Attorney Laura Barzilai, Office of Boards and Commissions – Administrator- Ellen Ching and Support Clerk Arleen Kuwamura. Discussion of the meeting, in effect, ensued: CALL TO ORDER Vice Chair DeGracia called the meeting to order at 9:07 a.m. Mr. Hull: Alright Chair, it’s 09:07. The Department’s ready whenever you are for commencing the Planning Commission meeting. Vice Chair DeGracia: This meeting is called to order for the Planning Commission meeting for Tuesday, May 10, 2022. Roll call please. ROLL CALL Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Here. Mr. Hull: Commissioner Apisa? Ms. Apisa: Here. D.1. Aug. 23, 2022 2 Mr. Hull: Commissioner Chiba is excused. Commissioner Otsuka? Ms. Otsuka: Here. Mr. Hull: Chair Cox is excused. Vice Chair DeGracia? Vice Chair DeGracia: Here. Mr. Hull: You have quorum, Mr. Chair. APPROVAL OF AGENDA Mr. Hull: Next we have approval of agenda. The Department has no recommended changes to the agenda. Vice Chair DeGracia: Can I get a motion to approve? Ms. Otsuka: Motion to approve the agenda as presented. Mr. Ako: I second. Vice Chair DeGracia: Motion on the floor is to approve the agenda. Let’s take a voice vote. All in favor say aye. It was moved by Commissioner Otsuka and seconded by Commissioner Ako to approve the agenda as presented. All were in favor by unanimous voice vote. Mr. Hull: Motion passes. No additional receipt of items for the record. HEARINGS AND PUBLIC COMMENT Mr. Hull: On to hearings and public comment. So, oral testimony will be taken this morning in the following manner. First, we will recognize all speakers who have signed up to testify in person who are physically present at the publicly noticed meeting location, Lihue Civic Center, Moikeha Building, Meeting Room 2A/2B, 4444 Rice Street, Lihue, Kauai. Next, we will recognize all callers by telephone number who have elected to attend the meeting by phone, using the join by phone telephone number provided on the agenda. Finally, we will recognize all attendees who have elected to join the meeting using the Zoom link provided on the agenda. All testifiers will be given 3 minutes per testifier, per agenda item. If you are not interested in providing testimony, please indicate so when you are recognized. If you have internet connectivity issues, please use the join by phone telephone number and we will return to any new callers for testimony before concluding the oral testimony portion of this agenda. Please note that the meeting is also viewable to the livestream broadcast at www.kauai.gov/webcast/meeting. Please note that the livestream broadcast does not allow viewers to provide testimony. Please refer to the agenda for instructions how to provide public testimony. So, for the in-person attendees, for the in person attendees, we have 5 individuals signed up specifically for one agenda item that has an agency hearing. This morning, public hearing, public testimony portion is for if you want to testify at any point, so for those who have signed up, I’ll call through your names. You can testify now, or you can reserve that time to testify specifically on, and all these individuals signed up for F.2.a., L.2., HPM, you can also reserve your testimony for the actual agency hearing that is following this general public testimony section. So, I’ll call through the names, if you want to testify now or during the agency hearing that is completely at your discretion. So, first person, in-person signed up, Catherine Clark. 3 Ms. Clark: I’ll testify now. Mr. Hull: Thank you Ms. Clark, you have three minutes for your testimony. Ms. Clark: Aloha. First, I’d just like to thank you for this opportunity to give testimony. I’m here on behalf of the homeowners and land owners of Poipu Aina community as well as my own family. I have four children, my husband and my elderly mother. We have concerns in regards to the proposed HPM facility. Our primary concern begins with noise pollution. I don’t know if you’ve been shown the structure, I’m sure you have. The proposed structure is an open-air tent. Its dimensions are 40 feet high, 100 feet wide, and 260 feet long. It's a steel frame, I believe, with a canvas like structure over the top. Trusses and prefab panels will be manufactured here with saws, nail guns, and power tools. The noise concern directly impacts our neighborhood. You can see this map here, that the elevation of their proposed location is at 172 feet, we’re at 138 feet. We are just very, very close to this facility. This is a rendering that HPM sent our community, that shows the location of this tent. We feel like it’s a really simple rendering that could possibly not illustrate the height, the impact and just the size of this building. There’s also been concern with the operating hours being from 6:30 a.m. to 4:30 p.m. each day. Trucks going through the gravel road going onto the sugar mill property, the Grove Farm property, in and out, backing up, delivering lumber, fork lifts doing so, the beeping. This might be like a construction site every day of our lives, all year round. The current lease is 10 years with the option to renew. This is our family home. I have 4 kids. We go outside. My son surfs, we skate, we play in our yard. I can’t imagine just living on what would be the other side of a dust screen. Instead of it being black, it’s just a big white tent this time, but living there for the rest of our lives as a family with the sound of construction, nail guns, saws, etc. Also, I have a concern about Koloa town. I know that one of HPM’s facilities is located in Lawai. The trucks will be coming down from the tunnel of trees bringing the lumber from Nawiliwili Harbor to this location, like I said as early as 6:30 a.m. I wonder, are they going to go all the way back up the tunnel of trees turn left at the highway. Mr. Hull: Three minutes, Mr. Chair. Ms. Clark: That was three? Mr. Hull: Thank you for your testimony. Ms. Clark: Thank you. Mr. Hull: Next, we have signed up, Darryl Oliveira. Mr. Oliveira: Good morning, Chair. Good morning, Commissioners. My name is Darryl Oliveira, Director of Risk Management for HPM. Just want to thank you again, for the opportunity to provide testimony and to ask for your consideration on the application before you. I’ve only been with HMP for five years, but I can say that I’ve been a customer life long and I’ve seen that this company is truly community minded and conscious in what it does. I’m also a co-chair with the Hawaii island housing coalition which is an organization under a nonprofit looking at the housing crises facing our community on island but also what we observe across the state. The proposed project will provide not only employment opportunities for members of the Kauai community but will also provide additional capacity for the construction industry here which will provide much needed housing for the Kauai community. Again, I just want to say thank you for your consideration of the application and I would hope that you would look at it favorably as the project would definitely increase capacity of the construction industry here and provide employment opportunities. And appreciation for the comments shared earlier. HPM will do its part to be a good neighbor for the residents of Kauai community. Thank you. Vice Chair DeGracia: Thank you for your testimony. Mr. Hull: Next we have, and just a reminder, you can chose to testify now or during the agency hearing as 4 well, whichever is your discretion. Next, we have signed up Micah Agena. Mr. Agena: Good morning. My name is Micah Agena and I’m born and raised here on Kauai, and I can truly say I love this island and the communities within. I’ve been fortunate enough to work in the truss building industry for 22 years and I’m currently the components manager for HMP Kauai, as the only truss designer on island. Like many of you here, I am in support of the proposed facility. My wife and I are blessed with three young boys and truly understand that family and community are real core values. Through HPM and the community support we can help ensure lowering building costs on island and create more affordable housing opportunities so that more young local families have a chance to become homeowners so they and the future generations can continue to live and enjoy our island culture and home. Thank you. Vice Chair DeGracia: Thank you for your testimony. Mr. Hull: Next we have Michael McDermott. Mr. McDermott: Good morning. My name is Michael McDermott. I worked with Micah, the previous speaker, for 20 years. Basically, I’ve been one of the only truck drivers if not the only truck driver delivering trusses for the last 20 years to the island of Kauai. I delivered a lot of those houses in Poipu, that full row pretty much. I developed a lot of relationships with people, customers, family, contractors over the years. I too have a family, two boys, my wife. You know, this career has taken care of me over the years for sure. I joined this company because seeing what they do for our community, seeing how they care about their employees, being an employee company, its huge. Makes you feel like, it’s mine now, you know? I’m proud being able to continue to give back to the community and continue to serve the customers I’ve been serving for so many years. I would really like if we could have our plant there. It would be huge for us to again serve the community and just give back. Thank you. Vice Chair DeGracia: Thank you for your testimony. Mr. Hull: Next we have Lindsey… Mr. Carineo: Carineo. Mr. Hull: Sorry, Carineo. Mr. Carineo: Hi my name is Lindsey Carineo, related to three quarters of this island. You guys can talk about me. Everybody heard about me, one master builder. My testimony is for this truss thing. My family. I’m looking for my family, for their future, all my kids, all my cousins, everybody, you know for build affordable housing. You guys can look at ‘em right now. I’m a contractor. I go out there into the community and I help people who have, they cannot build their house. So, I help them for cheap. I donate my time. I’m also the superintendent for Hanalei base yard, for the County. If you guys want to know, I’m building a project, we’re at Hanalei right now. HPM has worked with us to provide our trusses so we can so we can get this emergency facility for the County done. Our trusses are on the barge right now. They have worked with us. We will receive it next week. We can start trussing, we can get this County building on the move. And then we moving to Wainiha. I support them full on. They did a lot for me. Micah guys is all with Island Truss. That’s like my family. HPM provides them jobs. It’s good that. I want my kids, I want my family to be builders so they can help each other, the local people come together. It’s like Habitat, and help each other build these affordable homes. If I have to, in my future, as I get richer, more money, you guys will see me out there helping people with heart to build these homes. And hopefully, Jason guys will be backing me for these homes. I have a lot of fun on Grove Farm property. I’m like a security there. I live there, I work there, I fish there, I hunt there, I do everything there. It’s a very nice thing we have there in Koloa. Born and raised in Hanapepe, 49 years old right now. Times two, I’m going to be 96. I want the best for our island, period. Whoever out there need some consulting on their home, I’m willing to help you guys 5 for free, hook you guys up with the best material, the best lead, the best wiggles, the best everything, just so your families, your local families, can have something nice. Go talk about me. Ask people about me. They going tell you what I do. I do from the heart and I totally back HPM for this truss facility and I hope we get it. So, if you guys look, Kauai has a lot of homes right now with no trusses. We need HPM here as soon as we can to make local people happy. Thank you. Aloha. Vice Chair DeGracia: Thank you for your testimony. Mr. Hull: That wraps up all the people that have signed up. Is there anyone in person who have not signed up that would like to testify on any agenda item at this time? Hearing and seeing none, Jodi, I’ll turn it over to you for the telephone call list and Zoom list. Ms. Sayegusa: Turning to the callers who have elected to attend the meeting by phone using the join by phone telephone number provided on the agenda. I’m going to recognize each caller by telephone number that was used to call into the meeting, one by one, and enable your audio. Please press *6 and unmute yourself to talk on your end. If you’re comfortable doing so, please identify yourself and please also clarify which agenda item or items you wish to testify on and you will be given three minutes per agenda item for your testimony. If you’re not interested in providing testimony, please let me know when you are recognized. First, we have number 1-808-222-2826. I’ve enabled your audio. Mr. Delaunay: Aloha. Ms. Sayegusa: Please identify yourself and let me know which agenda item you wish to testify on. Mr. Delaunay: This is Christopher Delaunay with Pacific Resource Partnership. We are testifying on the HPM Building Supply’s February 4, 2022, application for a special permit, use permit, and class IV zoning permit. And… Ms. Sayegusa: Sorry to interrupt. Did you want to testify now during public comment, or do you want to reserve your three minutes of testimony during the agency hearing portion of the agenda? If you want to do it during the agency hearing, we’ll make note and call you. Mr. Delaunay: Okay, well I want to do my testimony now. We also have Abigail Holden who is our attorney who will actually probably be speaking later more about our petition to intervene and motion to postpone, but I’ll go ahead and give my testimony now. Ms. Sayegusa: Okay, go ahead. Mr. Delaunay: Okay. Aloha commissioners. Pacific Resource Partnership is a nonprofit market recovery trust fund which represents approximately 7,000 men and women union carpenters and 240 large and small contractors in the state of Hawaii including approximately 250 individuals and unionized contractors on Kauai. We are testifying on HPM Building Supply’s February 4, 2022, application. A lot of the assertions made by HPM is not supported by real evidence and need further analysis. Postponing the hearing on the application will allow time for full review of the information submitted by HPM and the Planning Director’s recommendation. Moreover, postponing the hearing will provide time for further study of the project which is necessary given the significant impact to the economy, community, and environment. For instance, we don’t know if the project supports the General Plan. We don’t whether it will provide jobs, living wage, and actually reduce the cost of housing given that the materials must be imported to build these trusses and walls. They talk about importing wood from the mainland. We don’t know if this is the right project for this site given that the land in this area is zoned agriculture and it appears there is no connection to ag at all since they are importing lumber here and they are actually manufacturing trusses and prefabricated walls and panels. So, there are a lot of things that we don’t know about this project that needs to be examined. So, what’s the harm of postponing it and looking a little more into this project? So, we respectfully ask that this 6 application be postponed or deferred. Thank you for this opportunity to testify. Ms. Sayegusa: There are no other callers at this point, so I’m going to turn now to those who have elected to attend this meeting using the Zoom link provided on the agenda. I’m going to recognize each attendee one by one and promote you as a panelist. Once you click on join as panelist on your end, you’ll be able to click on start video and unmute yourself. If you’re comfortable doing so, please identify yourself. Please also clarify which agenda item or items you wish to testify on. You will be given three minutes per agenda item for your testimony and if you’re not interested in providing testimony, please indicate so when you are recognized. If any Zoom attendee experiences any internet connectivity issues, please use the join by phone telephone number and we will return to new callers for testimony before concluding the oral testimony portion of this agenda. So first, we have Abby Holden. I’m going to enable your video and audio. Please click on panelist on your end and you’ll be able to start video and unmute yourself. Please identify yourself and clarify which agenda item you wish to testify on. Ms. Holden: Hi. Good morning, commissioners and Chairperson. Abby Holden. I’m the attorney for Pacific Resource Partnership. So, I’m here to discuss our petition for intervention, so I will wait until the agency part of the hearing. Ms. Sayegusa: (Muted) Sorry, next we have Andy Hood. I’ve enabled your audio video. Please click on start video on your end and you can unmute yourself. Please identify yourself and clarify which agenda item you wish to testify on. Mr. Hood: Hi my name is Andy Hood and I’m on agenda item for the Hanalei Traders SMA permit. Ms. Sayegusa: Okay, would you like to testify during the public comment period now, or would you wish to testify during the agency hearing? Mr. Hood: The agency hearing, thank you. Ms. Sayegusa: Okay, thank you, we’ll make note. Next, we have Christine Martin. I’m enabling your audio video. Please join as panelist on your end and then you’ll be able to start your video and audio. Ms. Martin: Good Morning. I would like to testify now on agenda item F regarding the HMP facility. My name is Christine Martin and I am a property owner in Poipu Aina Estates near old Koloa Mill. I’m also on the board of directors for our community association as treasurer. We filed a petition to intervene yesterday, and we respectfully request that you honor our petition. I would also like to request a deferral to give more time to evaluate the impact of the proposed HPM facility. We have concerns about HMP’s assertions regarding the impact on the community. They say there’s little to no impact on the community’s noise, traffic or views and we would like to see more evidence to support HPM’s claim. I’m also concerned that this request is for a special permit and therefore avoiding the standard rezoning process. I’d like to request that HPM take the time to apply to the normal rezoning process and not rush this decision using the special permit process. As a community for Poipu Aina Estates, we support the same kind of things HPM does helping our community and our neighbors. We would just like more evidence to support HPM’s claims and that this is the right place for the facility that they’re proposing. And that’s all. Thank you very much. Ms. Sayegusa: Next we have, let’s see, we did formerly have Chris Delaunay, we also have Christy Arsales, no longer on the Zoom meeting. Next, we have Hal Hammat. I’m enabling your audio video, please join as panelist on your end and you’ll be able to start your video and unmute yourself. Mr. Hammat: Hello, can everybody hear me? My name is Hal Hammat. I am an archaeologist with Cultural Surveys Hawaii, and I would like to testify on the Hokuala project. Just a brief review of the work we’ve done related to this project. We performed a cultural impact assessment in 2022. This is a 16.8 acre project. We outreached to 29 people, we got four responses and the recommendations, basically, simple and 7 standard. There were no cultural practices identified in the project area. The recommendations were to notify SHPD if there were any findings during the preparation of the project. Also, in terms of the archaeology of the project, of course it was traditionally in sugar cane many, many years ago and there have been eleven surveys performed as part of the Kauai Lagoons project and the area was covered in 1980, 1988, 1990 and most recently in 2005. We identified that sites in the area are all located along the coast, so we feel that this area has been adequately studied. We feel there are no cultural archaeological concerns associated with the project. Thank you. Ms. Sayegusa: Thank you very much. Next on the list we do have Hanalei Traders. I’m enabling your audio video. Please click on join as panelist on your end and you’ll be able to press on audio and video. You gotta unmute on your end. Hanalei Traders? Ms. Roberts: Oh, maybe this one’s for me in addition to Andy Hood. This is Michelle Roberts. I’m with Sustainable Resources Group. We are the authorized agents for Hanalei Traders. I have no comment at this time. We're here to answer questions should they come up. Ms. Sayegusa: Again, this is the public comment phase of the agenda. The matter will be taken up at agency hearing and also for action later on, if you are representing the applicant at this point. Ms. Roberts: Yes. Ms. Sayegusa: Alright, thank you. Next, we have Jeff Masters. Jeff Masters, I am enabling your audio video, please click on join as panelist on your end. Mr. Masters: Get out of the picture. Ms. Sayegusa: Mr. Masters, I think we can hear you at this point. You have the option to enable your video as well. Please identify yourself and if you’re comfortable, please clarify which agenda item you wish to testify on. Mr. Masters: Hello. Ms. Sayegusa: Yes, we can hear you Mr. Masters. Mr. Masters: Yes, my name is Jeff Masters. I’m an owner and lived in Poipu Aina Estates when the original owners that have been there since the subdivision was open. I’m also a building contractor here in Koloa area, I’ve been a builder here for over 15 years and I’ve built very high-end homes in the area. I’ve had a relationship with HPM for many years and want to continue my relationship with them. I just would like to defer this decision or approval of their facility to be put at the Koloa Mill area until we get further information given by HMP that would help us to see exactly what they would be willing to do regarding the list that we had sent them as far as our concerns with the property. We’re not against affordable housing in any way or form. Like I say, I’m a building contractor and I support HPM with their products over the years. We just would like to further information and look more into how this is going to impact us which we think is substantial in our neighborhood and also the surrounding areas. That’s it. Thank you. Ms. Sayegusa: Next we have Jeri DiPietro. Please click on join as panelist on your end, enable your audio visual, identify yourself and clarify which agenda item you wish to testify on. Ms. DiPietro: Aloha Commission. I am Jeri DiPietro, the president of the Koloa Community Association. I’d like to testify on the zoning permit for the HPM building and I’d like to testify after the agency hearing please. Ms. Sayegusa: Got it. Thank you very much. 8 Mr. Hull: Just for clarification, Ms. DiPietro, the time to testify would be either now or during the agency hearing. You’re requesting to speak during the agency hearing, correct? Ms. DiPietro: Yes, I guess during the agency hearing or during the action. Mr. Hull: We’ll reserve for the agency hearing, thank you. Ms. DiPietro: Okay, mahalo. Ms. Sayegusa: Next we have Leila Rothwell Sullivan. When you’re ready please start your video and unmute yourself and clarify which agenda item you wish to testify on and whether you wish to testify now or during the agency hearing. Ms. Rothwell Sullivan: My name is Leila Rothwell Sullivan and I’m an attorney representing the applicant for consent item G.1.a. and I’m just here to monitor. Ms. Sayegusa: Thank you for clarifying. Next, we have Leilani. Actually. Click on join as panelist on your end and you can start your video and unmute yourself. Please identify yourself and clarify which agenda item you wish to testify on. Leilani, if you’re able to on your end, unmute yourself, start your video and just to clarify if you wish to testify on an agenda item let us know, and if not let us know otherwise. Thank you. If any Zoom attendee experiences any connectivity issues, please use the join by phone telephone number and we will return to new callers at the end of going through the Zoom attendee list. We’ll give it 30 more seconds or so. Again, I’ve enabled the audio video for Leilani. If you’re able to on your end, please join as panelist and then you’ll be able to start your video and unmute yourself. If you are having any internet issues, please use the telephone join by phone number provided on the agenda and we can return to any new callers. At this point, I’m going to move on, and again if there’s any issues, please use the join by phone number. Next, we have Mindful Harvest. I’m going to enable your video and audio, please click on join as panelist on your end. Ms. Rizzo: Hello, my name is Sally Rizzo, I don’t wish to testify. Ms. Sayegusa: Thank you very much. Next, we have Nathaniel. Mr. Kinney: Hello, Nathaniel Kinney, Political Director for the Hawaii Regional Council of Carpenters. I wanted to testify on the HPM matter on the agenda. Ms. Sayegusa: Do you want to testify now during public comment or would you wish to reserve your three minutes for the agency hearing portion of the agenda. Mr. Kinney: No, I’m okay with testifying right now. So, I just wanted to bring up some of the concerns brought up by some of the community members as well as Pacific Resource Partnership. Clearly, there is some controversy or some clarity that needs to be brought on this matter, and we’d like more time to get a more complete picture of what exactly is happening at this property and what exactly those impacts are going to be. There are industry impacts that the Regional Council of Carpenters is worried about, but it also seems like there’s community concerns about what is going to be built there and why there is some sort of special use permit rather than a regular rezoning. So, again, just noting the community concerns and our concerns we would just like to ask the Commission to take a deeper look at this and give more information to the community before moving forward with any matters. Thank you. Ms. Sayegusa: Next, we have Pacific Resource Partnership. Pacific Resource Partnership, I’ve enabled your audio video, please join as panelist on your end, identify yourself when you’re ready, and clarify which agenda item you wish to testify on. 9 Mr. Delaunay: Yes, hi, this is Chris Delaunay. I already testified on behalf of Pacific Resource Partnership via phone earlier, so I’m finished. Thank you. Ms. Sayegusa: Okay, thank you very much. Next, we did have someone identified as Rick that I no longer see him on this list. So, next we have Zoom user. I’m enabling audio video, on your end please join as panelist on your end, and you’ll be able to start your video and audio and identify yourself, clarify which agenda item you wish to testify on or if you do not wish to testify on any agenda item. Mr. Williamson: Hello my name is Mark Williamson and I’m a homeowner in Poipu Aina Estates. I moved there one year ago on April 29, 2021, and part of the reason we moved there was it was just a pristine, quiet area and I understand it is an ag zone. And with this HPM proposed site, we’re concerned about the impact it will have on the subdivision environment. And also, I keep hearing the letters from HPM that this is for low affordable housing. Do we know what percentage of their building will be for affordable housing versus just regular construction? That’s it for me. Ms. Sayegusa: During this public testimony we did also have a new Zoom attendee call identified as all, a-l- l. I am enabling your audio video. Please join as panelist on your end. You’ll be able to start your audio and video and identify yourself. Please identify yourself, if you’re comfortable, and clarify which agenda item you wish to testify on. Again, Zoom attendee who has identified him or herself as all, a-l-l, please unmute yourself and enable your audio and video if you wish to testify on any agenda item. Again, if there is any internet connectivity issues being experienced, please refer to agenda and join by phone using the telephone number listed on the agenda and we will return to any callers next. Giving it about 30 seconds. If I don’t hear a response, I think we’re going to assume that no testimony is wished to be provided at this time by all, a-l-l. Okay, Madam Chair, I’m going to move on to any callers that joined late, there are none, or who have joined since after the Zoom attendees, there are none. So, at this point, I’m sorry Chair, we have gone through all of the telephone numbers and Zoom attendees who have joined the meeting. Is there anyone else who has joined the meeting by Zoom link who has not testified on what they would like to testify on, please raise your virtual hand and I can recognize you at this point. The final call for public testimony on any agenda item. Anyone on the attendee list who would like to testify now on any agenda other agenda item, please raise your hand. I’m seeing no virtual hands raised so this concludes our oral testimony at this point. Turning the meeting back to you folks, Madam Chair. I’m sorry, Sir Chair. Sorry about that. Mr. Hull: That concludes the public comment portion of the agenda. Moving directly into the agency hearing portion of the agenda. Continued Agency Hearing SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-3) to accommodate streambank stabilization repair work involving a parcel along the Hanalei River along the makai side of Kuhio Highway in Hanalei Town further identified as 5-5016 Kuhio Highway, Tax Map Key: 5-5-010:067, containing a total area of 2.32 acres = HANALEI TRADRERS INC. Mr. Hull: Chair, we have F1., continued agency hearing, special management area use permit SMA-U- 2022-3 to accommodate streambank stabilization repair work involving a parcel along the Hanalei River along the makai side of Kuhio Highway in Hanalei Town further identified as 5-5016 Kuhio Highway, Tax Map Key: 5-5-010:067, containing a total area of 2.32 acres. Hanalei Traders Inc is the applicant. We have no in-person people signed up to testify on this agency hearing. Are there any members of the public in person here that did not sign up for the Hanalei Traders Inc application that would like to testify on the agency hearing? Seeing none, Jodi, I’ll turn it over to you. I believe have one testifier via Zoom that has specified they would like to testify during the agency hearing. 10 Ms. Sayegusa: Turning back to Andy Hood. Andy Hood, I am enabling your audio video. Please click on start video on your end and join as panelist. Whenever you’re ready you can begin your testimony. Mr. Hood: Hello, my name is Andy Hood. I’m with the firm Sustainable Resources Group International Incorporated. We’re the authorized agents for the Hanalei Traders who’s submitted a SMA major permit application. We are available to the Commissioners to answer any questions they may have regarding our request. Ms. Sayegusa: Thank you, again this is the agency hearing. The action item will be taken up a little later on the agenda. Mr. Hood: Okay. Ms. Sayegusa: That concludes any continued or any testifiers wishing to testify and reserve their testimony during this item. Mr. Hull: With that Mr. Chair the Department would recommend closing the agency hearing for Special Management Area use permit 2022-3, the applicant, Hanalei Traders Inc. Ms. Otsuka: Move to close. Ms. Apisa: Second. Vice Chair DeGracia: Motion on the floor is to close the agency hearing for this item. Clerk, can we get a roll call vote. Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Chair DeGracia? Vice Chair DeGracia: Aye. Mr. Hull: Motion passes, Mr. Chair. It was moved by Lori Otsuka and seconded by Donna Apisa to close the agency hearing. The motion passed by the following roll call vote: (Ako-Aye, Apisa-Aye, Otsuka-Aye, DeGracia-Aye, 4-0) New Agency Hearing CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT SP-2022- 1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along eastern side of Ala Kinoiki, approximately 3,300 feet west of 11 Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key: 2-9-001:001, and affecting a 3- acre portion of a larger parcel = HPM BUILDING SUPPLY. Mr. Hull: Next we go on to agenda item F2, new agency hearing, a., Class IV zoning permit Z-IV-2022-8, use permit U-2022-8, and special permit SP-2022-1 to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along eastern side of Ala Kinoiki, approximately 3,300 feet west of Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key 2-9-001:001, and affecting a 3-acre portion of a larger parcel. The applicant, HPM Building Supply. EXECUTIVE SESSION 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 the following matters: CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT SP-2022- 1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along eastern side of Ala Kinoiki, approximately 3,300 feet west of Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key: 2-9-001:001, and affecting a 3- acre portion of a larger parcel = HPM BUILDING SUPPLY. Vice Chair DeGracia: 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 the following matters. Class IV zoning permit Z-IV-2022-8, use permit U-2022-8, and special permit SP-2022-1 to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along eastern side of Ala Kinoiki, approximately 3,300 feet west of Weliweli Road and Ala Kinoiki intersection, further identified as Tax Map Key 2-9-001:001, and affecting a 3-acre portion of a larger parcel. HPM Building Supply. Director’s report received 4/28/22. Commissioners, can I get a motion to enter into executive session? Ms. Otsuka: Motion to enter executive session. Mr. Ako: I’ll second that. Vice Chair DeGracia: Motion on the floor is to enter into executive session. Could we get a roll call vote please. Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. 12 Mr. Hull: Chair DeGracia? Vice Chair DeGracia: Aye. It was moved by Lori Otsuka and seconded by Gerlad Ako to move into executive session. The motion passed by the following roll call vote: (Ako-Aye, Apisa-Aye, Otsuka-Aye, DeGracia-Aye 4-0) Mr. Hull: Motion passes, Mr. Chair. For the members of the public here, the Commission is going to move into executive session. We’re going to ask that you vacate the premises. Do you anticipate long Mr. Chair, Madam Counsel? Ms. Barzilai: About 15, 20 minutes maximum. Mr. Hull: About 15, 20 minutes before returning. Thank you. The Commission moved into executive session at 9:54 a.m. The Commission resumed agency hearing at 10:20 a.m. CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT SP-2022- 1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along eastern side of Ala Kinoiki, approximately 3,300 feet west of Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key: 2-9-001:001, and affecting a 3- acre portion of a larger parcel = HPM BUILDING SUPPLY. Vice Chair DeGracia: Okay, I call the agency hearing back to order. In light of my profession and in the best interest of this Commission on this matter, I will recuse myself for this specific agenda item. (Vice Chair DeGracia recused himself) Ms. Barzilai: In this case, Clerk, we will have Commissioner Ako Chair this item. Mr. Ako: Good morning. Let’s see. Now that Commissioner DeGracia has recused himself, we no longer have a quorum to conduct business on this. So, what we will be doing is we will be continuing to take agency testimony, but any action on this will be deferred to the, will be placed on the next Planning Commission meeting. With that, I’ll turn it over to our clerk. Mr. Hull: So, what the chair is stating is that with no quorum no valid action can be taken. So, they cannot move to defer, they cannot move to take action, to approve, to deny, or whatever action may be deemed appropriate. So again, no valid action can be taken without quorum. In light of lack of quorum, we are still receiving public testimony, so we will go through the agency hearing, receive additional public testimony that is going to be provided outside of what was previously received. So, for the in-person testimony we had 5 members signed up. We have no additional members signed up for in-person testimony. We are in the agency hearing again for Class IV Zoning Permit Z-IV-2022-8, Use Permit U-2022-8, and Special Permit SP-2022-1, the applicant is HPM Building Supply. Is there anyone else in person who would like to testify in agency hearing on this agenda item who has not previously testified? Seeing and hearing none, Jodi, I will turn it over to you for anybody on the Zoom or the phone like who would like to testify on this agency hearing. Ms. Sayegusa: Clerk, we do have Abby Holden who indicated that she would like to testify during the agency hearing. I have enabled your video and audio. On your end, please join as panelist on your end. 13 Ms. Holden: Yeah, good morning, Chair, Commissioners. I represent Pacific Resource Partnership, specifically related to our petition to intervene and to postpone hearing. So, I understand that without quorum there will be no action taken on that, so I don’t actually have agency testimony to provide. Ms. Sayegusa: Next we had Jerry DiPietro who indicated she would like to reserve her three minutes during this agency hearing. I am enabling your audio and video. Please join as panelist on your end. Ms. DiPietro: Aloha Commissioners and Department Chair. Mahalo, Jodi. I’m Jerry DiPietro, the President of the Koloa Community Association. I was going to testify on the HPM building permit. Is this the proper time? Ms. Sayegusa: Yes, this is the agency hearing for that item 2.a. Ms. DiPietro: Mahalo, Jodi. Thank you again. I wanted to express some of the concerns our board had and also, first I’d like to mahalo the residents who testified earlier. They brought up a lot of issues and concerns that we had not considered. Our main concerns about the project there, while we realize that trusses are very much in short supply and greatly needed, the letter from Mr. Fujimoto which we really appreciated getting early on, doesn’t really say which affordable projects they would be building the trusses for. And we know that there’s a great deal of homes to go up in Kukuiula that are not the affordable projects. So, we are concerned about traffic routes and the extra truck usage going up Maluhia. We also have the concern about the regional sewage treatment plant that is planned for the Koloa Mill area. Since 2008, Aqua Engineers HOH, now Hawaii Water, had an EIS for a regional plant to get the temporary sewage plant that’s so near the coast, to get that up to a higher elevation, and we really want to just be assured that the three-acre parcel that HPM is looking at is not be in conflict with the parcel which would be two or three acres for the sewage treatment plant. We just want to be sure everybody knows. We want to bring this up so everyone is on the same page. Those are our main concerns at this point so we will stay tuned. Thank you very much. Ms. Sayegusa: That’s all I had, Chair, for any other testifiers who wished to testify during this portion of the meeting hearing. Mr. Hull: Thanks, Jodi. With that, there’s no further testimony for this agency hearing. Again, there’s no valid action that can be taken with lack of quorum, so this agency hearing will be placed on the next upcoming May 24th Planning Commission agenda. Mr. Trask: Mauna Kea Trask for the record, attorney for HPM. I just want to get a little clarification on the process. My understanding is that public testimony has been postponed. Ms. Barzilai: Agency hearing has been continued. So, I would deem that public testimony is still open. Mr. Trask: Okay. And will members of the public, next meeting, people will still be able to testify, correct? Ms. Barzilai: That is my reading, yes. Mr. Trask: And let’s see, my understanding too is that given that it’s continued from today, no further public testimony, public notice, has to go out from the applicant, correct? This just gets taken care of. Ms. Barzilai: No. Mr. Trask: Thanks so much. No further questions. (Vice Chair DeGracia returned to the meeting) 14 CLASS IV ZONING PERMIT (Z-IV-2022-9) and USE PERMIT (U-2022-9) to allow construction of a new single-family dwelling unit on a parcel situated at the southern terminus of Leleiona Street in Puhi, situated approximately 800 feet south of its intersection with Puhi Road and further identified as 1811 leleiona Street, Tax Map Key (4) 3-3-011:003; containing a total area of approximately 3.401 acres = HAWKTREE LAND INC. Mr. Hull: Chair, we are at the next agency hearing , 2.b., Class IV zoning permit Z-IV-2022-9 and use permit U-2022-9 to allow construction of a new single-family dwelling unit on a parcel situated at the southern terminus of Leleiona Street in Puhi, situated approximately 800 feet south of its intersection with Puhi Road, Tax Map Key (4) 3-3-011:003. The applicant is Hawktree Land, Inc. Nobody testified during the public comment. We have no one signed up to testify in person. Just checking, is there anyone in person who did not sign up for the Hawktree Land Inc. application that would like to testify at this agency hearing? There’s no one who’s indicated that they would like to testify. On Zoom or phone numbers, Jodi is there any additional people that have logged on to Zoom or on phone that may want to testify on this item? Ms. Sayegusa: There was one Shirai Soltren. I’m going to promote you as panelist. Please join as panelist on your end and you will be able to start your video and unmute yourself and please clarify which item if any you wanted to testify on, more particularly if you wanted to testify on the Hawktree Land Inc. matter number 2.b. on the agenda. Shirai Soltren, you are able to speak at this point. Please clarify if you wanted to testify on this item, Hawktree Land, Inc., item 2.b., on the agenda. Ms. Soltren: No. No. Ms. Sayegusa: Thank you. Did you want to testify on any other item, agency hearing matter, just to clarify? Ms. Soltren: No. Ms. Sayegusa: Okay. Thank you very much. Mr. Hull: Hearing that, Mr. Chair, the Department would recommend closing agency hearing for the application for Hawktree Land, Inc. Ms. Otsuka: Move to close. Ms. Apisa: Second. Vice Chair DeGracia: Motion on the floor is to close agency hearing for this item. Can we get a roll call vote. Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Chair DeGracia? 15 Vice Chair DeGracia: Aye. Mr. Hull: Motion passes, Mr. Chair. It was moved by Lori Otsuka and seconded by Lori Apisa to move close agency hearing for agenda item F.2.b. The motion passed by the following roll call vote: (Ako-Aye, Apisa-Aye, Otsuka-Aye, DeGracia-Aye 4-0) SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2022-6, CLASS IV ZONING PERMIT (Z- IV-2022-10) USE PERMIT (U-2022-10) and VARIANCE PERMIT (V-2022-2) to allow installation of a stealth telecommunication structure and associated equipment on a parcel situated on the makai side of Aleka Loop in Wailua approximately 400 feetr east of the Kuhio Highway/Aleka Loop intersection, further identified as 650 Aleka Loop, Tax Map Key: (4) 4-3-007:028 and containing a total area of 10.377 acres = CELLCO PARTNERSHIP (DBA VERIZON WIRELESS) Mr. Hull: Next we have special management area use permit SMA(U)-2022-6, class IV zoning permit Z- IV-2022-10, use permit U-2022-10 and variance permit V-2022-2 to allow installation of a stealth telecommunication structure and associated equipment on a parcel situated on the makai side of Aleka Loop in Wailua approximately 400 feet east of the Kuhio Highway/Aleka Loop intersection, further identified as 650 Aleka Loop, Tax Map Key 4-3-007:028 and containing a total area of 10.377 acres. Cellco Partnership is the applicant. We have no one signed up in person to testify on agency hearing. Is there anyone in the audience, the physical audience here at the Civic Center, that has not testified for this agenda item, but would like to testify? Ms. Phelps: I’m with the applicant. Mr. Hull: Okay, we’ll be coming to that section. Ms. Phelps: I just wanted to make sure. Mr. Hull: Thank you. Anyone else who would like to testify in person on this agenda item? Seeing none, Jodi do we have any additional Zoom or telephone call numbers that may want to testify on this agenda item? Ms. Sayegusa: We do not have any other additional Zoom attendees nor conference call number attending. Mr. Hull: Thank you. With that, the Department would recommend closing the agency hearing. Ms. Apisa: I move we close the Special Management Use Permit SMA(U)-2022-10, Class IV Zoning permit Z-IV-2022-10, Use permit U-2022-10 and Variance Permit V-2022-2 agency hearing. Ms. Otsuka: Second. Vice Chair DeGracia: Motion on the floor is to close agency hearing for said item. Can we get a roll call vote. Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? 16 Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Chair DeGracia? Vice Chair DeGracia: Aye. Mr. Hull: Motion passes, Mr. Chair. It was moved by Lori Otsuka and seconded by Lori Apisa to move close agency hearing for special management use permit SMA-2022-10, class IV zoning permit Z-IV-2022-10, use permit U-2022-10 and variance permit V-2022-2. The motion passed by the following roll call vote: (Ako-Aye, Apisa-Aye, Otsuka-Aye, DeGracia-Aye 4-0) Mr. Hull: We have no continued public hearings, no new public hearings. The Commission approved the agenda, so the consent calendar is herby approved and received. GENERAL BUSINESS MATTERS Request to amend Condition No. 10 of Class IV Zoning Permit Z-IV-2011-12, Use Permit U-2011-12 and Special Permit Sp-2011-7 relating to commercial botanical garden tour operations involving a parcel situated approximately 900 feet west of the Ahonui Placde Kapa Ka Street intersection in Princeville, further identified as Tax map Key: (4) 5-3-008:012 affecting an 8 acre portion of 25.303 acres = Joseph Abbott & Jan Marie Jouflas (formerly William E Roverson Trust/Lucinda G McDonald Trust). Mr. Hull: Moving on to agenda item H, general business matters, request to amend condition number 10 of class IV zoning permit Z-IV-2011-12, use permit U-2011-12 and special permit SP-2011-7 relating to commercial botanical garden tour operations involving a parcel situated approximately 900 feet west of the Ahonui Place Kapa Ka Street intersection in Princeville, further identified as Tax map Key 5-3-008:012 affecting an 8 acre portion of 25.303 acres. The applicants are Joseph Abbott & Jan Marie Jouflas formerly William E Roverson Trust/Lucinda G McDonald Trust. I’ll turn it over to Dale for the Director’s report pertaining to this matter. Mr. Cua: Good morning, Chair, and members of the Planning Committee. If you guys are okay, I will be summarizing and highlighting portions of the Director’s report. (Mr. Cua read the Director’s report into the record. Copy on file at the Planning Department.) Vice Chair DeGracia: Do we have any questions for the Department. Ms. Apisa: No questions. Vice Chair DeGracia: Hearing none, we’d like to hear from the applicant or applicant’s representatives. Mr. Cohen: Good morning, Commissioners. It’s been a long time. My name is Harvey Cohen I’m an attorney representing Joe and Jan Marie Jouflas. Jan Marie is sitting behind me. As represented by the Director’s Report, the operation has been in existence for approximately 11 years. The current owner has owned since right before the pandemic. We’ve been closed the end of January 2020. I’m kind of in a 17 unique position because not only am I here as the applicant’s representative, I’m also the owner of the property that’s immediately adjacent to the botanical garden. In fact, the botanical garden envelopes my wife’s and my property on three sides. I was just thinking about this when I was here about 11 years ago when the original applicant was applying for the special use permit, I testified as what I called a YIMBY which was a yes in my back yard, but because this just in my mind a perfect use for agriculturally zoned lands. It’s also interesting that in the past year the County has adopted a modification to the CZO that makes botanical garden use not an approved use in the ag zone but that’s when you use that, it would be considered favorably if you had a new applicant that would have come forward with this type of application. Most importantly, there have been, in addition to my own endorsement, there has been absolutely no complaints in 11 years of operation, and I think our request today to renew the application, or renew the permit in perpetuity, is really as much in an effort to minimize the Commission’s time that we don’t have to come back here every couple of years. Obviously, if there’s complaints, we’ll be notified and learn about it, but in my mind, this is a perfect opportunity to endorse an agricultural use, ecotourism, if you want to call it that, but an amazing operation that has taken a lot of doing and a lot of hard work and continues to provide an amazing educational opportunity for tourists and local folks alike. We fully endorse the Director’s recommendation. I’m available to answer any of your questions. Vice Chair DeGracia: Commissioners, do you have any questions? Mr. Ako: I have a question. You know, since this operation started in 2011, since then you’ve had, what, at least three extensions, yeah? You got three years, two years, and then five-year extension, yeah? Mr. Cohen: Correct. Mr. Ako: Was the time limitations that were put on it because this is not a permissible activity? Mr. Cohen: You know, I wasn’t involved in the interim extensions, so I would have to ask what the Department’s thinking might have been in limiting those to two-year intervals. Mr. Hull: I can speak to that Commissioner Ako. I actually was the staff planner, ions ago. Generally when, at least in past practice, you see commercialization of agricultural land, I’m sorry let me take a step back. The botanical garden wasn’t at that time an outright permissible use within the agricultural district, particularly for commercial purposes of touring the botanical garden. And so, a use permit was required that necessitated the Commission would view the application, or two particular purposes. One, to determine compatibility and not having negative impacts on surrounding area in the neighborhood and those who frequent the area. But two, to ensure that this is bona fide agricultural operation that isn’t just a, you know, we see applications all the time the Department, we got some pretty nice scenery on agricultural land, come and trade money to tour it, which we would find to a certain degree contrary to the objectives of utilizing agricultural land to for the production of agricultural products. So, whenever, at least in the past, the Commission got these commercial proposals for actual tours and sales that would be occurring on property on agricultural land, there’s always some hesitation to ensure that the operation is a bona fide agricultural operation and not just a commercial tour operation. And so, sometimes these limitations were put on it to ensure that the operation would continue a bona fide agricultural nature and not turn into a vested, you know, commercial tour operation that has no growing of products whatsoever. And so, this two-year time window has been placed on a number of operations. It’s not unique to this one. They’ve been coming in for several years for renewals. At this point, after over a decade of operation and use, they are asking to be able to have this tour operation to be in perpetuity. The Department, in looking at it for years past, for how much they have been operating, are okay with that. There are still measures that need to be taken that if they did not continue that the actual operations of the tours should cease. We are comfortable moving forward with that, but also sympathetic to any concerns the Commission may have today. I don’t know if that answers your question or not. Mr. Ako: Yes. 18 Mr. Hull: Kind of long winded, sorry about that. Mr. Ako: Thank you. I guess I’m just wondering also, yeah. What would be the adverse impact if a permit was not issued in perpetuity and issued with a timeline? Would there be any? Mr. Cohen: I don’t think there’d be any dramatic impact. There might be some hesitation on the part of the applicant to invest in more botanical garden infrastructure if you will. I know initially, there was a tremendous expenditure of resources in removing invasive species and planting indigenous species and so forth. So, I think it’s more akin to like a long-term lease or a homeownership kind of thing. I think just knowing that as long as they remain good stewards and don’t engender any complaints, feels like it would be a nice endorsement for a good use. Mr. Ako: Thank you. Ms. Apisa: I’ll just offer my comments. I see that as sort of a probationary period, and I think they’ve certainly satisfied it. And speaking as a resident of the North Shore, I have heard only positive things about it and I’ve never heard one thing negative about the gardens. So, I’d just express my support. Vice Chair DeGracia: Any further questions for the department? I have one question for the department. If there were any changes to the use, would they have to come and revisit, say if they were going to change their times, or density. Mr. Cua: Yeah, one thing I wanted to note, in the Department’s recommendation, we also noted the previous conditions 1-9 still remain in effect. One of the conditions specifies if there is any change in use or operation, that it may be necessary to amend the use permit. Vice Chair DeGracia: Commissioners, any other questions? If we could have the recommendation. Mr. Cua: Sure. Moving on to the recommendation. It is recommended that the Commission approve the proposed amendment that would eliminate Condition 10 of the Class IV Zoning Permit Z-IV-2011-12, Use Permit U-2011-12 and Special Permit SP-2011-7. In addition, the applicant is advised that all applicable conditions of approval shall remain in effect. Thank you, commissioners. Vice Chair DeGracia: Any further discussion? If not, I’ll entertain a motion. Ms. Apisa: I move to approve the request to amend Condition Number 10 of Class IV Zoning Permit Z-IV- 2011-12, Use Permit U-2011-12 and Special Permit SP-2011-7 relating to the botanical garden tour operations. Ms. Otsuka: Second. Vice Chair DeGracia: Motion on the floor is to amend said permits. Can we have a roll call vote. Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? 19 Ms. Otsuka: Aye. Mr. Hull: Chair DeGracia? Vice Chair DeGracia: Aye. Mr. Hull: Motion passes, Mr. Chair. Vice Chair DeGracia: Thank you. Mr. Cohen: Thank you very much. It was moved by Donna Apisa and seconded by Lori Otsuka to approve the request to amend condition number 10 of class IV zoning permit Z-IV-2011-12, use permit U-2011-12 and special permit SP-2011. The motion passed by the following roll call vote: (Ako-Aye, Apisa-Aye, Otsuka-Aye, DeGracia- Aye 4-0) Request to amend Condition No. 5 of Class IV Zoning Permit Z-IV-1979, Use Permit U-1979-21 and Special Management Area Use Permit SMA(U)-1979-14 relating to sales activity involving The Cliffs at Princeville vacation resort further identified as 3811 Edward Road, Tax Map Key (4) 5-4-005:039 Princeville = THE CLIFFS AT PRINCEVILLE. Mr. Hull: Next we have under general business matters H.2. Request to amend Condition No. 5 of Class IV Zoning Permit Z-IV-1979-30, Use Permit U-1979-21 and Special Management Area Use Permit SMA(U)- 1979-14 relating to sales activity involving The Cliffs at Princeville vacation resort further identified as 3811 Edward Road, Tax Map Key 4-5-4-005:039, Princeville. The applicant is The Cliffs at Princeville. I will be turning it over to Alan Clinton, one of our planners for the Director’s report is out sick. So, I’ll pitch, in. Go easy on me. (Mr. Hull read the Director’s report into the record. Copy on file in the Planning Department. Mr. Hull: Ultimately, in short and in summary, the Department’s analysis and evaluation of this proposal is that being that it can actually reduce vehicular traffic congestion and owners within the site could have access to these two shared units, the department finds that it would not be impactful to the surrounding area or to vehicular congestion in the area and is ultimately recommending approval. We have the representative to the landowner as well. Vice Chair DeGracia: Commissioners, any questions at this time for the Department? Ms. Otsuka: I have a question. It says here, encourages guests to forego conventional vehicle rentals. How does the visitor get to the destination if they don’t rent a car? Mr. Hull: Whether it be like a taxi or carshares like Uber, Lyft, it’s fairly common for locales to utilize carsharing options to get to your destination and that destination has additional types of car sharing to utilize. This is really the first of its kind in the EV system that we can think of. Ms. Otsuka: And would you know why they are requesting two? Mr. Hull: I think there’s a part of the Department that also would like to see more of these types of opportunities available. I think the representative can address that. 20 Vice Chair DeGracia: Please if we could have the applicant or the applicant’s representative. Mr. Braman: Good morning. My name is Jim Braman, I’m the general manager of the Cliffs at Princeville. I’m sorry, did you need to re ask? Ms. Otsuka: No. Mr. Braman: The reason is we are the first in the State to start this, and so it’s a bit of an experimental situation for us and we want to gauge the demand. We would hope that it would grow, but at this point we are starting out with the company with two. We are going to build a structure for four to begin with as we do it with the hope that it will grow, but at this point, because it’s such a new idea for Kauai, we’d like to just start with two. Ms. Otsuka: I was concerned if you were going to create the infrastructure for just two, and later on it got very popular I didn’t want to imagine the cost involved for you to create more. Mr. Braman: Thank you. Mr. Ako: Chair, I got a question. Would the use of the EV cars be for your guests, or would anybody be able to use it? Mr Braman: Initially, it would be for our guests only. I would potentially be open to having someone else do it, but at this point we are only planning them for our guests. We don’t intend to become a rental car center Ms. Apisa: You might even be restricted for just your own use just because of the zoning makes it not commercial. Mr. Ako: One more question I had, you know on the Director’s report on page 8 I think. It’s on page 8, I think it’s referring to the condition, condition number 5. You talk about the activity sales area shall be restricted for activities desk that’s for sales of tours… And then, they go on to say that the rentals of large items that would be stored on property such as kayaks and bicycles shall not be allowed. So, I’m wondering whether that would, even if we crossed out motorized vehicles, the rentals of large items stored on property, would that include a car? Mr. Hull: Given that the proposal before you is specifically to address the EV sharing, the Department would take the interpretation that in this situation it wouldn’t, however I think your point is well, worth certainly taking a note, Commissioner Ako. We could be more specific to state rental of kayaks and bicycles shall not be allowed. Mr. Braman: Could I ask a question there. The concern about bicycles. Would we not want to promote bicycles as well, there’s the shared use path and that sort of thing, the ability to park bikes out front? Mr. Hull: There’s no prohibition on parking bicycles. The issue is that the condition restricts rentals of bicycles or kayaks still. To be quite honest, I think the Department would be open to making an analysis of opening up this area for bicycle rentals for commercial purposes, but that wasn’t part of this analysis. If there was desire to do that, we’d ask for a deferral so we could make that analysis. Mr. Braman: It’s fine. Mr. Ako: I don’t have a problem with having the EVs on site, I was just wondering whether this language itself, just by crossing out that motorized vehicle whether that would be enough to allow you to have the vehicles on property. 21 Mr. Hull: With that, I think Commissioner Ako, that point is taken to note and I would actually make an oral amendment to our recommendations to state that condition number 5 be amended to state rentals of kayaks and bicycles shall not be allowed. And should the Commission affirm that in a vote, the Department would also like to state to the applicant we are open to entertaining looking at making an analysis for bicycle rentals or even kayak rentals, but we would have to do that on a subsequent application. Mr. Braman: Thank you. Ms. Apisa: Is it necessary to specifically mention bicycles being prohibited? Kayaks and bicycles? Mr. Hull: Well, the condition is already in there with those two in there. I don’t want, and the Commission, the members of the public who are going to be watching this to view it as the Department is engaging on anti-multi-modal improvements or uses. The Department is actually open to multi-modal and bicycle uses. Just in keeping with the spirit of the way that this condition was crafted back in 2006 we would need an analysis for other vehicles such as bicycles. Mr. Braman: And it’s true we did not ask about bicycles at this point. Thank you. Ms. Otsuka: As Donna mentioned, we are all for bicycles, but you get to a point where it’s gona turn into a commercial business. Vice Chair DeGracia: Commissioners any other questions? I just have one question just moving forward. I’m anticipating personally thinking that this thing, you know, you guys are gona be successful. So, I guess, about how long do you think you guys want to analyze and maybe you guys want to come and revisit to expand on two vehicles to include maybe changing over to four or six? Mr. Braman: That’s a hard question. I would say a year at the outside. We should know very soon whether or not this is going to go well or not. Vice Chair DeGracia: Thank you, I agree. Commissioners, anything further? If not, I will entertain a motion. Go ahead. Mr. Hull: The Department, because it’s on report, I just did it orally, so if you folks are willing to accept that. If there are any objections of course we can keep it to the way it’s written. I orally made the proposed amendment that the condition number 5 be amended to read that activity sales area shall be restricted to activity desk for sales of tour activity or small local items for project guests only. A separate sundry shop area shall not be allowed other than for the sale of robot items in the activity sales area as represented. And the last sentence would state rentals of kayaks or bicycles shall not be allowed. Without any objections, I would stand by that amended report. Vice Chair DeGracia: Hearing no objections, Commissioners, I would entertain a motion. Ms. Apisa: I’ll make a motion to amend condition number 5 as amended by the Department for Class IV Zoning Permit Z-IV-1979-30, Use Permit U-1979-21 and Special Management Area Use Permit SMA(U)- 1979-14 relating to sales activity at the Cliffs at Princeville. Ms. Otsuka: Second. Vice Chair DeGracia: Motion was made and seconded. Motion is to amend Class IV Zoning Z-IV-1979-30, Use Permit U-1979-21 and Special Management Area Use Permit SMA(U)-1979-14. Can we get a roll call vote please? 22 Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Chair DeGracia? Vice Chair DeGracia: Aye. Mr. Hull: Motion passes, Mr. Chair. It was moved by Donna Apisa and seconded by Lori Otsuka to amend Class IV Zoning Z-IV- 1979-30, Use Permit U-1979-21 and Special Management Area Use Permit SMA(U)-1979-14. The motion passed by the following roll call vote: (Ako-Aye, Apisa-Aye, Otsuka-Aye, DeGracia-Aye 4-0) Vice Chair DeGracia: Thank you. Mr. Braman: Thank you very much. COMMITTEE REPORTS Subdivision Committee Mr. Hull: Next we have no communications for this meeting. Following that, we have committee reports, subdivision committee. I’ll turn it over to the subdivision committee chair for the report. Mr. Ako: Thank you, Mr. Clerk. The Kauai Planning Commission’s Subdivision Committee did meet this morning. Present at that meeting was Commissioner DeGracia and myself. The meeting was called to order at 8:32 a.m., and we had no minutes from the past meeting and no receipt of items for the record. On our agenda we had recommended for approval three different permits. One was S-2022-9, Tower Kauai Lagoons Sub 1, LLC, the second one was S-2022-10 which is the Hokuala Resort Subdivision 1A, and the third one was S-2022-11, Kauai Habitat for Humanity, and all three subdivisions were approved with a 2-0 vote. The meeting was adjourned at 9:06. Vice Chair DeGracia: Thank you Commissioner Ako. Can we get a motion to accept the report, approve the report? Ms. Apisa: Motion to approve the subdivision report. Ms. Otsuka: Second. Vice Chair DeGracia: Motion on the floor is to approve the subdivision report. We’ll do a voice vote. All in favor say aye. Opposed? Hearing none, motion passes. 23 It was moved by Donna Apisa and seconded by Lori Otsuka to approve the Subdivision report. All were in favor by unanimous voice vote 4-0. NEW BUSINESS Special Management Area Use Permit (SMA(U)-2022-3) to accommodate streambank stabilization repair work involving a parcel along the Hanalei River, along the makai side of Kuhio Highway in Hanalei Town, further identified as 5-5016 Kuhio Highway, Tax Map Key: 5-5-010:067, containing a total area of 2.32 acres = Hanalei Traders, Inc. Mr. Hull: Next we have L, New Business, Special Management Area Use Permit SMA(U)-2022-3 to accommodate streambank stabilization repair work involving a parcel along the Hanalei River, along the makai side of Kuhio Highway in Hanalei Town, further identified as 5-5016 Kuhio Highway, Tax Map Key 5-5-010:067. The applicant is Hanalei Traders, Inc. I’ll turn it over to Romio for the Director’s report. (Mr. Idica read the Director’s report into the record. Copy on file in the Planning Department.) Mr. Idica: Any questions from the Commissioners at this time? Vice Chair DeGracia: Commissioners? Ms. Otsuka: No questions. Vice Chair DeGracia: Can we hear from the applicant or applicant’s representative for this agenda item? Mr. Hood: Hello, this is Andy Hood with Sustainable Resources Group, the authorized agent on behalf of the Hanalei Traders, the applicant. Vice Chair DeGracia: Did you want to sum up anything within the application? Mr. Hood: The only thing to sum up is as previously stated, we were previously issued an SMA minor in 2017. Subsequent to that issue, we were waiting issuance of clean water act permits from the Army Corps engineer and the Hawaii State Department of Health. Those permits were acquired in late March of 2018 just mere weeks before the catastrophic flood event of April 14, 2018. As such, our client suffered significant economic hardships from that flood event and we weren’t able to put the bio wall in at that time or subsequent. So, we are now looking to reissue or re-energize if you will the project and the SMA is just one of the permits that we are renewing. All permits will be adhered to. The scope of the project has not changed since the time of first issuance. We look forward to receiving the SMA and moving forward on the project in a timely manner. Thank you. Vice Chair DeGracia: Thank you. Commissioners, any questions? Mr. Ako: I have one question, probably just for my curiosity than anything else, but in determining property size, where is the boundary line? I guess now because of the erosion, does the boundary line change? Mr. Hood: Good question. The best understanding of the deeded property line was, excuse me on the date but I think it was 1979 and it was the top of the river bank. Subsequent to that time, there’s been erosion of the riverbank of 20 to 30 feet along the subject property. So, the original acreage of the property was deeded at 2.32 acres. It has decreased somewhat because of the loss of the riverbank over that length of river channel. So, the 2.32 is the deedable acreage, however the client, the Hanalei Traders was allowed to reduce their taxable area by the County to accommodate losses from the erosion of the riverbank. 24 Mr. Ako: So, as you put in this stabilization in there, is stabilization in the current property or is it on the former property. Mr. Hood: It would be on the current property. It would be on the face of the river bank which is near the vertical along the entire extent of the property. So, the property, it would be on the river bank which is the Hanalei Traders property. Mr. Ako: Thank you. Vice Chair DeGracia: Commissioners, any further questions for the applicant? If not, Department, so you want to sum up your recommendation? Mr. Idica: Yes. Based on the foregoing evaluation and conclusion it is hereby recommended that Special Management Area Use Permit SMA(U)-2022-3 be approved. If approved, the following conditions within the Director’s report shall be included. Vice Chair DeGracia: Okay, thank you. Commissioners, if no further questions or discussion, I’ll entertain a motion. Ms. Apisa: I move that we approve Special Management Area Use Permit SMA(U)-2022-3 to accommodate streambank stabilization repair work submitted by the Hanalei Traders Inc. Ms. Otsuka: Second. Vice Chair DeGracia: Motion has been made and seconded. Motion is to approve Special Management Area Use Permit SMA(U)-2022-3. Can I get a roll call vote please? Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Chair DeGracia? Vice Chair DeGracia: Aye. Mr. Hull: Motion passes, Mr. Chair. Vice Chair DeGracia: Thank you. It was moved by Donna Apisa and seconded by Lori Otsuka to approve Special Management Area Use Permit SMA(U)-2022-3. The motion passed by the following roll call vote: (Ako-Aye, Apisa-Aye, Otsuka-Aye, DeGracia-Aye 4-0) CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT 25 SP-2022-1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along eastern side of Ala Kinoiki, approximately 3,300 feet west of Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key: 2-9-001:001, and affecting a 3-acre portion of a larger parcel = HPM BUILDING SUPPLY Mr. Hull: Next we have Class IV Zoning Permit Z-IV-2022-8), Use Permit U-2022-8 and Special Permit SP-2022-1 to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along eastern side of Ala Kinoiki, approximately 3,300 feet west of the Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key 2-9-001:001, and affecting a 3-acre portion of a larger parcel. HPM Building Supply is the applicant. Vice Chair DeGracia: Clerk, at this time, I’d like to recuse myself for this item. Mr. Hull: Thank you, Chair. With that, as with the agency hearing, this Commission no longer has quorum for this agenda item and no valid action can be taken. Accordingly, this agenda item will be moved to the May 24 Planning Commission meeting without any further discussion and action. CLASS IV ZONING PERMIT (Z-IV-2022-9) and USE PERMIT (U-2022-9) to allow construction of a new single-family dwelling unit on a parcel situated at the southern terminus of Leleiona Street in Puhi, situated approximately 800 feet south of its intersection with Puhi Road and further identified as 1811 Leleiona Street, Tax Map Key: (4) 3-3-011:003, containing a total area of approximately 3.401 acres = HAWKTREE LAND INC. Mr. Hull: With that, we’ll move on to the next agenda item, Class IV Zoning Permit Z-IV-2022-9 and Use Permit U-2022-9 to allow construction of a new single-family dwelling unit on a parcel situated at the southern terminus of Leleiona Street in Puhi, situated approximately 800 feet south of its intersection with Puhi Road and further identified as 3-3-011:003, containing a total area of approximately 3.401 acres. The applicant is Hawktree Land Inc. I’ll turn it over to Dale for the Director’s report pertaining to this matter. Mr. Estes: Hi. Mr. Hull: Oh, sorry, not Dale. I’ll turn it over to Kenny for the Director’s report pertaining to this matter. (Mr. Estes read the Director’s report into the record. Copy on file in the Planning Department). Vice Chair DeGracia: Thank you, Kenny. Commissioners, any questions for the Department? If not, can we hear from the applicant or the applicant’s representative? Ms. Dominguez: My name is Renee Dominguez, General Manager of Aloha Island Moving. Our purpose of housing is to bring in employees. We can’t find people here on island and we can’t provide housing for those who want to come down so that’s why we’re doing this. Mr. Ho: My name is Raymond Ho. I’m the representative for the applicant Hawktree International and the general contractor. Ms. Loo: Good morning, Chair DeGracia and Commissioners, Laurel Loo, attorney for the applicant. We’re here to answer any questions you may have. Vice Chair DeGracia: Commissioners, any questions? Ms. Otsuka: Yes. I understand personally how difficult it is to find employees. I was curious, but you actually answered my question. I wanted to know if you exhausted your search for employees who are currently Kauai residents. So, with this building in mind, you’re expecting to search for employees outside 26 of Kauai? Ms. Dominguez: Yes. Ms. Otsuka: So, you exhausted your search? Ms. Dominguez: We’re still exhausting. We’re trying. We’re still trying. We’re using all avenues possible whether it’s through word of mouth, Indeed, Craig’s List, I mean everything we can do to actually bring work here for the community but unfortunately we can’t find anybody. Ms. Otsuka: You currently have employees now? Ms. Dominguez: Yes, but it’s very limited. We’ve had to close some of our divisions down because we’re unable to service the community for the housing department which is household goods and whatnot. So, there’s some divisions that we’ve had to close down because of lack of employees. Ms. Otsuka: So, those employees you have now, is it safe to say no one will come to you and say can I have one of those bedrooms for six months? Ms. Dominguez: I don’t think so. I don’t think anybody wants to, I mean that have access to them at all times. Ms. Otsuka: Okay, thank you. Vice Chair DeGracia: Any other questions? Mr. Ako: Yes. I hate to prolong the meeting, and excuse me for my ignorance, but is that a Kauai based company or is this a statewide? Ms. Dominguez: It is a statewide, so the main office is in Honolulu. Mr. Ako: So, would you anticipate maybe bringing in employees from I don’t know, Oahu maybe to stay here for six months to fill up vacancy? Ms. Dominguez: No Sir, I don’t think so. Well, I think we could if we needed to. Currently, we are renting hotels and whatnot to bring in people from other divisions like from Oahu, Maui, Hilo to come and work and fill those positions, but it’s becoming very, very expensive, which in turn the cost is higher for the people here to get those services. Mr. Ako: Was this a pre pandemic issue also or is it a post pandemic issue? Ms. Dominguez: It started pre pandemic, but it just got worse. Mr. Ho: If I may address that question. I’m also a realtor. I was approached by them to look for housing a number of years ago, the former manager was Ron Victorino, and I built a warehouse for them. And in that course I was searching, and having background on real estate and development, I knew they could build worker housing on site. Because they were willing to look at buying a place and I said if you buy a place to staff your worker housing off site, they’re going to spend an hour just traveling to and from work. It would be better for you, for them, to have your employees right there. Although this is a temporary basis, no one has to go on buying permanent housing. So, I think it was a win win for them to consider that rather than going out and purchasing a home in the community, especially today. Mr. Ako: So, right now it’s only for six months, right. Is that an internal policy or is that something that 27 comes with the permit itself. I guess, I’m thinking in my mind, eventually you want to have that used as worker housing and not just a temporary place for six months. Would that be possible? Mr. Ho: I don’t think it makes sense. Mr. Ako: Okay, I’m sorry. Let me withdraw that question. Mr. Ho: I don’t think they want to be landlords, dealing with families, and this type of issues, they rather keep it separate. Mr. Ako: You mean the company would not. Mr. Ho: Yeah, the company, I don’t believe, has worker housings on any of the other islands. Ms. Dominguez: It’s meant more for transitional to come here and make sure that this is somewhere you want to stay and bring your family. So, that’s really the goal, transitional housing. Vice Chair DeGracia: Commissioners, further questions. Ms. Apisa: Just a comment, I mean as a business owner and as a realtor, I do know both aspects, it’s very, very difficult to gain employees, and housing is even worse, and traffic you know is a problem, so it is really smart to house someone on property. I think it’s a great idea. Vice Chair DeGracia: One question out of curiosity, how many employees do you guys employ statewide and how many employees do you guys employ for Kauai? Ms. Dominguez: Here on Kauai, we have 50 employees, roughly. For the whole state, I want to say it’s 800 maybe. Vice Chair DeGracia: I guess I was wondering what your labor pool base and, you know, how this transitionary housing will help facilitate your business. Ms. Dominguez: I think for us here on Kauai, it’s major. Not so much for other areas, I think we are the ones struggling the most. We actually have outsourced through other companies too, that’s where we got the idea from for transitional, where we bring in helpers for six months at a time. We actually bring them in three months at a time. So that’s where the idea came, so it is helpful. That 50 does not count those transitional, those that we’re outsourcing right now. Vice Chair DeGracia: Thank you. I’m excited to see how this all works, and this could be a model for other businesses. Mr. Ako: I’m sorry, so 50 is your current or is that your total full employment number? Ms. Dominguez: That’s my full employment number when we’re at full capacity. Mr. Ako: Yes, currently you’re at? Ms. Dominguez: Forty. Mr. Ako: Forty. Vice Chair DeGracia: Commissioners, any further questions for the applicant or the Department? If not, Kenny, do you have anything further you’d like to sum up from the Department? 28 Mr. Estes: No, I do not. Vice Chair DeGracia: Okay, I’ll entertain a motion, Commissioners. Mr. Ako: I’ll so move for the approval of the Class IV Zoning Permit Z-IV-2022-9 and Use Permit U-2022- 9, name of applicant, Hawktree Land, Inc. Ms. Otsuka: Second. Vice Chair DeGracia: Motion has been made and seconded. The motion is to approve Class IV Zoning Permit Z-IV-2022-9 and Use Permit U-2022-9. Could we have a roll call vote please? Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Chair DeGracia? Vice Chair DeGracia: Aye. Mr. Hull: Motion passes, Mr. Chair. Vice Chair DeGracia: Thank you. SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)2022-6, CLASS IV ZONING PEDRMIT (Z-IV-2022-10), USE PERMIT (U-2022-10) AND VARIANCE PERMIT (V-2022-2) to allow installation of a stealth telecommunication structure and associated equipment on a parcel situated on the makai side of Aleka loop in Wailua, approximately 400 feet east of the Kuhio Highway/Aleka Loop intersection, further identified as 650 Aleka Loop, Tax Map Key: (4) 4-3-007:028 and containing a total area of 10.377 acres = CELLCO PARTNERSHIP (DBA. VERIZON WIRELESS). Mr. Hull: Next we have Special Management Area permit SMA(U)2022-6, Class IV Zoning permit Z-IV- 2022-10, Use Permit U-2022-10 and Variance permit V-2022-2 to allow installation of a stealth telecommunication structure and associated equipment on a parcel situated on the makai side of Aleka loop in Wailua, approximately 400 feet east of the Kuhio Highway/Aleka Loop intersection, further identified as 650 Aleka Loop, Tax Map Key: 4-4-3-007:028 and containing a total area of 10.377 acres. Cellco Partnership dba Verizon is the applicant. I’ll turn this over to Romio for the director’s report pertaining to this matter. (Mr. Idica read the Director’s report into the record. Copy on file in the Planning Department) Mr. DeGracia: I have one question. I don’t know if you would be the department, but for archaeological monitoring and cultural monitoring, who conducts those monitorings? Is it a third party or is it an agency? 29 Mr. Idica: It’s a third party. Mr. Hull: Just to clarify, it depends on the project area and scope of work, if you will, as to whether or not State Historic Preservation Division is tasked with the jurisdiction over cultural assets or archaeological assets and the way they should be treated during development. So SHPD in their determination, based on the proposal, based on inventory, based on studies, what type of monitoring may be necessary for a particular proposal. Romio, correct me if I’m wrong, I don’t believe we have received SHPD’s comments yet on this application. Mr. Idica: That is correct. No comments have been received by SHPD at this time. Vice Chair DeGracia: Okay, Commissioners, any other questions for the Department? If not, can we please hear from the applicant or the applicant’s representative? Ms. Phelps: Good morning, Mr. Chair, and members of the Commission. Thanks for the opportunity to speak to you this morning. My name is Kathy Phelps, I’m Verizon’s representative on this project. We have been working on the project for about two years due to mostly the global pandemic, so we’re happy to be here this morning in front of you. The proposed project is designed to address a significant gap in customer usage in the Kapaa area. Specifically, the coverage improvements are directed at the Sheraton as well as the other resorts and commercial properties in the area. It will also improve service along Kuhio Highway in that general area. And just to, Romio did a wonderful job on the scope of work, but just to elaborate a little bit on it. The antennas, the reason that we need the 3-foot variance is they are 8 foot antennas that go inside the screening and they have cabling and wiring that have to be plugged in underneath the antenna hence the 10 feet rather that keeping it right at 8 feet antenna. The equipment, the reason that we chose to put in at grade was to limit our access. It is a resort. We didn’t want to have to bargain all the time. It’s usually equipment and generator that needs routine maintenance. It does have an emergency generator so in case there is a hurricane or what have you that will be up and going in a natural disaster. Then the issue came up with SHPD, so the building was built in 1977. So, when we filed the zoning application at the time, it was not required to file for that. The building does turn 45 this year. Verizon will have to, based on their guidelines that they do within their company, they will file with SHPD prior to construction soon as it turns 45 years old. There is a condition number 9 in here that addresses SHPD’s comments. So, if they have any comments, mitigation measures, we will comply with that. That being said, Verizon accepts all the conditions of approval. They respectfully request that you approve this project today so that they can proceed and move forward. If there’s any questions? Vice Chair DeGracia: One question. So, my understanding is that SHPD still has yet to comment on this project. Ms. Phelps: Yes, so Mr. Buckley in DLNR called me last week and asked for the Section 106. Generally, I’m not asked for those so it kind of caught me off guard. I went back to Verizon, asked if they had filed. The woman was on vacation until yesterday. I literally just got a text about why it wasn’t filed two years ago when the project was put forward. So, that will be ordered as soon as possible because that can take a few months. Vice Chair DeGracia: I guess a lot of my concern lies in that area, being that I believe that area to be very sensitive, especially with the trenching that will commence with over 700 linear feet going down x amount, that’s quite a bit of dirt to be dug out. Ms. Phelps: Correct. It’s around 84 cubic yards of dirt. And then, any archaeological report there is, they do talk about potential artifacts there, and so we will comply with whatever mitigation, third party, we need to appease that. 30 Mr. DeGracia: Commissioners, you have any questions, comments? Mr. Hull: Mr. Chair, just for clarification for your concerns concerning the archaeological work, the Department understands that there have been a fair amount of iwi kupuna unearthed within proximity to this proposal. Is your intention to look at holding the permits, holding action on the permits, until the Department has received comments from SHPD, or possibly taking action on the permits and say if action is taken having that as a condition of approval. Mr. DeGracia: I have no problem with the permitting as long as there is, it’s in place that they have their procedures if anything is unearthed and that everything is followed respectfully, mitigating so that we don’t destroy any of these cultural resources. That’s where my concern lies. Ms. Phelps: Yes, Verizon, their license, their business is at stake, so yes, they completely understand that. Mr. Hull: With that, should action be taken today, the Department will definitely fold that into effect that we will not be taking on building permit action until SHPD’s requirements are met. Ms. Phelps: Absolutely. We agree. Vice Chair DeGracia: Commissioners, anything further? If not, I’ll entertain a motion, unless you want to sum up. Mr. Idica: Based on the foregoing evaluation and conclusion it is hereby recommended Class IV Zoning permit Z-IV-2022-10, Use Permit U-2022-10 and Variance permit V-2022-2 and Special Management Area Use Permit SMA(U)2022-6 to be approved with conditions of approval as outlined in the Director’s report. Vice Chair DeGracia: Thank you, Romio. I’ll entertain a motion, Commissioners. Mr. Ako: I will so move for approval of Class IV Zoning permit Z-IV-2022-10, Use Permit U-2022-10 and Variance permit V-2022-2 and Special Management Area Use Permit SMA(U)2022-6, applicant CELLCO Partnership doing business as Verizon Wireless. Ms. Apisa: Second. Vice Chair DeGracia: Motion has been made and seconded. Motion is to approve said permits. Could we get a roll call vote? Mr. Hull: Roll call, Mr. Chair. Commissioner Ako? Mr. Ako: Aye. Mr. Hull: Commissioner Apisa? Ms. Apisa: Aye. Mr. Hull: Commissioner Otsuka? Ms. Otsuka: Aye. Mr. Hull: Chair DeGracia? Vice Chair DeGracia: Aye. 31 Mr. Hull: Motion passes, Mr. Chair. It was moved by Gerald Ako and seconded by Donna Apisa to approve Class IV Zoning permit Z- IV-2022-10, Use Permit U-2022-10 and Variance permit V-2022-2 and Special Management Area Use Permit SMA(U)2022-6, applicant CELLCO Partnership doing business as Verizon Wireless. The motion passed by the following roll call vote: (Ako-Aye, Apisa-Aye, Otsuka-Aye, DeGracia-Aye 4-0) Ms. Phelps: Thank you, appreciate it. Vice Chair DeGracia: Thank you. ANNOUNCEMENTS Topics for Future Meetings Mr. Hull: With that we have no further general items or announcements. Topics for future meetings, coming up on the May 24 agenda we actually have to look at re-reviewing several agenda items that took place back in February. This is due to an objection made by the Office of Information Practices as well as Civil Beat Law Center. So, we’ll be bringing back those agenda items to re-reviewed. This got put on May 24. Obviously, HPM will be on that agenda as well. And then, moving into June, we have a few zoning amendments pertaining to the Cliffs at Princeville, the proposal you folks just had, recognizing that that’s a pilot but there is actually probably going to be a fair amount of benefits that can be made from such proposals, but as well as understanding that it needs to be done in appropriate areas. We are looking at drafting up a bill to look at EV car sharing something to the effect of in residential areas, only to be used by residents of those areas, within a certain proximity of that area of the driving stations and then allowing for commercial uses of those types of facilities in commercial or resort zoned districts. But anticipating that this pilot project may actually stir a lot more activity, we are trying to get out in front of the ball before it starts rolling over us. So, that’s what we anticipate having on the agenda as well. If there’s anything else, Commissioners, that you would like to see on the agenda. Ms. Apisa: On that, I just forgot to ask the Cliffs about chargers or even if the County is going to be putting in or requiring businesses, I mean right now being an electric car driver myself, there are very limited places you can charge it, so I would assume we would see more places pop up. Mr. Hull: Yeah, I don’t want us to veer too far off the agenda, but there is demand for it, so you’re seeing this come up more frequently. But also, Hawaii Revised Statutes had some requirements. There was a robust movement at the State Legislature this past session to get a lot of charging stations in play, and I think it ultimately died because it was almost too robust, but we are beginning to see those from a policy standpoint and from a marketing standpoint. Ms. Apisa: I notice the County here at the County building, you have a number of charging stations. It’s pretty proactive. Thank you. Mr. Hull: Thanks, Commissioner. With no other agenda or points of interest if you folks have some or want to talk to us on the side then we can talk to the Chair. Please feel free to reach out. The following regularly scheduled Planning Commission meeting will be held at 9:00 a.m. or shortly thereafter, on May 24, 2022. The Planning Commission anticipates this meeting to be held in person at the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Hawaii, 96766. The Commission also anticipates providing telephone and a virtual platform capability for members of the 32 public to testify remotely. The Commission will announce its intended meeting method via an agenda electronically posted at least six days prior to the meeting date. Mr. Hull: And with that, the following regularly scheduled Planning Commission meeting will be held at 9:00 a.m. or shortly thereafter, on May 24, 2022. The Planning Commission anticipates this meeting to be held in person at the Lihue Civic Center, Moikeha Building, Meeting Room 2A-2B, 4444 Rice Street, Lihue, Hawaii, 96766. The Commission also anticipates providing telephone and a virtual platform capability for members of the public to testify remotely. The Commission will announce its intended meeting method via an agenda electronically posted at least six days prior to the meeting date. With that Commission Chair, we are ready to adjourn. ADJOURNMENT Vice Chair DeGracia: Motion to adjourn? Ms. Otsuka: Motion to adjourn. Ms. Apisa: Second. Vice Chair DeGracia: Motion is to adjourn. Let’s do a voice vote. All in favor say aye. Opposed? Motion passes. Thank you, Commissioners. It was moved by Lori Otsuka and seconded by Donna Apisa to adjourn the meeting. All were in favor by unanimous voice vote, 5-0. The meeting adjourned at 11:43 a.m. Respectfully submitted by: Duke Nakamatsu, Secretary ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of meeting. 1 KAUA‘I PLANNING COMMISSION REGULAR MEETING May 24, 2022 DRAFT The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair Gerald Ako at 9:03 a.m. The following Commissioners were present: Mr. Gerald Ako Excused or Absent Ms. Donna Apisa Ms. Helen Cox Mr. Melvin Chiba Mr. Francis DeGracia Ms. Lori Otsuka The following staff members were present: Planning Department – Director Kaaina Hull, Deputy Director Jodi Higuchi Sayegusa, Myles Hironaka, Dale Cua, Kenny Estes, Romio Idica, and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – Deputy County Attorney Laura Barzilai, Office of Boards and Commissions – Administrator- Ellen Ching, Administrative Specialist Anela Segreti, and Support Clerk Arleen Kuwamura. Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Gerald Ako called the meeting to order at 9:03 a.m. Mr. Hull: Alright Chair, it’s 9:03. We’re all set on the virtual platform whenever you’re ready. Mr. Ako: Good morning, everybody. Thank you for coming and being here. I will now call to order the meeting of the May 24, 2022, meeting of the Kauai County Planning Commission. Mr. Clerk, would you please call the roll. ROLL CALL Mr. Hull: Commissioner Apisa is not present and excused. Commissioner Cox is not present and excused. Commissioner De Gracia is not present and excused. Commissioner Chiba is not present and excused. Commissioner Otsuka is not present and excused. Chair Ako. Chair Ako: Present. D.2. Aug. 23, 2022 2 Mr. Hull: You have one commissioner present, Mr. Chair. You do not have a quorum to conduct any further business. Chair Ako: Seeing that five commissioners are presently excused, pursuant to Commission Rule 1- 2-4, we are unable to meet a quorum to transact any business at today’s meeting. We may, however, pursuant to Hawaii Revised Statutes, Section 92-2.5 e, accept oral testimony from the public on any agenda item. No debate, discussion or action on any agenda item can occur today and can only be taken up when the Commission meets with quorum. Alternatively, however, anyone here today to testify in person, by phone, or on Zoom may preserve their testimony until the next scheduled meeting of the Commission, at which time we anticipate taking up the same agenda items. You can testify, if not, you can wait ‘til the next meeting. Mr. Hull: With that, Mr. Chair, we have 10 individuals in person, here that signed up to testify. I’ll call through the names as they were signed up for, in the order that they signed up. Again, as the chair reiterated, there is no quorum so no action will be taken today. You can provide your testimony today or reserve it for the next scheduled meeting when we anticipate quorum being made, and after that, debate, discussion, or action may be taken. So going through the list as they were signed up, first we have Roslyn Cummings. Ms. Cummings: Before I start my testimony is there a attorney representative for the County of Kauai here in the room? Mr. Hull: Correct. Ms. Cummings: Hi. Can you please state your name? Ms. Barzilai: My name? Ms. Cummings: Yes. Ms. Barzilai: Laura Barzilai. Ms. Cummings: Okay. Aloha Kakaou. My name is Roslyn Cummings in care of Roslyn Nicole Manawaiakea Cummings. I’m a wahine maoli and kanakamaoli here in protection of aina. I’m here to speak in regards to number S-2022-6, Kukuiula Development Company LLC, and then I’m going to come back on to speak for subdivision application number S-2021-1, Kukuiula Development Company LLC. The first one is proposed 51 lot subdivision and the second is 41 lot subdivision. So, let me just start off by stating the Land Commission use, this was changed in I believe 1978, 79 and it was from ag to urban which then we found out later that, this is a statement from the State, that the County is in charge of the ordinance and the zoning for these, is that correct? You don’t have to answer me right now. Anyhow, the last meeting, one of the chairs stated that they have a fiduciary duty, and under law fiduciary means that it’s a duty to the trust. So, my question about that one there is what trust are you speaking about? In regards to Kukuiula it’s the largest reinternment in the area of the south side. So, every burial that is found in the south area of Kauai, they’re taking out the burials and putting into this development into a large reinternment cave. So now, let me start bringing up the penalties for public officers. So the U.S. Code Title 42 penalties, lowest two principles (inaudible) I’m going to go on to violation of oath of 3 office. $250,000 on 18 U.S. Code 3571. Another one is treason, $250,000 18 U.S. Code 3571. Genocide is $1 million 18 U.S. Code 1091. Extortion is $5,000 18 U.S. Code 872. Fraud $10,000 U.S. Code 1001. For every desecration of our burials detrimental to our people, right here I have an affidavit I was served with a notary to the Department of County of Mayor’s Office last year, and it was also mailed out, it was returned by mail through, the mailing address was Kilohana. And so, I don’t know how this had happened, but this affidavit quotes the entire section of the mahele, the great mahele which is land in held in perpetuating, and lists Koloa ahupuaa as government land. So that land, that money that comes from that land, is supposed to be to the Hawaiian Kingdom. So, let me just bring up the law because according to what was stated by the member and agency of the Planning Department, the last meeting I was on and I have it on recording, is stated that they have fiduciary duty to the United States of America Constitution. So, the United States of America Article 6, Section 2, The Supremacy Clause, law the land, basically states the United States of America must uphold all treaties that it enters into. So, there’s a treaty of commerce, navigation and friendship between the United States of America and the Hawaiian Kingdom which is its people and the Kingdom of Hawaii. So, what I’m here is to just take notice that I’m here to go against these plans because it’s very detrimental to the kanakamaoli people and again, there is a large reinternment cave in Kukuiula, and it’s been known from 2005 up until now that there is a lot of damage happening in Kukuiula. Is my time up? Mr. Ako: Please wrap it up. Ms. Cummings: Okay, so am I gona come back on for the next agenda? Mr. Hull: So, Ms. Cummings, I’m hearing that you’d like to testify on two agenda items. Ms. Cummings: Correct. Mr. Hull: Being we don’t have quorum; we won’t be going through the actual agenda. You stated you’re wanting to testify on second agenda item? Ms. Cummings: Right. Mr. Hull: You can testify right now. Ms. Cummings: Okay, so for my understanding, one of them is, so the number S-2021-1, that one there is 40-unit lot subdivision and I believe this is the one that’s behind the shopping center. Then you have, and that one there is in final, right, approval? And the other one is preliminary, the S- 2022-6. This one here I’m very, very much against. I’m against all development actually, but Cheifess Kamakele is kanu, buried in that area. A Kahi Kawalu is along with numerous villagers and warriors and they’re in a large cavern area of the Koloa aqueduct system. There has been numerous issues and lawsuits that have come up. That’s why the Knudsen Trust pulled out their request for these developments and I don’t know how these things are getting approved. But my thing to it is, is there a waste management plan? Is there an evacuation plan? Where is the water management plan? Because I want to know where that water is going and how is this going to leave a positive note for the community. And that’s not the community as in the foreign community, I’m talking about the kanakamaoli, the people who have been here before the foreigners came. So, I want to know how is that going to help us because then you take away our 4 gathering rights, our privileges. You take away our limu, you take away our fish. All of that waste, where is that going to go? That is my question to you, so mahalo for your time and have a nice day. Mr. Hull: Thank you for your testimony. Moving on to other members that have signed up on agenda item 2, is Chris Delaunay. Mr. Delaunay: Aloha Commissioners, Chris Delaunay with Pacific Resource Partnership. I’m here to testify on the HPM Building Supply’s February 4, 2022, application for a special permit, use permit, and class IV zoning permit. PRP, Pacific Resource Partnership, is a non-profit market recovery trust fund which represents approximately 7,000 men and women, union carpenters, and 240 large and small contractors in the State of Hawaii including approximately 250 individual and unionized contractors on Kauai. We are testifying, or we respectfully request that the hearing on the subject application be postponed as it warrants further study. A lot of the assertions about HPM are not supported by real evidence and need further analysis. Postponing the hearing on the application will provide more time for further study, the project, and it’s impacts to the local economy, community environment. For instance, we don’t know if this project supports the general plan. We don’t know whether the project will provide jobs and living wages. We don’t know whether this project will reduce the cost of housing materials given that HPM has indicated in this application that they will be shipping lumber from the pacific northwest which will incur substantial shipping costs. Further, it is our understanding that the old sugar mill of Koloa is listed both on the State and National Register for historical places. To our knowledge there is no indication that the applicant or County has satisfied State and Federal requirements such as submitting a 6e Hawaii Revised Statues submittal form to the State Historic Preservation division to review impacts that this project will have on the historic site. As we stated before, what’s the harm of providing more time to stakeholders and the community to examine these assertions and whether this is an appropriate site for a manufacturing plant? Thank you for this opportunity to testify. Chair Ako: Thank you. Mr. Hull: Next we have Roland Albarado. Mr. Albarado: My name is Roland. I’m a resident on Kauai. Been with the truss business over, coming up on a year, and it’s a benefit for me and my family and to the people on Kauai. We have this tress plant it will be a lot cheaper for the residents of Kauai instead of getting shipped from Big Island where we can just do it on the island and service our people. Mr. Hull: Thank you for your testimony. Next, we have Kainalu Glushenko. Mr. Glushenko: Aloha. Good morning. I’m Kainalu Glushenko. Born and raised on the island of Oahu, Nanakuli. The locals over there, they’re for the community. They’re like, how would you say? They want to benefit their future generations. I feel like HPM, you put that plant there, they’re going, not just the locals but you know, but everybody, just one community wise. I’m 110% on. They provided one opportunity, not just one opportunity, my career to provide for my family. I’d like to thank HPM from the bottom of my heart. That’s all I have to say. 5 Mr. Hull: Next we have Mark Acoba. Mr. Acoba: Good morning. My name is Mark. I’m with the truss plant and I live a little over 300 yards away from the truss plant and the noise, I have no problem with it. That’s it. Mr. Hull: Thank you for your testimony. Next, we have Kainalu Camelo-Efhan. Mr. Camelo-Efhan: Good morning. My name is Kainalu Camelo-Efhan. I’ve been living on Kauai my whole life. I currently live in Anahola. I’ve been proudly serving the island of Kauai in the truss industry for four years. Our team has built trusses for many community projects on Kauai, PRP projects. YMCA pool pavilion, Island School addition, Anaina Ho picnic shelter, Kingdom Hall Jehovah’s Witness in Kilauea, Kealia bike path pavilions, Princeville Community Center, Saint Catherine’s admin building, Kauai Christian Academy, Kanuikapono School, Koloa Missionary Church, Kauamakani park pavilion, Hanamaulu baseball field pavilion, Kapaa High School walkway and pavilion, Hindu temple pavilion, Rotary Club of Kauai, PMRF, (inaudible) shelter, Wailua golf course maintenance building, Kealia fire station, Lihue court buildings, Mahelona Hospital, National Tropical Botanical Gardens comfort station, Spouting Horn pavilion, Kauai Hospice, Wilcox Elementary School, Salvation Army of Kauai, Kokee Boy Scouts bathroom, Department of Hawaiian Home Lands office, Lydgate park pavilions, Kalaheo School, Hanapepe Health Center, Kapaa Solar facility, Hanapepe Library extension, Easter Seals of Kauai, Kilauea Elementary School, Kokee hunter check-in station, Filipino Cultural Center, Kapahi pavilion, (inaudible) of the pacific. These projects have benefits Kauai’s local community and I take great pride in being able to say I played a part in contributing to the community. Mr Hull: Thank you for your testimony. Next, we have Michael McDermott: Mr. McDermott: Hi my name is Michael McDermott. I lived on Kauai my whole life and been in the truss industry for 20 years. Those 20 years in the truss industry, my team and I have cut, built, and delivered 90% of trusses on the island of Kauai. From your family’s pet doghouse to multimillion dollar custom homes, to high end resorts for our visiting guests, we’ve also played a huge part on affordable housing for the island of Kauai. Here are some examples: Habitat of Humanity, self-help housing in Puhi, Kapaa and Lihue, Hawaiian Homes in Anahola, Kalepa village in Hanamaulu, Kauai Makana in Koloa, Rice Camp in Lihue, Pua Loke Apartments, the new one right by the movie theater, Kolopua apartments in Princeville, Kealaula housing in Lihue. I was fortunate enough to be hired by HPM who’s a family-owned business for a hundred years, they’re local, for the locals. What give me the greatest feeling of accomplishment, seeing the people of Kauai, members of the community, from that generation moving forward with their dream homes. With the proposed facility, we can continue to provide quality component products at an affordable price for locals and residents alike. This island is in desperate need of affordable housing. It’s a problem. Please help approve this facility so we can contribute to this ongoing problem. They already have been. Jason and the HPM company have given us jobs to help keep us going. And we intend to do that one million percent. I too am looking to buy a home. I can’t afford it right now. I get one wife and two kids and we are desperately looking for buy one house. Rent is through the roof. This facility will help that problem. I promise you guys that. If you guys please pass this facility we can do good for this community for the locals and the visitors alike. We not going discriminate. Thank you. 6 Mr. Hull: Thank you for your testimony. Next, we have Cal Santos. Mr. Santos: Aloha my name is Cal Satos. I’m a lifelong resident of Koloa. My family has been there from 1938. The location of this plant is about a mile from my property, and I had no idea this was happening. You know, this is nothing personal with these guys, I know a lot of these guys, we work in the same industry together. But my concern is I’m a strong union member. The union has provided me a great life, I got to purchase a home on the road I grew up on, and I don’t know if this is going to take away work from us because I know it’s a truss factory. We need that, but I’ve been hearing it’s going to be prefab walls. We are one of the strongest unions in the nation, and it’s created a lot of opportunities and jobs for local people. I know that you guys said affordable housing. You know, I built 151 affordable housing in Hanamaulu, with 10 custom homes in the last 5 years. I’ve been a part of that project and like I said, I’m strong union member. I’m sad to say I’ve got to oppose this project for now because I have no information about it. No information has been presented to us. I don’t know the cause and effects of my property value, the place where I grew up. I’ve been there since 1938. Like I said it’s nothing personal but I think we need to postpone this so we can gather more information for the residents around the area. Like I said my family has been there since 1938 and I’m a strong union member. I work hard for my benefits. I get over 20 years invested. You know what I mean? If it’s going to create lots of jobs for us, it’s no opportunities for the young kids that I recruit to join the union, you know. Nothing personal with all you guys over here but I think we just need to gather more information about this, you know? Thank you. Mr. Hull: Thank you for your testimony. Next, we have Micah Agena. Mr. Agena: Good morning. My name is Micah Agena, born and raised here on the island of Kauai. I’ve been in the truss industry for 22 years. Cal, I respect what you said, you know. Listening to KRB talk about time. The gentleman behind me with HPM who has been with me for many, many years, we need this. We waiting for them. This is our livelihood. This is what we do. Of all the names and the projects that you guys just heard, we were part of that. We hold the double-edged sword all the time. We truly do. We don’t want the huge, huge growth. But on the flip side, it’s how we provide for our families. Right now, the balance is really off balance. Affordable housing, you know local people moving away, I get tons of people that I know that moved away. They can’t afford it here, you know. Whereas because I’m holding that sword, and it’s a double-edged sword, I understand that. But we can make one difference in affordable housing. We can. HPM is about community, the local people, and what a great neighbor to have. Those people in Koloa on the bypass, I mean HMP is the neighbor that you want. They’ve been in the community for over a hundred years running one business. That tells you a lot. You tell me five companies in Hawaii that’s been around for a hundred years. I’m fortunate for Jason, Adam and the whole HMP business to have brought us in. I really appreciate that. My family appreciates it. I came here today, I have a piece of paper, I might stumble and fumble around on my words, but somebody told me it’s better to speak from my heart. I appreciate your guys’ time. Let’s move forward. Let’s do thing right. HPM going be one pilar in the Koloa community. Whatever you need, we going be there for them. Thank you for your time. I appreciate it. Mr. Hull: Thank you. Next, we have Lindsey Carineo. Mr. Carineo: My name is Lindsey Carineo Jr. I come from one massive chain of carpenters. Right 7 now, at present, I’m in the union, okay? I was in the union all my life. My Dad, strong union member. My Grandpa, my Uncle. I got fortunate, the Waiohai, when it was built, my Grandpa Louie had build em, with the union. When he passed away and the hurricane came, wiped out the Waiohai, I got to build the Waiohai again, I’m the key man, I’m the layout guy, me and George Kawamura, okay? We’re the guys with the brains behind the whole project. The union put together this hotel. I had all these old timers telling me wow, Lindsey, your Grandpa, I was so honored to do this again with you, the next generation and we’re doing em again, twice, you know. So, I come from the union. I understand the union, strong. I’m currently the superintendent at Hanalei base yard. HPR has come through with our truss which is emergency funded job. I’m the superintendent. Like Micah said, we fumble, because this kind stuff as heart you know, get plenty heart in this. I left the union, I went on my own, I put a lot of houses in Kukuiula. All over houses. Lot of custom homes. You know, the union is good. All the local boys, right there is cousin, right there is my friend. We all been in the union. I got to be in the union. I vouched for the union. And then, sooner or later they going be contractors too. They going pursue their own dream. They going do their own side jobs and help their cousins and families out for save money so they can get the dry wall cheap. These boys right here, as all younger than me, 20 years. They been put the most everybody’s truss for Kauai. If we bring in union guys, our benefits, eh they like fire me right now go, I can go on my own any time. When my Dad had pass away, strong union member, one day one board had drop on his shoulder, broke his collar bone, never did come back. But I guess from all the stress, he got cancer all this kind stuff. When he passed away, the companies he worked for like Shioi, with Largo, James Largo, some workers came, they paid their respect. The union, never even bring one wreath to my Dad’s funeral. You know what I mean. Shioi, he gave $20 in one card. And I get friends all through this county work inside here. I help them out. I not going use their names. They the best guys right now, running our show. The one thing is, my generation, no matter Hawaiian, I get Hawaiian, Portuguese, my girlfriend is Japanese, Filipino, Chinese. If you guys take our island back 80 years what that bring us to? Chair Ako: Mr. Carineo, we love your testimony, and we thank you for coming yeah. Mr. Hull: Thank you for your testimony. We have no further individuals signed up in person, but if there is someone in person here today that would like to testify on any agenda item that hasn’t spoken on that agenda item, you may approach the podium. Mr. Trask: Quick question. For the record, Mauna Kea Trask on behalf of HPM. My client Mr. Fujimoto is here from the Big Island. He would like to testify after the final is that alright? Mr. Hull: As far as the in-person testimony, as a member of the public he can testify within the three minutes that are granted to all of the public. After we’re done with in-person testimony, we’ll be moving over to the virtual platform testimony. Mr. Trask: I understand that Mr. Fujimoto is not here in state for the Planning Commission hearing. He would like to give his mahalo today if that’s okay. Mr. Hull: Being that we don’t have quorum we cannot conduct business with the agenda itself. All we can take is a few minutes of public testimony per person. Mr. Trask: Alright thank you. 8 Mr. Fujimoto: Aloha and good morning, commissioners and thank you for taking time to hear my testimony in support of HMP’s application. My name is Jason Fujimoto. I’m born and raised in Hilo on the Big Island. I’m fortunate to be the 5th generation in my family to lead HPM and I’ve been with the company for almost 18 years. I’m also truly blessed and grateful that those before me laid a strong foundation (inaudible) what HPM is today. I’d like to share a brief history of our origin. So, my great, great grandfather Kanetaru Fujimoto came to Hawaii from Japan when he was and 16. He began on the plantation and eventually became a carpenter. Seeing a better life, he courageously left the plantation and with a group of 18 other immigrant laborers helped found the town of Shimachi in Hilo which stands for new town. The Shimachi group believed that to thrive and prosper you needed to really take care of each other with self sustaining system of homes, business, churches and banks because commerce in Hawaii at that time was truly dominated by the big five. It was in Shimachi that HPM was founded in 1821. I share this with you because HPM’s mission and vision embody everything that Kanetaru stood for. What we do as an organization is enhance homes, improve lives, and transform communities. Our big vision is that at some point everything that we do as an organization helps our customers and our community build better and live better. Kanetaru lived all of this. He started off as a contractor and built and enhanced homes, he was a community builder and civic leader that not only transformed communities but helped found and crate the new town of shimachi. In everything he did Kanetaru strived to help build better and live better for our community. Today and as of 2006 HPM is unique in that we’re 100% employee home and we are proud to have over 451 employees accoss all four major islands. How is it we have been able to survive and thrive over the last 100 years? In my mind it is not rocket science. It’s because we lived by our values of heart, character and growth. We stayed focused on our mission, and in turn we have the support of our team, customers and our community. We do things with the long term in mind, and never for the short term. We reinvest all of our success in the community we serve, and we truly value our deep local roots, and we persevered with grit and rebuilt after being completely destroyed by two tsunamis and taken over by the US Navy through World War 2, and surviving and thriving through the various economic downturns over the last 100 years. When you look at our customers, we serve a diverse group from the homeowner to the general contractor to subcontractor. We work with government such as the Department of Hawaiian Home Lands, nonprofit community organizations such as Habitat. And, I also want to note that we are blessed and very appreciative and many of our largest and long standing customers and friends are signatories of the carpenters union. With that I want to close by saying that on behalf of all of 450 plus employees across the state, I want to thank you, the Planning Commission for considering our application and also mahalo to our team behind me and all of our partners and communities for providing supporting testimony because they know HPM, our values, and what we stand for. We look forward to serving the Kauai community by investing in new facility increase the islands building capacity and give our community another option. Hawaii’s affordable housing crises isn’t going away any time soon and we all need all solutions on the table. Thank you very much. Mr. Hull: Thank you for your testimony. Are there any other members of the public who would like to testify on any agenda item that hasn’t stepped up? Mr. Trask: Good morning, Director, Commissioner Ako, Mauna Kea Trask for the record. I would just like to say a couple of things for the record. First off, preparing the application for this permit, we did look at all the records and files that were necessary including historic records. There was 9 testimony earlier today that the Old Koloa Mill is on the National Historic Register. That is true, but that is not this Old Koloa Mill. The Old, old Koloa Mill, which is across the street from Sueoka’s. That is tax map key number 4-2-8-6 SHP number 30-10-9302, National historic landmark number 66000296. So, when talking about a national historic site, that’s the big chimney that you see at the junction of Maluhia and Koloa Road. Again, I’m going to reiterate, HPM doesn’t see housing and construction on Kauai as a zero-sum game. There is enough for everybody to contribute. Best as I can tell, the dispute between union is not between its members and HPM. Like Mr. Fujimoto said, his best customers and friends are union members. What this really comes down to apparently is the fear of factory-built housing which is not the subject of this application in any way, shape, or form. It’s clear it’s for roofs, trusses, and wall panels and that’s needed for the larger market. You can look at Habitat for Kauai’s testimony and the testimony across the state that support this application. I’d just like to note though, for the record, that despite the clear fact that factory-built housing is not the subject of this application, nonetheless, Kauai County Code, Chapter 8, Article 1, Section 8-1.4g clearly states, nothing in this chapter shall prohibit the use of factory-built housing or trailer homes to permitted dwellings, etc. So, even if it was the case, it’s not appropriate to deny a case on that matter. With that we’d just like to say, with all the objections you’re going to hear about impacts and appropriate place, this is clearly the spot in the General Plan and the South Kauai community plan for industrial use in the future. It was the spot for heavy industrial ag use from 1912 to 1996 and those who were here remember that. They ran 84 years 24/7. The impacts were huge. HPM is going to put up, they call it a (inaudible). It’s used ag farms all across the country. Very low impact, very easy to put up, very easy to take down. The impacts will be minimal if anything at all. Everything will be kept within parameters. Those are my 3 minutes I believe or close thereto. Thank you so much and mahalo. Mr. Hull: Is there any other person in attendance that would like to testify on an agenda item that they have not testified on before? Ms. Cummings. Ms. Cummings: I didn’t want to testify on this because I didn’t study enough, but I know Koloa enough to know and understand the Koloa vicinity and area. So, Koloa, the history, it had been one of the first mills in our industry for sugar. And that particular mill is not stated in a national historical, but that whole entire area, there is something called the Koloa aqueduct system and listening to everybody’s testimony I just want to let you guys know, across the bord there’s 21 developments in Koloa alone and none of them is affordability as far as I know and understand, correct me if I’m wrong. There is also the traffic plan for that area is not up to date yet. So even though in the minds of most people that place is perfect for this, I’m telling you right now we’re fighting a lot of burial desecration in that area, and I hear this all the time, we promise this, we’ll do that, but when our bones get desecrated I see none of you guys, nobody around here on the front lines trying to stop our ancestors from being dug up. I hear a lot about other cultures. What about the culture that is here that is present? As far as HPM goes now, that land is not owned by HPM. That mill is not owned by HPM. It’s under Grove Farm and if I’m not mistaken Grove is actually owned by Zuckerberg. It’s a hearsay thing, but it happened when I was at Hanalei baseyard. Waioli Corporation is under Grove Farm and that both entities are connected to Zuckerberg. So, I’m just questioning because of the ongoing issues of burial desecration, and this is why I have, not necessarily opposition. Here's the thing is, we do need jobs. But I hear a lot of you guys talk about affordability. The issue with affordability especially Hanamaulu, I want to bring that up because it is an issue with this plan, 10% starting at 30 it went down to 10%. I’m questioning the County Planning Department when it comes to affordable housing because there’s all these stipulations and 10 a ton of buy backs and buy outs like $10 million, $5 million, $2 million. So, this is where we all got to come aboard and really think about the long term issues of what is happening here on Kauai. I don’t know about the other islands, but you guys really gotta think about what is detrimental to our people, the working force as well too. Because you talk about affordable, there is no affordability. 21 developments in Koloa alone coming up in the next 10 years and there is no traffic plan, there is no drainage plan. There is a waste plan coming up, but I want to see the County of Kauai share with us the traffic plan, evacuation plan, the drainage plan. I see this waste management plan coming up. I want to request (inaudible) analysis a EIS when it comes to any more plans that are in this area, just to be sure that we doing the right thing for (inaudible) for the past and the present and the future. When you talk about future generations and all we promising our children and maybe our children’s children. But, I’m looking 7 to 21 generations from now. Thank you for your time. Mr. Hull: Does anyone else in person here today that has not signed up to testify but would like to testify on any agenda time? Seeing none, we’ll move into the virtual testimony. Myles, we’ll turn it over to you to call on those who are attending virtually if they would like to testify on any agenda items. Mr. Hironaka: Thank you. So, Mr. Chair, turning to the callers who have elected to attend the meeting by telephone using the join by phone telephone number that was provided to them on our agenda. I will recognize each caller by the telephone number that was used to call into the meeting one by one and will enable your audio. And then you will need to press *6 in order to unmute yourself and to talk. If you are comfortable doing so, please identify yourself. Please also clarify which agenda item or items you wish to testify on. You will be given 3 minutes per agenda item, or if you are not interested in providing testimony, please indicate so when you are called upon. I will begin with phone number 602-663-7876. I have enabled your audio. Please press *6 to unmute yourself. If you are comfortable, please identify yourself and clarify which agenda item that you would like to speak on. Go ahead. Ms. Yao: Good morning my name is Rosemarie Yao and I am not going to give testimony. I’m just observing the session today. Mr. Hironaka: Okay, thank you very much. Moving on to phone number 808-639-4836. I will allow you to enable your audio. Please press *6 to unmute yourself. Go ahead. Do you wish to present any testimony? Hello? Phone number 808-639-4836, press *6 to unmute yourself. Okay, maybe we can return to this caller after we go. Let’s move on to the people that have joined us by Zoom. Those that have joined by Zoom we’ll recognize each attendee one by one, promote you as panelist. Once you click on join as panelist, you’ll be able to click and start your video and unmute yourself. If you are comfortable doing so, please identify yourself. Please also clarify which agenda item or items you wish to testify on. You will be given 3 minutes per agenda item. If you are not interested in providing testimony, please indicate so when you are recognized. Also, if you experience internet connectivity issues, please join by Zoom telephone numbers which is on the agenda and we will return to you before the end of this agenda. Let me start with attendee Alfred Keaka Hiona Medeiros. Mr. Medeiros: Aloha mai kakou. Alfred Keaka Hiona Medeiros of Oahu, Hawaii. I am Kia’i. I am a protector of our iwi kupuna and I am speaking on behalf of all kanakamaoli of Hawaii. The 11 desecration continues. I’m here to stop it on any platform on any island. I am from Oahu. I already have about 180 people ready to fly out to Koloa and we are ready to stand on the front lines to stop any further desecration of our iwi kupuna. You guys need to understand, the time is happening now for all kanakamaoli like myself to get active, to stay active. Muana Awakea, and the protection of Mauna Kea woken up many of us and we are here. I am one of the people that stand protective of Wailupe burial caves, the Kea’i place. I’m the one of many that stopped them from continuing construction of development of that place. Illegally now. The department of planning and permitting has been failing on all grounds and so have many different people that are part of the county, whether it’s here on Oahu over here in Honolulu or over there on Kauai. Now I’m letting guys know, from what I heard today with HPM, I get it, where you guys are coming from. As a hard-working man myself that deals with many different people, I get it. Feeding our families is a priority but disgracing and erasing our people and our heritage and our culture should never come first and foremost over money. Money should never have any value over our history. You guys need to understand this. Money will not make anything better. We are losing people every single day. We are moving every single day form Hawaii to California, to Las Vegas in hopes of finding a better life to live when the best place to live is here in Hawaii nei where we were born and raised and we are stewards and caretakers of our aina. That means we must protect everything. Not only what is here now, but everything from our past. I myself, Alfred Keaka Hiona Medeiros will die to protect Hawaii from any more further desecration, doesn’t matter where you’re from, if you’re kanaka, if you’re not kanaka or not. I am here and I will be there on the next flight over if this continues and I will bring a 180 koas side by side to line up and protect Koloa from any further desecration. So, I’m asking you politely, in a positive, politeful correctness that you guys need to do what is right for the people of Hawaii, for the kanaka of our past, because they do lay there in rest, and if you guys cause desecration, you guys will bring more than just physical presence, I promise you that. I promise you that. So, please do what’s right. You guys are Department of Planning and Permitting and do what’s right for the people of Hawaii, the people of this aina for the past that actually sacrificed their lives to give us this life that we live. Okay, mahalo for you’re guys’ time, and I’m sorry for this emotion, but you guys gotta understand. This is something that has been happening for many, many, many years. Since 1893 we have been fighting against this kind of stuff happening and if we’re gona keep on happening, we’re gona keep on fighting and that’s what’s going to happen. You guys are gona keep wake up a lot more people. The youth that we’re teaching, they’re understanding what’s happening. The money will never materialize and make anything better. You guys better understand this. Mr. Hull: Sir, if you could wrap up your testimony. Mr. Medeiros: Developers, you guys need to understand this and if I gotta fly over there and speak in person I hope all you guys are there, because I will be. Mahalo. Anything to say? Mr. Hull: Thank you for your testimony. Myles, are there any additional individuals signed up on Zoom to testify? Mr. Hironaka: Oh, I’m back up, sorry. Going to the next speaker, we have Anna Mo Des. I will enable your Zoom. Hello, Anna? Ms. Mo Des: Can you hear me? 12 Mr. Hironaka: Yes, go ahead. You have three minutes. Ms. Mo Des: Thank you so much I appreciate it. Thank you for the opportunity to testify. I understand that this will be again on a future agenda before the Planning Commission. My name is Anna Mo Des and I’m concerned about the subdivision request for a particular parcel that is connected to a developer that has bypassed protocols with development proposal in Koloa. I believe everyone is familiar with the parcel. The last time I was there in person to testify for the EIS I spoke about it, and I believe that there are people here present here today that are speaking about it the same. I hope that the Planning Commission takes all of the actions of this developer into consideration before making any further approvals for any subdivision. The only time that this parcel or the 280-condo unit was on any agenda for public testimony was for a temporary approval of a subdivision and I heard the Planning Director say that it was a temporary approval upon certain protocols being met and I know for sure that those protocols were not met. The biological survey did not have a signature from a biologist and it was checked as if it was approved and able to move forward. There is no (inaudible) on the situation right now and with great cause. Please make every effort to make sure that every protocol is met properly because it’s definitely not happening and there is severe anger with the community especially in Koloa from the situation that we know is current. The reason why there is a huge issue about this is because it all boils down to the economic disparity caused by exploitation that results in drug and alcohol abuse, domestic violence, crime, homelessness, trafficking, and eventual suicide. It all stems from these approvals that take place in rooms with Planning Commission, the County Council, it all boils down to this. Developers want to profit. That’s all fine. Workers want to create a life and feed the children. That’s all fine. But there is protocols in place to ensure that no one gets run over, and that everything is done properly. This is what (inaudible) to be assured and those assurances have not happened. Mr. Hull: Three Minutes. Ms. Mo Des: Yes, I got that. Alright, thank you, Planning Director and I hope to see you all next time. Appreciate the time. Mr. Hull: Thank you for your testimony. Myles, do we have any other individuals signed up through Zoom to testify? Mr. Hironaka: Okay, I apologize. Yes, we have more people. The attendee that is identified by the letter E, I will enable your audio and video. You should click join as panelist in order to join. You can start your video and unmute yourself, go ahead. Ms. E: Can you hear me? Mr. Hironaka: Yes, we can. Go ahead, you have three minutes. Ms. E: Thank you. I just wanted to say aloha (inaudible). The Kauai Planning Commission is not disclosing to the public who is behind this project for the Kukuiula subdivision. The 51-lot subdivision is being developed by Gary Pinkston. Why is the Planning Commission not disclosing this to the general public? We are at a point where housing is at it’s lowest, yet here we are again watching the Kauai Planning Commission carelessly approval 90+ lots for subdivision in Kukuiula 13 that will all be multi million-dollar homes. This development will directly affect the quality of life. Poipu hardly has any beaches where we can easily access anymore, and the Koloa boat harbor is one of the last local friendly places where we can take our children without being surrounded by tourists and having to fight to find parking. All of the drainage for this development will go directly into the Koloa boat harbor. The recent expansion of Kukuiula has resulted in the increased number of ear infections happening in children when they swim in the Koloa boat harbor. Shame on BBCP for working with Gary Pinkston. You guys see the outer island like Maui putting a moratorium on development. Why are we not moving in the same direction? I pointed this out before and I’ll point it out again. This land contains caves, burial tubes that are home to iwi kupuna and endangered species that are found nowhere else in the world. The County of Kauai was suggested to preserve over 4,000 acres of these fragile and endangered species that are found only in this small area. The County of Kauai instead stated that it would be too costly to private land owners and developers to preserve 4,000 acres and instead decided to only preserve 200. Why is the County of Kauai and the Planning Commission continuously bending backwards for more developers who only extort our natural resources and push out our natural resources and push out the local community? As for the HPM, I’m also against. It would only push further the boundaries of the entire island especially Koloa where we have 20 plus developments planned with no affordable housing. Mahalo for your time. Mr. Hull: Thank you for your testimony. Mr. Hironaka: Okay, let’s move on to Tara Rojas. I will enable your Zoom. Hello, Tara, can you unmute yourself. Ms. Rojas: Can you hear me? Mr. Hiranaka: Yes, there’s some little feedback. Okay, go ahead. I can hear you now. Ms. Rojas: Yeah, sorry (inaudible) My little one here is going to testify as well. Mr. Hironaka: Go ahead. Ms. Rojas: (inaudible) I’m here with my little one. We are both aware of everything that’s going on, all the hewa that’s going on. You know, your Department of Planning is basically that. It just basically a department to plan and never to protect. As the other testifier said as well, there are protocols, there are practices, there are systems in place to protect these special places of Hawaii. Hawaii is only Hawaii because of Hawaiians. Why are developers put in priority of Hawaiians? The only job that any agency on this island should be doing is protecting place and space of Hawaii. We cannot overpopulate this island, which it already is. We cannot overtax our resources which already are. We cannot keep the desecration of iwi kupuna happening. On June 6th , 7th, and 8th , on Oahu there is going to be a joint meeting of the Department of Interior along with native American associations from (inaudible) as well as here, open to the public because they want to hear everybody’s experiences with protecting of iwi kupuna here in Hawaii. If you are not aware of it, you are now made aware of it. We have to stop the desecration. We have to protect iwi kupuna. That is the main and the foremost and most important thing that should be on your minds. Please stop the corruption. Please stop the desecration and stand up because Hawaii is Hawaii because of Hawaiians. Mahalo. 14 Mr. Hull: Thank you for your testimony. Mr. Hironaka: Alright, moving on to Makai Elua Vilatora. I will promote you as panelist. You can go ahead and join as panelist. You will be able to start your video and unmute yourself. Ms. Vilatora: Aloha mai kakou. Do you hear me? Mr. Hironaka: Yes, we can. Ms. Vilatora: Aloha, my name is Makai Elua Vilaflora, birthname Shawn Nicole Makai Elua Vilatora. I am a kanakamaoli, a wahine maoli and child of God. I am here to testify against the preliminary subdivision approval of the application number S-2022-6 and also the final subdivision approval of application number S-2021-1. So, I first wanted to start off with the significance of the Koloa ahupuaa. In that particular subdivision approval, it’s considered Koloa Komohana in the Mahele, the great Mahele. The Mahele was created in perpetuity of its people and their vested interest in the aina which would be considered what they call property and also the natural resources that comes with aina, with the water. One huge issue that we’re finding is that with the 21 developments coming to Koloa district there is millions of gallons of water being diverted from the north and east watershed to be able to plumb and run water through these subdivisions or this developments happening in Koloa. What we are finding is that there is countless ahupuaas on the opposite side of the island who we are diverting this waters from is really detrimental to their environment and all the natural resources that is really being deprived from that side to just continue to fund or be able to sustain this luxurious lifestyle that the Planning Commission is continuously approving for these projects. There was a testifier saying that there is a common developer, Gary Pinkston, who is going to be doing these subdivisions and we are currently investigating a project that he is doing in Koloa, the proposed Kauanoe O Koloa, saying that in that actual permit, the policy number that he has for that insurance bond company travelers, the actual number that they used on the permit is not even a policy number in the company. So, the continuous deceit and lies that these developers are getting away with is continuously betraying the trust of the people saying that the Planning Commission will continuously approve these projects without further investigating on the developers that are doing heavy desecration of our aina, of our iwi kupuna, and of our natural resources. I just wanted to say that with the Mahele, the fact that it was granted in perpetuity to its people, we become the trustees to the aina and to the property and our ancestral property belongs to the people. So, decisions that are being made that does not have the consent of the kanakamaoli… Mr. Hull: Ms. Vilatora, please wrap up your testimony. Ms. Vilatora: Mahalo. I’ll just wrap it up saying that continuing of approving of these projects will lead to genocide of our kanakamaoli identity and for the next 7 to 21 generations. Mahalo for your guys time. Mahalo for taking my testimony. Aloha. Mr. Hull: Thank you. Mr. Hironaka: Next we move on to Heaina. Heaina, I’ll promote you as panelist. What you’ll need to do is click join as panelist, enable by clicking start your video and unmute yourself. 15 Mr. Kanahele: Aloha o wau o Lucky Kanahele mai ka mokupuni o Niihau a me Kauai. Aloha, I’m lucky from the island of Niihau but raised on Kauai. I just talking on behalf of what’s happening on Koloa as well. Moving here from Niihau is so different and seeing this island from the age of 7 until now 31 I seen so much development and so much disrespect for our iwi kupuna in the ground. And people walk on them like its nothing. Seeing that happen all around is so common. So common nowadays that it’s normal for people to just ignore these iwi kupuna when they are in the ground for a reason. That reason is to guide us so that we can lead our next generation behind us to do better that what we are in today. We are kanakamaoli that’s still alive. (inaudible) These developments, what is the purpose of these developments? It’s all money. All money and each one of you guys is going to be benefiting because how many of you guys know and can name local families have left this island because it is too expensive. Waiting on Hawaiian Homes list is one other bullshit, just waiting, kalamai for the language. But waiting around for a piece of aina to open up while these guys is getting approved for land to be sold off in the next 10 years, at million dollars, is something that we as oiwi to this aina will never realistically live through because we can’t afford it. But if we go back to our aina ties, we are the people that are vested in this. So you guys that making all the decisions on this, I ask that you guys think thoroughly and follow thoroughly and think about the people that you guys are affecting. All of us in Hawaii, all of us is being affected by this. Each aina is being sold off to these guys and they’re just getting approved left and right. So, before you guys start approving all these things, think about us, who’s from here and whose kuleana it is to protect and malama this place. That’s our kuleana to take care of this place so that our kids can call this place home so they can eat the papa’i off of the pohaku, so they can swim in the ta’i and it’s clean, so that they can harvest the wai from Akua above us to feed our aina, to restore our natural resources that are being deprived from us, private properties, all of this stuff, blocking accesses that we need to survive. We no need jobs to survive, we need aina to survive and that’s something that we all should wake up to. The land no need us to survive. We need it to survive, and if we take from it then what will we leave behind for our kids. One piece of rock, one piece of cement for eat. Mahalo for your guys’ time. Mr. Hull: Thank you for your testimony. Mr. Hironaka: Thank you. We’ll be moving to attendee with the alphabet AS. I will promote you to panelist and you can start your video and unmute yourself. Alex: Hello my name is Alex and I’m very concerned about what’s happening in Koloa right now. The Planning Commission is going ahead and approving projects to have a tentative approval only August 10th a number of people, 25 people, spoke out against the project that’s now called Kauanoe O Koloa. Not one of them, not one person without a vested interest in the project supported it. For some reason the Planning Commission tentatively voted okay on a subdivision. We heard the Planning Commission Director and the Planning Department say that it must come back for a final approval but there was no activity that could take place on the site. But we see activity on the site every day for the last month. Not only activity but police cars, Kauai police department with guns, armed with weapons, but would not take the complaint of a local citizen. Instead pretending that they are police officers working however off duty, paid for by the developer. This can’t continue to happen on Kauai, this is corruption. We talk and hear about how important things like Earth Day are and we see Earth Day promoted on Facebook on the County of Kauai Facebook page at the exact same time that the County of Kauai Planning Department is 16 allowing the desecration of the land. There are endangered species. The Fish and Wildlife Service has said it’s probable habitat for two endangered species that only exist in the entire world in Koloa. But instead of celebrating this, we are killing these species. Do you not understand that the species and the culture and the aina are all combined. It’s all intertwined and once you take one part away, you’ve destroyed the ecosystem. The Planning Department has got to do a better job. Really look at yourselves and what you’re approving. Be honest, be pono. What’s happening now is not and of those things and we see right through it. Mahalo for your time. Mr. Hull: Thank you for your testimony. Myles are there still individuals signed up on Zoom? And for those individuals who are signed up to testify please indicate which agenda item you are speaking to. Thank you. Mr. Hironaka: Yes, I will now move on to Zoom attendee Christine Martin. What you need to do is join as panelist and you’ll be able to start your video and unmute yourself to speak. Ms. Martin: I have not testimony today. Thank you. Mr. Hironaka: Thank you. Next, we have Cox Fricke LLP Again, you’ll need to join as panelist and start your video and unmute yourself to speak. You need to unmute yourself. Cox Fricke LLP: Thank you. Good morning, Abby Holden, attorney for PRP. Understanding that the Commission can’t take any action today, PRP is just reiterating its request that at a future meeting the Commission consider its petition for intervention. There has been a lot of testimony today regarding jobs, affordable housing, and appropriate development. PRP also believes that those issues are paramount. It is with that in mind that PRP is requesting that the assertions made by HPM in that regard be put to proof. In all respect to Mr. Trask, this is not an issue regarding a disconnect related to factory build housing. HMP’s own application on page 5 mentioned the issue of truss and wall paneled packages which are equivalent to one home. PRP is simply requesting that assertions regarding affordable housing and the creation of jobs warrant further study. There has been a lot of testimony on those issues today but there’s been absolutely no proof, just bare assertions, that HPM has the ability to create more jobs than it takes away and that it will create affordable housing. Unfortunately, the elephant in the room is that housing and (inaudible) costs are created by the market, not necessarily the availability of certain materials. So, the Commission should take a further look at these assertions and not just rely on HPM’s values. The process is here to put those bare assertions to proof and that is what PRP is requesting here. Thank you. Mr. Hull: Thank you for your testimony. Mr. Hironaka: Moving on to Zoom attendee Dara P. You need to join as panelist, start your video and unmute yourself and again as instructed, please let us know which agenda item you are speaking on. Ms. Perreira: Hi, my name is Dara Perreira, can you hear me, Myles? Mr. Hironaka: Yes, we can go ahead. Ms. Perreira: Thank you. Thank you to the Planning Commission for taking testimony today. My 17 name is Dara. I’m testifying in favor of HPM. I am a lifelong resident of Kauai and I do know there are people in the room that I am friends with and so there is no personal anything against anybody on both sides of the HPM I guess question, right, on whether or not the factory should be built. You know, it really is a difficult balance even for the Planning Department, I think, to have you know, there’s pros and cons on each side, but I support HMP’s building of the factory. I have a neighbor, I’m looking right out the window, she’s been waiting for trusses for quite a while now. And she started building a residence, two bedrooms, not huge, not big, just something to live in, and it has been difficult for her, so I’ve seen it firsthand. One of the reasons why I support HMP coming in is because they are a local company, not a mainland company that will come in, giving local jobs, has been around for a while. One of the things that HPM did on the Big Island is they did partner with a local affordable housing agency, and they found a way to build affordable housing called the sacred heart affordable housing project. so, I think that it is important that we have partners that are willing and able to work with local agencies and entities to create affordable housing. It can be done. I think though that even the Pacific Resource Partnership though when talking about assertations or things that they see coming in their ads on Facebook it said increase traffic, it’s going to change the landscape, so on and so forth, but I’m not necessarily testifying on the Koloa development there. I don’t think we need any more development at that kind, if at all possible. But the traffic and all of that that will bring, HPM is not going to bring as much traffic I do not believe as all those residential homes or luxury homes that are coming in. So, I support it, I do support though our local workers on both sides. I think there needs to be a balance. I support unions, I’m not anti-union, I’m not anti-local workers. It is a balance and I know it’s very difficult to do, but I do support something that will support affordable housing on Kauai. Thank you for your time. Mr. Hull: Thank you for your testimony. Mr. Hironaka: Thank you. We will now move on to Zoom attendee Darryl Oliveira. Please click on join as panelist. You can start your video, unmute yourself, and also let us know which agenda item you are talking on. Mr. Oliveira: Good morning, can you hear me okay? Mr. Hironaka: Yes, we can, go ahead. Mr. Oliveira: Thank you. Good morning Chair and commissioners. Thank you for the opportunity to provide testimony in support of HPM’s application. My name is Darryl Oliveira and I’m the Director of Risk Management for HPM. I’m also a lifelong resident of the Big Island and like many, have friends and family on all islands across the state. Prior to joining HPM five years ago, I enjoyed a 35 year professional career with the County of Hawaii, 32 years in the Fire Department, the last 9 as the fire chief, and 3 years as administrator for the Hawaii County Civil Defense Agency. In my previous public safety professions, I responded to and had the privilege of serving and protecting many people in our community with the crisis’s that they faced. Today all of our communities across the state are dealing with another crises and that’s the shortage of attainable housing. 2019 Hawaii housing planning study reports that the number of new or additional housing units needed for our state by 2025 exceeds 50,000. That same study shows the number of new or additional housing units needed for the island of Kauai is over 4,000. The same report and others have highlighted some of the barriers or obstacles with development of construction of attainable 18 housing to include the cost of construction. If approved, HPM’s proposed plan to operate a truss and pre-fab wall panel production facility would help to provide much needed resources to the Kauai community and help with more cost effective and efficient home construction. Manufactured component solutions are not the single answer to more obtainable housing but would afford home builders with options and choices to help reduce costs and time with home construction. Currently there’s one operating facility on Kauai providing for some of this need however having additional capability on island will promote cost competitive production, quality customer service, and support community recovery and resiliency with some of the types of disasters Kauai has experienced in that past. In closing, I would like to say that although I’ve only been with HMP for five years, in that short time I’ve not only watched but had the privilege to participate in various community service projects lead by HMP to include the construction of 20 micro shelter units to support the 2018 eruption disaster survivors, the assembly and installation of 50 micro shelter units in Hilo and Kona for the temporary emergency sheltering of homeless during the covid pandemic, the manufacturing of 12 independent living studio units for at risk seniors for the Hope Services Hawaii program, and supporting and partnering with Habitat for Humanity on multiple islands for providing housing solutions for many in need. In short, HPM is a community minded local business that truly cares about the people of our islands. I am confident that HMP will not only be a good neighbor to adjacent residents but an engaged contributor and advocate for the Kauai Community. Thank you. Mr. Hull: Thank you for your testimony. Ms. Sayegusa: Sorry, I’m going to take over. This is Jodi Sayegusa. Next, we have a Zoom attendee identified as guest guest. I’m going to promote you as panelist. On your end you’re going to have to accept that, and once you accept it, you’ll be able to enable your video and audio. If you are going to testify, please identify which item you’re going to be testifying on. If you’re not interested, you can indicate so when your audio or video is enabled. Zoom attendee identified as guest guest, you are currently allowed to unmute yourself if you are interested in providing testimony at this time. I’m not hearing, if you have technical difficulties, you can feel free to call in using the telephone numbers provided on the agenda. If not, please make sure you raise your hand using the hand raise function if you interested at a later time to provide testimony. We will move on to the next testifier. Next, we have Kamuela. Promoting you to panelist at this point, you’re going to have to accept it on your end, you’ll be able to enable audio and video. If you’re interested in providing testimony, please specify which item you will be testifying on. Mr. Kamuela: You can’t hear me? Ms. Sayegusa: We can hear you now. Mr. Kamuela: Oh perfect. I’m just going to keep it short and sweet and to the point. I’m against development on what’s going on in Koloa. Oh, and also to the kia’i from Oahu who said he would bring a hundred koa, please do. The more the merrier to help us fight. That is all. Ms. Sayegusa: Moving on, we have Kat Clark. Kat Clark, again we are enabling your audio and video. On your end you have to accept it. Please specify which agenda item you are testifying on if any. Kat Clark? 19 Ms. Clark: Yeah, I just want to be an attendee today. Sorry, I don’t want to give any testimony today. Ms. Sayegusa: Next we have Kiara Lorenzo Rodrigues Ms. Rodrigues: Can you hear me? Ms. Sayegusa: Yes, you can enable your video if you would like to and please specify which item you would like to testify on. Ms. Rodrigues: I would like to testify today against the development of Kukuiula for both of them. Before I start, I would just like to set my intention. My intention is to answer the call of my kupuna and also to keep Hawaiian hands in the Hawaiian lands, and also allow the next 7 to 21 generations to have the access that we are privileged to have and have the same opportunities that we are privileged to have. Furthermore, I would just like to start off by saying all the new development, all that wastewater is going to go into the harbor directly across the development and that for one would take away all of our gathering rights. I grew up, my father was Alawai’a and he would holo the mountains. He understands the significance of our water. And we know that if our water is contaminated, we can’t eat the fish, we can’t eat the limu, we can’t eat the opihi. There’s lots of traditional resources for us that our descendants won’t be allowed to enjoy. Second of all, I’d like to talk about the iwi kupuna that is there. I am a lineal descendant to Kamakahelei and just I hope people understand the significance of what iwi has to us and what it means when those bones are crushed, what that effect has to me, to my children. I just want to make sure people understand, it’s enough. My generation and the generations that come after me, we are here and we’re fighting and we’re (inaudible) to be Hawaiian. For a long time, the generations before us, were not (inaudible). They had to hide. They had to keep things in secret. And now we’re bringing that all to light. We’re fighting, and we will always fight, and we will continue to fight against all and any development that is not pono. Mahalo. Mr. Hull: Thank you for your testimony. Ms. Sayegusa: Next we have Mark Williamson. I’m promoting you at this point to panelist. Please accept that on your end, and you’ll be able to enable your audio and video. If you feel comfortable please identify yourself and specify which item you are testifying on if any. Mr. Williamson: I won’t be commenting today, thank you. Ms. Sayegusa: Sorry, just to make sure, you got cut off a little. You will not or will you? Mr. Williamson: I’m just observing today only, thank you. Ms. Sayegusa: Next we have Max Kimura, Esquire. I’m promoting you to panelist. Please accept that on your, enable your audio and video, identify yourself and specify which item you are testifying on. Mr. Kimura: Hello. Aloha. I can’t seem to do the Zoom video. Did you have to unlock me for the video also? 20 Ms. Sayegusa: You’re able to at this point. On your end, you would have to click on the icon at the bottom and click on the icon that says video. Mr. Kimura: I apologize. I guess there’s a problem with the video on my computer, so I will just speak. Ms. Sayegusa: Okay, go ahead. Mr. Kimura: Aloha, I’m Max Kimura. I’m the attorney representing the community association of Poipu Aina Estates. It’s the community that’s directly adjacent to the site that HPM Building Supply intends build a manufacturing building supply facility. Now I want to reserve my right to speak at the agency hearing, but I just would like to introduce myself right now. I really appreciate being able to participate via Zoom. It was wonderful testimony I heard today, but I just want to add one thing that was not mentioned so everybody who is attending and listening can understand and focus on that the Kauai Planning Commission has the discretion to approve special permits, but they still have to follow the law. And the law is that this site where HPM Building Supply intends to build their giant tent to manufacture pre fab building houses and trusses and such, it’s industrial and the land is designated as agricultural. HPM seems to get around this with a unsual and reasonable use of the Section 205-6 of the law. But, to do this would undermine the very purpose and intent of the whole Chapter of 205 which is to protect agricultural land and protect the resources of Hawaii. In that sense I wrote about this in our petition to intervene, my supplemental brief, and I hope you had a chance to read it. I understand you don’t have a quorum to have the agency hearing today, but when you do have it, I look forward to participating in it and being able to cross examine HPM Building Supply. Thank you very much. Mr. Hull: Thank you for your testimony: Ms. Sayegusa: I believe that concludes our run through of our list of Zoom attendees. I’m going to circle back to any callers that joined late. I believe there is one caller still on the line but that caller was recognized at testimony. I’m going to do at this point, a final run through of anyone on the virtual platform who would like to provide testimony on any agenda item who hasn’t been testifying on any particular item before, please raise your virtual hand and we’ll recognize you. Okay, final call for testimony on any agenda item at this point. Okay, this concludes oral testimony. Turning the meeting back to you folks in the room. Mr. Hull: With that we have no further testimony, Mr. Chair. Mr. Trask: Sorry, I forgot to make one legal point with regard to the timing on this agenda item for HPM. May I do it briefly, I think I have 5 seconds left? Ms. Barzilai: That’s the Chair’s discretion. Chair Ako: Sure. Mr. Trask: I just want to reserve for the record. So, on behalf of HPM, we would note that with all due respect to the Commission, we understand the quorum problems, but in order to reserve HPM’s 21 rights under the Code with use permits, class IV permits, and the rules for special permits, HPM would like to note for the record it does not consent to this continuance or the previous continuance of this matter. That’s all. Thank you. Mr. Hull: With that Chair, we have no further testimony. Ms. Sayegusa: I’m so sorry. I’m mistaken. I’m going to just give one last opportunity for the caller. Okay, never mind, caller dropped off. We’re good, thank you. Sorry about that. Chair Ako: Okay, with that, I really want to thank all of you guys for being here. I know that a lot of you have been taken away from your jobs. Hopefully this will be part of the process where we start bringing everybody together. So, seeing and hearing no more additional testimony, at this time we would like to adjourn the meeting. Thank you so much for coming. ADJOURNMENT Chair adjourned the meeting at 10:36 a.m. Respectfully submitted by: Duke Nakamatsu, Secretary ( ) Approved as circulated (add date of meeting approval). ( ) Approved as amended. See minutes of meeting. 22 1 KAUA‘I PLANNING COMMISSION OPEN SESSION MEETING AGENDA 1 June 14, 2022 DRAFT The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair Cox at 10:29 a.m. - Webcast Link: https://www.kauai.gov/Webcast-Meetings The following Commissioners were present: Ms. Donna Apisa Ms. Helen Cox Mr. Gerald Ako Mr. Francis DeGracia Ms. Lori Otsuka Excused or Absent The following staff members were present: Planning Department – Deputy Director Jodi Higuchi Sayegusa, Staff Planner Myles Hironaka, Dale Cua, Kenny Estes, and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – County Attorney Matthew Bracken, Office of Boards and Commissions – Support Clerk Arleen Kuwamura and Support Clerk Lisa Oyama. Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Cox: Called the meeting to order at 10:29 a.m. ROLL CALL Deputy Planning Director Jodi Higuchi Sayegusa: Chair, If I can do the roll call… Chair Cox Ok. Ms. Higuchi Sayegusa: Commissioner Ako? Mr. Ako: Here. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Here. Ms. Higuchi Sayegusa: Commissioner DeGracia? D.3. Aug. 23, 2022 2 Mr. DeGracia: Here. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Here. Ms. Higuchi Sayegusa: Chair Cox? Chair Cox: Here. Ms. Higuchi Sayegusa: We have a quorum. Five Present. Ms. Higuchi Sayegusa: Item C, approval of the agenda. APPROVAL OF AGENDA Chair Cox: I would like to entertain a motion to amend the agenda, so that we can have item L of item F-2 and that would mean that the agency hearings would immediately be followed by new business. Can I have such a motion? Mr. DeGracia: I motion to amend the agenda as stated. Mr. Ako: Second. Chair Cox: We’ve been seconded. We have a (inaudible) Ms. Higuchi Sayegusa: I can do roll call. Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner DeGracia? Mr. DeGracia: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: Chair Cox? 3 Chair Cox: Aye. Ms. Higuchi Sayegusa: Motion carried 5:0. EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)4), the purpose of the executive session is to consult with the Count’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 the following matters. Chair Cox: Given the unusual nature of this, because again Agenda 1 is relooking at the earlier date of the commission meeting. I would like to have a motion to move into executive session at this point. Ms. Otsuka: Motion to move into executive session. Ms. Apisa: Second. Ms. Higuchi Sayegusa: I can read the executive session (inaudible). Go ahead. Chair Cox: Pursuant to the Hawaii Revised Statues sections 92-4 and 92-5, and for the purpose of this executive session is to consult with the County's legal Council on question, issues, status, and procedural matters. This consultation, involves consideration of the powers, duties, privileges, immunities and other liabilities of the Commission and the county, as they relate to the following matters, Class IV Zoning Permit (Z-IV-2022-4) and Use Permit (U-2022-4) to allow construction of a new tour/administration and repair facility, aircraft hangar, and associated improvements on a parcel located along the makai side of Ahukini Road in Lihu’e, situated approximately ½-mile north of the Lihu’e Airport terminal, further identified as Tax Map Key: 3-5-001:008, and affecting a larger parcel containing 720.974 acres, Airbourne Aviation, Inc. The Director’s report was received on January 25, 2022. The executive session will also be on amendment to Special Management Area Use Permit (SMA(U)-2001-2) to allow construction of a boat storage facility or building on a parcel situated at the terminus of Kukuna Road in Aliomanu, further identified as 5171 Kukuna Road, Tax Map Key: 4-9-005:005, containing a total area of 8.142 acres, Richard Hill. Finally, also Class IV Zoning Permit (Z-IV-2022-5) and Use Permit (U-2022-5) to allow installation of interpretive signage and associated site improvements at the Hanapepe Town Park & Playground facility in Hanapepe, along the western side of Kona Road and immediately adjacent to the Hanapepe Fire Station, further identified as Tax Map Key: (4) 1-9-005:048 and containing a total area of 45,600 square feet, State of Hawai’i, Department of Transportation. Director’s report received 1-25-2022. Ms. Higuchi Sayegusa: Chair, I’ll do a roll call vote. Chair Cox: Yes. Ms. Higuchi Sayegusa: Commissioner Ako? 4 Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner DeGracia? Mr. DeGracia: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: Chair Cox? Chair Cox: Aye. We’ll now go into executive session. Ms. Higuchi Sayegusa: Motion Carried 5:0. Is there a time frame? That you would estimate? County Attorney Matthew Bracken: About 5-10 minutes Ms. Higuchi Sayegusa: 5-10 minutes, so that’ll be 10:45. Return at 10:45. The Commission went into Executive Session this portion of the meeting at 10:34 a.m. The Commission reconvened from Executive Session at 10:46 a.m. Chair Cox: Call the meeting back to order after Executive Session. We’re reconvening back from Executive Session. Thank you for your patience and we’re on item D. MINUTES of the meeting(s) of the Planning Commission Ms. Higuchi Sayegusa: D, minutes of the meeting of the planning commission one, September 28, 2021. Chair Cox: Any questions, concerns about the minutes? If not, can I have a motion to approve? Ms. Otsuka: Motion to approve the minutes of the September 28, 2021, meeting. Ms. Apisa: Second. Chair Cox: All those in favor, say, aye? Aye. (Unanimous voice vote). Motion carries 5:0. Ms. Higuchi Sayegusa: Minutes of the October 12, 2021, meeting. 5 Chair Cox: Questions, concerns? If not, may I entertain a motion? Mr. DeGracia: Motion to approve the minutes of October 12, 2021. Ms. Apisa: Second. Chair Cox: We’re seconded. Any concerns? If not, let’s take a vote. All those in favor? Aye. (Unanimous voice vote). Any oppose? Motion carried 5:0. RECEIPT OF ITEMS FOR THE RECORD Ms. Higuchi Sayegusa: Item E, Receipt Items for the Record. There are no additional items for the record for this agenda. HEARINGS AND PUBLIC COMMENTS Item F, Hearings and Public Comments. So, for the public’s sake, there are 2 planning commission agendas that we’re going to go through now, at this point today. Agenda 1, is a repeat of the February 28, 2022, meeting Agenda and contains the following 3 matters, as well as the subdivision matters Class IV Zoning permit (Z-IV-2022-4) and Use permit (U-2022-4) applicant was Airbourne Aviation, also an amendment to SMA use permit (SMA(U)-2001-2) applicant was Richard Hill and Class IV zoning permit (Z-IV-2022-5) and use permit (U-2022-5) applicant is the State of Hawai’i, Department of Transportation. The agenda 2 contains class 4 permit (Z-IV-2022-8) use permit (U- 2022-8) and special permit (SP-2022-1) and the applicant is HPM building supply. At this point we are addressing public comment and oral testimony for matters on agenda 1. Agenda 2 will also contain an opportunity for the public to provide public comments and oral testimony as well. For both agendas the oral testimony will be taken in the following manner. First, we’re going to recognize all speakers who have signed up to testify in person who are physically present at the publicly noticed meeting location, Lihue Civic Center Moikeha Building meeting room 2A, 2B, 4444 Rice St. Lihue, Kaua`i, Hawai`i. Next, we will recognize all callers by telephone number who have elected to attend the meeting by phone using the join by phone telephone number provided on the agenda. Finally, we will recognize all attendees who have elected to join the meeting, using the zoom link provided on the agenda. When you're called upon, please identify yourself if you are comfortable doing so, and clarify which agenda item you wish to testify on. All testifiers will be given 3 minutes per testifier per agenda item. If you're not interested in providing testimony, please indicate so when you are called upon. If you have internet connectivity issues, please consider joining the meeting, using the join by phone telephone number provided on the agenda. Please also note that the meeting is viewable through the live stream broadcast at www.kauai.gov/webcast- meeting. Please note though that the live stream broadcast does not provide a means to provide testimony. Please refer again to the agenda for instructions on how to provide public testimony. So, there's no speakers that were signed up to testify for agenda 1 but are there anyone here in the audience wishing to testify on agenda 1? Ms. Cowden: Felicia Cowden for the record, County Council member. I can't get the internet in here, and I didn't see an agenda anywhere. Is some of this for the Department of Transportation, that piece, is that on agenda 1? Ms. Higuchi Sayegusa: Yes. 6 Ms. Cowden: Okay. So, kind of in alignment with one of the speakers set back here. It is so hard to understand what any of these topics are about. My concern is that is, that about the expansion of the airport is the Department of Transport… Chair Cox: No. Ms. Cowden: Okay, thank you. Ms. Higuchi Sayegusa: So, the matter, again, this is a region of the previous agenda heard on February 8, 2022. That matter had to pertain to the interpretive signs in the Hanapepe area. Ms. Cowden: Okay. Is the airport expansion anywhere… Ms. Higuchi Sayegusa: It’s not on the agenda. Ms. Cowden: Okay, I just wanted to make sure I wasn't hearing that in the background. Ms. Higuchi Sayegusa: Okay, thank you. Is there anyone else here physically present wishing to testify on agenda 1? If not, I'm going to turn it over to Miles and Marissa to handle the conference caller or the call-in folks and also the Zoom attendees. Staff Planner Myles Hironaka: Thank you Jodi. Turning to callers who have elected to attend the meeting by phone using the join by phone telephone number provided on the agenda. We will recognize each caller by the phone number that was used to call into the meeting one by one will enable your audio and what you will need to do is press *6 to unmute your phone in order for you to speak for us to hear you. If you are comfortable doing so, please identify yourself and also please clarify which agenda item or items you wish to testify on. You'll be given 3 minutes for agenda item for your testimony and also, if you're not interested in providing testimony, please indicate so when you are recognized. So, I will begin with phone number, 808-635-3231. I have allowed you to speak. Caller: Hi, no testimony today. Thank you. Mr. Hironaka: Alright, thank you very much. That is all that we have for those that have called in by phone. I will now move over to the Zoom attendees. Turning to those who have elected to attend this meeting using the Zoom link provided on the agenda. I will recognize each attendee one by one, promote you as panelists. Once you click on, join this panelist you'll be able to click on, start video and unmute yourself. If you please, clarify which agenda item or items you wish to testify. You'll be given 3 minutes for agenda item present your testimony. Also, if you're not interested in providing testimony, then please indicate so when you would recognize, and as previously indicated any of the zoom attendees experience internet connectivity issues. Please use the join by phone telephone number and we'll return to any new callers for testimony before concluding the oral testimony portion of this agenda. So, let me move on to and start with attendee, C. Martin. I will promote you as panelists, and what you'll need to do is click on join as panelists, and you'll be able to start your video and unmute yourself. And you'll be given 3 minutes for agenda 7 item, C. Martin. C. Martin: I have no testimony for agenda item 1, I’ll wait for agenda item 2. Thank you. Mr. Hironaka: Thank you we'll make note of that. Next, we'll move on to Tara Rojas, promote you as panelist. What you'll need to do is click on join as panelist, and you'll start your video and unmute yourself. Tara…you need to unmute yourself, Tara, ok. Caller Tara Rojas: Aloha. Mr. Hironaka: Okay, go ahead, you have 3 minutes. Caller Tara Rojas: Okay, so I’ll keep you to this 3 minute but I just wanna say, so this is for 4a, 5a and just for what was approved at the subdivision committee meeting. So, I just wanna ask you a question to you all. Is this really…does public testimony have any effect on your decisions or you, as a commission as a board, already have it, have your decision made. I heard you saying the last one, since it's the same item agenda that you know this hasn't fallen on deaf ears. This is unusual, and you know what's really disheartening, just to hear you all say just like matter of just going through the motions. Okay, do we approve? Aye, aye, aye, you just approve it, like nothing. As if 2 hours of testimony in opposition, 71 pages in opposition to the Kukuiula, to these approvals. You know of these developments again by foreign developers for outsiders. When and like, if you didn't hear the kupuna sitting right in front of you in person telling you per Mo`okū`auhau from the 1800’s from before, if that doesn't move you and you're just gonna…it is falling on deaf ears because 71 pages of testimony, 2 hours of live testimony and at the end you’re just, okay. Well, we’re the preliminary approval. Aye, aye, aye and that’s it. Please think about what you're doing, and if this is just all for show, please step down and remove yourselves. We need people in there with kānaka maoli mindset who are there to listen to the kupuna, who are there of blood or of kānaka maoli mindset, indigenous mindset, to do what is right for Kaua`i. Please do not, at the end of this meeting just add, okay for item number 4a, 5a tentative preliminary approval, 71 pages of opposition, 2 hours of live testimony. We are approved…aye, aye, aye. That’s hewa and why are you even using aye, ʻōlelo Hawai’i to approve what the kānaka maoli are saying a`ole to. That should be your response. Please take a stand. Do not let money profit over people, run this planning committee. Listen, make the right decisions. Mahalo. Mr. Hironaka: Commissioners, can you hear me? Are you able to hear me? Chair Cox: Yes, we are. Mr. Hironaka: Okay. Thank you. Next, we have Kulanui Perez. I’ll promote you as panelist. What you’ll need to do again is click on join as panelist, start your video and then unmute yourself and then also, please let us know which agenda item you would like to testify on. Kulanui Perez: I don’t have a testimony for any agenda item currently. I just had a question for the Planning Department. I do want to know, how many of you are actually kānaka maoli, how many of you have Hawaiian descent and are sitting on this board right now? Ms. Higuchi Sayegusa: Sorry, so this is the opportunity for you folks to provide testimony to the 8 Commission. There’s typically not a back and forth or question answer at this point. This is really the opportunity to share any insights or testimonies, viewpoints that the commission should consider. Kulanui Perez: Well, I already gave testimony earlier and we saw earlier, other people had questions for the panel really quick, so this is my real quick question, just to clarify, how many of you are kānaka maoli? Ms. Higuchi Sayegusa: So again, this is not a portion where there’s a back-and-forth dialogue. Kulanui Perez: No, I'm not going back and forth I just wanna know how many of you are kānaka maoli and then just be done with it. Ms. Higuchi Sayegusa: This is going to be a part of your testimony. Thank you. It’s your time. Kulanui Perez: Okay, well I’m gonna take that as none of you then because no one's answering I’m gonna take that in response as none of you are kānaka maoli on this panel right now. Thank you. Ms. Higuchi Sayegusa: Okay Myles. Mr. Hironaka: Next, we have A.S. I’ll promote you as panelist. So, what you'll need to do is click join as panelist and start your video and unmute yourself. Do you wish to testify on any agenda item? Caller A.S.: Yes. Thank you. Mr. Hironaka: Go ahead, you have 3 minutes. Caller A.S.: Unfortunately, this feels like a charade. We heard I don't know…15/18 community members testify against S-2022-6 and S-2021-1 and they were ratified in about 40 seconds. There was no discussion on the panel. One gentleman said he understood the concerns, and immediately voted to approve everything. Every speaker here has questioned what the planning commissioners and subdivision committee members are doing on this panel, if they're not here to uphold the values of the island, if they're not here to uphold Hawaiian culture and understand what the community is saying, and the community concerns this feels like a kangaroo court. Something has to give. The woman who just spoke asked a very clear question. There's never been a dialogue between the planning Commission and the community members, it’s all one way. I think it's important for everybody to recognize that the mayor alone appoints all of the planning commission members. Then they're approved by the council. but the mayor appoints everybody on this planning commission, and none of you have taken into account one word of the last 2 hours. I think it's a frightening situation, that's it. Mr. Hironaka: Thank you. Next, we have Kiara Lorenzo-Rodrigues. I’ve promoted you to panelist. You need to join. Click on join as panelist and start your video, unmute yourself. Caller Kiara Lorenzo-Rodrigues: Can you folks hear me? 9 Mr. Hironaka: Yes, we can, you have 3 minutes. Go ahead. Kiara Lorenzo-Rodrigues: Okay, I just wanna again. go over the `aumakuas are the native animals that are in this area especially with the noted explosive that they were using. We know that this is an area where the `awe`awe or the bats, where they have their natural habitats and where they have their nesting. And for me I just have the quick question of what those are sounds doing to the to the babies that are in the area, and you know that in all the shrubs it's says it's like 10 to 15 feet, where they leave their babies while they go and search for their food. But nobody is taking an account to this yeah during their pupping season, which is June first to September fifteenth. There's a risk that young bats would be harmed or killed because they can't fly or move away from the disturbance. And also, the fencing in the area that obstruct the flying of all our natural animals. And, also again to just kind of hit the hammer on the nail. One more time about the Nene and how their nests are all in there, and it's kind of crazy for fish and wildlife to say, oh, there's no nest there when they're clearly evidence it's while they work all day, they have to find other homes especially throughout the golf course, and then they come back, and they kind of look at all their areas that were again destroyed. So once again, this is just me kind of trying to enforce you folks to help us protect our native species when we look towards the other `aina throughout Hawai`i, the other islands throughout Hawai`i pa `aina, we see that they take, they do their due diligence to protect these animals, they’re in danger. So, I again command you folks to do your due diligence and protect our `aumakua. Mahalo. Mr. Hironaka: Thank you. Next, we have Tessie Kinnaman. I’ve enabled your audio and video please click on join as panelist. Then you'll be able to start your video and also unmute yourself. Please let us know which agenda item you're interested in speaking on. Tessie… Caller Tara Rojas: You promoted me instead of Tessie, but I will just take this opportunity to say that commission please, avoid using `Ōlelo Hawai`i to ratify and to approve any of these hewa decisions and please make a motion to defer them or to disregard them completely. Do pono for once on behalf of kānaka maoli. Mr. Hironaka: Thank you. Sorry. Tessie I’ve enabled your audio and video. Please click on start, join as panelist. You can start the video and unmute yourself. There you go. Caller Tessie Kinnaman: Aloha Commissioners, Tessie Kinnaman for the record. I’d like to speak on M, 3 and 4, the Kukui`ula developments and I’d like to continue from my testimony from the subdivision Committee. I would like to recommend that the Commissioners work with the planning director to amend condition, number 31 of the Kukui`ula ordinance which is PM 2004-370. I wish you would all familiarize yourselves with these conditions, and there's 15 pages of conditions, and there needs to be a timeframe put on a couple of these conditions so we, so the community at least benefit from opportunity zone projects cause it’s approaching 20 years and I sure wouldn’t want to see something, this project look like the Moana Corporation Project. Where it took the developers to put in a public restroom just about 20 years, and this is looking like the same thing, it smells like the same thing, so at least amend for now, Condition number 31, which reads: the applicant is advised prior to, and or doing construction and use additional governmental agency conditions may be imposed. It shall be the applicant’s responsibility to resolve these conditions with their respective agencies and one priority, there's several priorities but the first priority would be to dedicate the harbor park which has already been 10 done for several years, and the applicant has developed it and now they need to do is dedicate it to the county and perpetually maintain the park. And that's the harbor park down at the Kukui`ula and that's about 4 parcels and it’s already done, there’s a parking lot all that stuff and the public has been using it thoroughly and so has the new residents over there the Kukui`ula Development and another one that should be done, including this implementation plan for the time frame that they develop and dedicate the 20-acre park and perpetually maintain the park. This community park is a regional community park that is, across from the recently built Kukui`ula employee housing across the street on Po`ipu road. And there are several cultural sites there and so if they can, as soon as they can so the community has something to go to besides Koloa baseball park, it’s getting too small. Our community is growing with local residents, especially with children. So, we need all that space for them, and if they can build during this pandemic, if they can build a 5-to-7-tiered mountainside… Ms. Higuchi Sayegusa: Three Minutes. Caller Tessie Kinnaman: …across from the harbor which I think it encompasses the lot TMK 2-6- 015:001, which is supposedly from conception plan supposed to be the resort hotel, resort area. At least those 2 be, these 2 conditions be amended to implement the timeframe that they be, these 2 conditions be completed before construction or before subdivision approval, which you guys just approve. And of course, there is still archaeology to be followed up on update on the waste management plan. And the thing is this is these projects I mean the opportunity zone and so I think there also needs still needs to be a traffic impact analysis, report done or updated because I don't recall when it was last done. If there, was one done for the Kukui`ula housing project? I think they may have used the Moana Corporation one or Knudsen Trust one, that was, it’s so old already. Because it’ll affect the roundabout there at the Koloa and Kalanikaumaka intersection because with these developments it should be bringing more traffic and so, we need to put in that fourth spoke of the roundabout where it connects to Maluhia Road and Alakinohiki so, good traffic flow there. And I think that’s pretty much…and there is another condition, number 7a, 1 and 2, it's the Major Project roadway that hooks up with the… Ms. Higuchi Sayegusa: Five Minutes. Caller Tessie Kinnaman: …NTBG, east a little, near a boundary to the NTBG visitor center. That roadway is supposed to connect into the major project roadway and open to the public 24/7. And I hope that you can amend and work with the planning director. Amend condition number 31. And updates I think should be warranted for the wastewater, the wastewater and the solid waste, because wastewater, I do not recall, all I know is that Kukui`ula was supposed to, were going to build their own but then they amended their condition to be… Ms. Higuchi Sayegusa: Six Minutes. Caller Tessie Kinnaman: included in the Po`ipu community plan, Po`ipu wastewater plan and my question for that, the sewer is, does Kukui`ula Development has any injection wells on their project? I hope I have opened a few eyes. I would really appreciate if you would explore the implementation timeframe for condition number 31 to affect conditions number 15d and 15a and also c. I don't know what else I can say but I’m sure you can't say anything to me. But please 11 familiarize yourselves with all these conditions because I hear the general public very disappointed that you know everything's just passes through, and it doesn't there, there's no… Ms. Higuchi Sayegusa: Six Minutes. Caller Tessie Kinnaman: …dialogue between commissioners so we can hear what you’re thinking and that's the sad part, because I’ve been attending, as Myles know attending all these commission and Council meetings over 30 years and before the pandemic even then before then it was, it was ok. But then I think now that with all new commissioners. I hope you're studying all the paperwork that is in front of you because I’ve done over the years, I’ve done major studying. You're doing it for free, I’m doing it on my own time and it, it's very disappointing for anybody to be a part of this process when it feels like everything is falling on deaf ears. So, I hope that you can work with the planning director in amending condition number 31 to include a timeframe with these, I think this prioritize the conditions for the community, for the benefit of the community. that the implemented before any construction starts as stated over there in Condition Number 31. I guess this is Mahalo for now. Thank you. Mr. Hironaka: Thank you. Now let’s… Caller Tessie Kinnaman: Oh, I’m sorry, I have one more. The update on the tram on the shoreline setback determination. This is the Kukui`ula Infrastructure, LLC., application number SSD 2022- 26, Koloa the tram road required setback, 186 feet from shoreline proposed road is approximately 300 feet away on a cliff bluff at a 150 feet elevation height. I would like to know where the exact location of that is, or do I have to come into the planning department with that plan? Thank you. Mr. Hironaka: Thank you. Now move to attendee by the name of Michael. I will enable your audio and video. please click on join as panelist and you will be able to start your video and unmute yourself. Caller Michael Clark: Hi, Michael Clark here. Mr. Hironaka: Go ahead. You have 3 minutes. Caller Michael Clark: I'd like to also echo what Tessie said about the Kukui`ula development and their responsibility and the conditions they were required to build a park in Koloa town. I know that that was something that was supposed to happen a long time ago. I've been following along with that in every year they get to push it back. I don't know why the conditions are for that, but I know it was supposed to involve a skateboarding park and basketball courts and stuff. I think the point that I’d like to make is it seems Ms. Higuchi Sayegusa: You have to unmute yourself. Mr. Hironaka: Michael, you have to unmute yourself. Caller Michael Clark: Oh, there we go, sorry about that. Oh, did you guys hear any of what I said so far? 12 Ms. Higuchi Sayegusa: We did. Caller Michael Clark: Oh ok. I must have accidently muted it again. So, what I was saying was that you know I’m speaking in regard to the HPM facility. but my one of my main points is, I'm a physician on the west side of the island so I’m sorry that I have to speak quickly but I feel like we're held as citizens here on Kaua`i to as homeowners and builders were held to a certain standard and we have to jump through a lot of hoops and we have to go through a process in order to build, in order to like have a vehicle here and I feel like since I’ve lived here that a lot of these private companies are not being held to the same standard. You know, this park was supposed to be built you know 10 years ago, and it still hasn't been built yet. There's supposed to be a skateboard park in a basketball court for my kids and Kukui`ula never built that they put it off for many, many years and it's something that we definitely need in our community, and as the planning commission, I would hope that you would hold private companies to the same standard that you hold us to. And so, you know, for the HPM facility I feel like there's a lot of unanswered questions and I have a lot of concerns about the impact that industry is gonna have in in our area in Koloa. I don't know why they've decided that they have to put this facility in Koloa town right near the sugar mill. There doesn't seem to be a great reason for it when you know, there's already an industrial park in Puhi, in town and now we're going to be, you know, taking large vehicles down small roads in an already crowded area, and you know hearing all this testimony about all the building that's going on in Po`ipu and all the new development. I feel like the planning departments job in this part is to prevent us from being overwhelmed by all this new stuff that's coming in. I think this is gonna overwhelm our community and I think that it needs to be better planned out. I think that having an open-air tent you know, manufacturing trusses, and apparently building modular homes. in Po`ipu just seems like… Ms. Higuchi Sayegusa: Three Minutes. Caller Michael Clark: it just seems like a bad idea to me. Okay? Well, thank you for the time. Mr. Hironaka: Thank you. Let’s move on to attendee by the name of Tom Robbins. We have enabled your audio and video. Please click on, join as, panelist and you'll be able to start your video and unmute yourself. Tom…Let me try this again, okay. Here we go, Tom, you need to unmute yourself. I think he has left the meeting. Jodi, that's all that we have, as far as that have called in by phone, and that have joined us by Zoom. However, we have 2 more people that wish to testify in zoom for agenda item number 2. Would we allow them to testify now or wait till we open agenda 2? Ms. Higuchi Sayegusa: Yes, they’ll be another opportunity for call-in testimony, especially for the items on the agenda 2. Mr. Hironaka: Okay. Ms. Higuchi Sayegusa: We’ll try to move at this time. Is there anyone here in the audience last call for any testimony on agenda 1? Seeing none. 13 New Agency Hearing CLASS IV ZONING PERMIT (Z-IV-2022-4), and USE PERMIT (U-2022-4) to allow construction of a new tour/administration and repair facility, aircraft hangar and associated improvements on a parcel located along the makai side of Ahukini Road in Lihue, situated approximately ½-mile north of the Lihue Airport terminal, further identified as Tax Map Key: 3-5-001:008, and affecting a portion of a larger parcel containing 720.974 acres = Airbourne Aviation, Inc. [Director’s report received 1/25/2022]. Ms. Higuchi Sayegusa: Madam Chair, I think we can move on from item F to item F2, New Agency Hearing. Chair Cox: We’re at the point where we are looking at closing the agency hearing before we move on to actually action items. I wanted to just remind you all that this is a redo of the planning commission agenda that was back there in May. And so, there was testimony taken at that point at discussion at that point. So, we are now at F and what we need now is a motion be made and seconded by the Commission about the items on F. Ms. Higuchi Sayegusa: Yes, and specifically item 2a, first it’s CLASS IV ZONING PERMIT (Z- IV-2022-4) and USE PERMIT (U-2022-4) to allow construction of a new tour/administration and repair facility, aircraft hangar and associated improvements on a parcel located along the makai side of Ahukini Road in Lihu’e, situated approximately 1/2-mile north of the Lihu’e Airport terminal, further identified as Tax Map Key: 3-5-001:008, and affecting a portion of a larger parcel containing 720.974 acres = Airbourne Aviation, Inc. Chair Cox: Can I get a motion? Ms. Otsuka: Move to close agency hearing. Chair Cox: Ratify and to close? Ms. Otsuka: Ratify and to close. Ms. Apisa: Second Chair Cox: And this is to ratify close this February 8, 22 action (inaudible) on permit (Z-IV-2022-4). We’ve been seconded. Any (inaudible) Chair Cox: Can we have a roll call vote? Ms. Higuchi Sayegusa: Sure. Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. 14 Ms. Higuchi Sayegusa: Commissioner DeGracia? Mr. DeGracia: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Ms. Higuchi Sayegusa: Motion carries 5:0. AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2001-2) to allow construction of a boat storage building on a parcel situated at the terminus of Kukuna Road in Aliomanu, further identified as 5171Kukuna Road, Tax Map Key: 4-9-005:005, containing a total area of 8.142 acres = Richard Hill. Chair Cox: We’re moving on now to B, which is the AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2001-2) to allow construction of a boat storage building on a parcel situated at the terminus of Kukuna Road in Aliomanu, further identified as 5171 Kukuna Road, Tax Map Key: 4-9-005:005, containing a total area of 8.142 acres = Richard Hill as the applicant. May I have a motion about this one if there’s no further discussion? Ms. Apisa: I move to ratify and close. Ms. Otsuka: Second. Chair Cox: We’ve been seconded. Any further discussion? Ok, roll call… Ms. Higuchi Sayegusa: Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner DeGracia? Mr. DeGracia: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. 15 Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Motion carries 5:0. CLASS IV ZONING PERMIT (Z-IV-2022-5) and USE PERMIT (U-2022-5) to allow installation of interpretive signage and associated site improvements at the Hanapepe Town Park & Playground facility in Hanapepe, along the western side of Kona Road and immediately adjacent to the Hanapepe Fire Station, further identified as Tax Map Key: (4) 1- 9-005:048 and containing a total area of 45,600 square feet = State of Hawaii, Department of Transportation. [Director’s report received 1/25/2022]. Chair Cox: Moving on to C, CLASS IV ZONING PERMIT (Z-IV-2022-5) and USE PERMIT (U- 2022-5) to allow installation of interpretive signage and associated site improvements at the Hanapepe Town Park & Playground facility in Hanapepe, along the western side of Kona Road and immediately adjacent to the Hanapepe Fire Station, further identified as Tax Map Key: (4) 1-9- 005:048 and containing a total area of 45,600 square feet = State of Hawai'i, Department of Transportation is the applicant. May I have a motion? Ms. Otsuka: I move to ratify and close. Chair Cox: Thank you. Is there a second? Mr. Ako: Second. Chair Cox: Any further discussion? Roll Call? Ms. Higuchi Sayegusa: Ok. Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner DeGracia? Mr. DeGracia: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Motion carries 5:0. 16 Continued Public Hearing Ms. Higuchi Sayegusa: Moving on to item F3, Continued Public Hearing, there are none for this meeting. New Public Hearing Ms. Higuchi Sayegusa: Item F4 a, none for this meeting. All remaining public testimony pursuant to HRS 92 (Sunshine Law) Ms. Higuchi Sayegusa: F5, all remaining public testimony pursuant to HRS 92 (Sunshine Law). CONSENT CALENDAR Status Reports Director’s Report(s) for Project(s) Scheduled for Agency Hearing Ms. Higuchi Sayegusa: Item G, Consent Calendar, Status Report, there are none. Director's Report for Project Scheduled for Agency Hearing, there are none for this agenda. GENERAL BUSINESS MATTERS Ms. Higuchi Sayegusa: H, General Business, there are none for this particular agenda. COMMUNICATION (For Action) Ms. Higuchi Sayegusa: I, Communications, none. COMMITTEE REPORTS Subdivision Ms. Higuchi Sayegusa: J, Committee Reports, for Subdivision Committee. Mr. Ako: Thank you Jodi. Planning Commission Subdivision committee met this morning. We met on…the meeting was called to order at 8:34. We had met on 2 application items, one of those preliminary subdivision map approval, application number S-2022-6. As well as a final subdivision map approval, application number S-2021-1. Both motions were to ratify the actions taken on February 28, 2022, and both had passed with a 2:0 vote, and the meeting was adjourned at 10:19 a.m. Chair Cox: Thank you. Do we have a motion? Ms. Apisa: Just a question. So, this is today’s meeting? Mr. Ako: Yes, the report is for the meeting we had this morning. 17 Chair Cox: Which was a redo of the (inaudible). Ms. Apisa: Move to approve. Ms. Otsuka: Second. Chair Cox: Ok, it’s been moved and seconded. Motion carries 5:0. Chair Cox: I guess I know there's a lot of concern in the public, and those who have testified that I just want to clarify again, this is not having to do with the Kiahuna development. This is Kukui`ula, both of these items are Kukui`ula not Kiahuna. I’m wondering if the applicants want to just give an update on some of the concerns as far as timing at the park, etc…any (inaudible) Thanks for clarifying for those who… Mr. Trask: Aloha, Chair Cox, Aloha Commissioners. Mauna Kea Trask on behalf of Kukui`ula Development Company, LLC. applicant for S-2021-1. The issue before you today is, whether or not the applicant is in comply with the requirements and conditions of tentative map approval, which they have. The ordinance itself, the private development ordinance is a larger issue. I'm not able to testify as to that today but I do know that there are numerous ordinance conditions within the tentative subdivision approval. And so, in relation to ordinance PM 2004-370, that’s what we’re talking about, correct? Chair Cox: The conditions 31 and 15 (inaudible). Mr. Trask: So, the condition 31 was not part of this approval. There was environmentally pack assessment fee, which was paid. Park dedication fee, which was paid. Conditions 3, 7, 14, 15, 16, 23, 27 and 30. All state and county (inaudible) comply with. So, you know I heard Aunty Tessie talking about that. It’s my understanding that that condition is not attendant to this report but I’m sure that you know when it does come up, and or like, she said, the planning department can follow up with them or commissions but as far as it goes with this, I don’t (inaudible). Chair Cox: Thank you very much. Are there any further concerns or discussions? We have a motion on the table, a movement to ratify. Ms. Apisa: Ratify and close? Chair Cox: Ratify and close. Ms. Higuchi-Sayegusa: Chair Cox: Actually, this is for the subdivision committee. Ms. Apisa: Oh, I’m sorry. Chair Cox: It’s ok, it’s confusing. Can we have a roll call vote? Ms. Higuchi-Sayegusa: Sure. Commissioner Ako? 18 Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner DeGracia? Mr. DeGracia: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Motion carried 5:0. UNFINISHED BUSINESS (For Action) Ms. Higuchi Sayegusa: Item K, Unfinished Business (for actions), there are none for this meeting. NEW BUSINESS (For Action) CLASS IV ZONING PERMIT (Z-IV-2022-4), and USE PERMIT (U-2022-4) to allow construction of a new tour/administration and repair facility, aircraft hangar and associated improvements on a parcel located along the makai side of Ahukini Road in Lihue, situated approximately ½-mile north of the Lihue Airport terminal, further identified as Tax Map Key: 3-5-001:008, and affecting a portion of a larger parcel containing 720.974 acres = Airbourne Aviation, Inc. [Director’s report received 1/25/2022]. Ms. Higuchi Sayegusa: Item L, New Business (for action), 1. CLASS IV ZONING PERMIT (Z- IV-2022-4) and USE PERMIT (U-2022-4) to allow construction of a new tour/administration and repair facility, aircraft hangar and associated improvements on a parcel located along the makai side of Ahukini Road in Lihu`e, situated approximately ½-mile north of the Lihu'e Airport terminal, further identified as Tax Map Key: 3-5-001:008, and affecting a portion of a larger parcel containing 720.974 acres, applicant was Airbourne Aviation, Inc. Chair Cox: Motion to ratify the February 8, 2022. Ms. Otsuka: Move to ratify the February 8, 2022, action of the commission on permit CLASS IV ZONING PERMIT (Z-IV-2022-4) and USE PERMIT (U-2022-4), applicant Airbourne Aviation. Mr. DeGracia: Second. Chair Cox: We’ve been seconded. Any discussions? Roll call vote? 19 Ms. Higuchi-Sayegusa: Sure. Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner DeGracia? Mr. DeGracia: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Motion Carried 5:0. AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2001-2) to allow construction of a boat storage building on a parcel situated at the terminus of Kukuna Road in Aliomanu, further identified as 5171Kukuna Road, Tax Map Key: 4-9-005:005, containing a total area of 8.142 acres = Richard Hill. Ms. Higuchi Sayegusa: Item L 2, AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2001-2) to allow construction of a boat storage building on a parcel situated at the terminus of Kukuna Road in Aliomanu, further identified as 5171 Kukuna Road, Tax Map Key: 4-9-005:005, containing a total area of 8.142 acres = applicant is Richard Hill. Chair Cox: Can I have a motion? Mr. Ako: I’ll move to ratify the February 8, 2022, action of the commission on AMENDMENT TO SPECIAL MANAGEMENT AREA USE PERMIT (SMA(U)-2001-2). Chair Cox: Is there a second? Mr. DeGracia: Second. Chair Cox: We’ve been seconded. Any discussions? Roll call? Ms. Higuchi-Sayegusa: Sure. Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? 20 Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner DeGracia? Mr. DeGracia: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Motion carried 5:0. CLASS IV ZONING PERMIT (Z-IV-2022-5) and USE PERMIT (U-2022-5) to allow installation of interpretive signage and associated site improvements at the Hanapepe Town Park & Playground facility in Hanapepe, along the western side of Kona Road and immediately adjacent to the Hanapepe Fire Station, further identified as Tax Map Key: (4) 1- 9-005:048 and containing a total area of 45,600 square feet = State of Hawaii, Department of Transportation. [Director’s report received 1/25/2022]. Ms. Higuchi Sayegusa: Item L 3, CLASS IV ZONING PERMIT (Z-IV-2022-5) and USE PERMIT (U-2022-5) to allow installation of interpretive signage and associated site improvements at the Hanapepe Town Park & Playground facility in Hanapepe, along the western side of Kona Road and immediately adjacent to the Hanapepe Fire Station, further identified as Tax Map Key: (4) 1-9- 005:048 and containing a total area of 45,600 square feet = State of Hawai'i, Department of Transportation. Ms. Otsuka: I move to ratify the February 8, 2022, action of the commission on CLASS IV ZONING PERMIT (Z-IV-2022-5) and USE PERMIT (U-2022-5). Mr. Ako: I second. Chair Cox: We’ve been seconded. Any discussion? Roll call? Ms. Higuchi-Sayegusa: Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner DeGracia? Mr. DeGracia: Aye. 21 Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. 5:0. Ms. Higuchi-Sayegusa: (inaudible) Executive session. So, item N, Announcements, there are none at this point. Moving on to O, Adjournment for Agenda 1. Chair Cox: Can I have a motion? Mr. DeGracia: I move to adjourn. Ms. Otsuka: Second. Chair Cox: We’ve been seconded. All those in favor of adjourning Agenda 1say, aye? Aye. (Unanimous voice vote). Agenda 1 meeting adjourned. Motioned carried 5:0. Chair Cox adjourned the meeting 11:31 a.m. 22 Respectfully submitted by: _________________________ Lisa Oyama, Commission Support Clerk () Approved as circulated _______________. ( ) Approved as amended. See minutes of __________ meeting. KAUA‘I PLANNING COMMISSION OPEN SESSION MEETING AGENDA 2 June 14, 2022 DRAFT The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair Cox at 10:29 a.m. - Webcast Link: https://www.kauai.gov/Webcast-Meetings The following Commissioners were present: Ms. Donna Apisa Ms. Helen Cox Mr. Gerald Ako Ms. Lori Otsuka Mr. Francis DeGracia 10:29 a.m. recused self from meeting The following staff members were present: Planning Department – Deputy Planning Director Jodi Higuchi Sayegusa, Staff Planner Myles Hironaka, Dale Cua, Kenny Estes, and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – County Attorney Matthew Bracken, Office of Boards and Commissions – Support Clerk Arleen Kuwamura and Support Clerk Lisa Oyama. Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair Cox: Just to clarify for those in the audience, this, what we are now moving into new items that have not been discussed before. Ms. Higuchi-Sayegusa: Call to order? Chair Cox: Called to order at 11:36 a.m. Agenda 2 of today’s Planning Commission on June 14, 2022. Ms. Higuchi-Sayegusa: Chair, if I can do a roll call? Chair Cox: Sure. Ms. Higuchi-Sayegusa: Commissioner Ako? Mr. Ako: Here. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Here. D.4. Aug. 23, 2022 Ms. Higuchi Sayegusa: Chair DeGracia has recused himself from Agenda 2. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Here. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Here. Ms. Higuchi Sayegusa: We have quorum. 4 Present. APPROVAL OF AGENDA Ms. Higuchi Sayegusa: Item C, Approval of the Agenda. Chair Cox: Anyone else need anything changed on the agenda? Ok. Ms. Apisa: Move to approve the agenda of the June 14, 2022, Planning Commission meeting. Mr. Ako: Second. Chair Cox: All those in favor, say, aye? Aye. (Unanimous voice vote). Any opposed? Approved. Motion carried 4:0. MINUTES of the meeting(s) of the Planning Commission Ms. Higuchi Sayegusa: D, Minutes of the meetings of the Planning Commission, there are none. RECEIPT OF ITEMS FOR THE RECORD Ms. Higuchi Sayegusa: Item E, Receipt of items for the Record, there are none. HEARINGS AND PUBLIC COMMENTS Ms. Higuchi Sayegusa: Item F, Hearings and Public Comments. Again, as explained earlier and the publics sake, there were 2 Planning Commission agendas, in addition to the Subdivision committee agenda that the commission will go through today. So, agenda 1 was a repeat of the February 8, 2022, meeting Agenda on advice of counsel, we had to redo that, and agenda 2 contains the Class IV zoning permit (Z-IV-2022-8) use permit (U-2022-8) and special permit (SP-2022-1) and the applicant is HPM Building Supply. We are addressing public comments and oral testimony for matters on agenda 2 at this time. So, again as explained earlier, oral testimony will be taken this morning in the following manner, first we’re going to recognize anyone who is physically present, decided to testify in person at this publicly notice meeting location, Lihue Civic Center, Moikeha Building, meeting room 2A, 2B 4444 Rice Street, Lihue, Kauai, Hawaii. Next, we will recognize our callers by telephone number who have elected to attend the meeting by phone using the join by phone telephone number provided on the agenda and finally we're going to recognize all attendees who have elected join the meeting, using the Zoom Link provided on the agenda. When you're called upon. please identify yourself if you're comfortable doing so and clarify which agenda item you wish to testify on. All testifiers will be given 3 minutes per testifier per agenda item. If you're not interested in providing testimony, please indicate so when you are recognized. If you have Internet connectivity issues, please consider using the join by phone telephone number, and we will return to any new callers before opening the remote oral testimony portion of the agenda and please note that the meeting is also viewable through the live stream broadcast at www.kauai.gov/webcast-meeting. However, the live stream broadcast does not allow for public testimony. Please refer to the agenda for instructions on how to connect, to provide public testimony. So, turning to the list of registered speakers, first we have Bridget Hammerquist. Speaker Bridget Hammerquist: Good Morning, Chair Cox and members of the Commission. I’d like to explain and renew my comment about the notice to the public. I know the statute says 6 days before the meeting, but this agenda is not only confusing, it was amended and on agenda item 1, a map was produced this morning from a preliminary master plan of Kukui`ula just this morning. So, there’s no way the public gets to really check it or respond to it, and it may be accurate, it may not be, but State Historic Preservation Division could’ve been involved and apparently weren’t and I don’t know the people who would be in the know on where the heiau’s are, the burial caves, don’t really get a chance to compare, so, I don’t think it’s a properly noticed meeting. But with that said, I’ll move on, by the way, the packet was 720 pages long. The planning department might want to consider a means to show the public what's been amended because it's really a lot of material to go through to find a potential amendment. All we know is it got published as an amended agenda a day or 2 ago. So, it's not the 6 days before that we're getting material, but on the HPM matter my family home was built in Koloa almost 50 years ago. My parents are buried at St. Raphael’s Church. I was born in Hawaii before it was a State. I really do care about this community. I consider Koloa home, and I always have what's happening to us is a travesty. There's one of the developers, Gary Pinkston is planning to add over 400 homes, 100 luxury condos he stated in Koloa town, 280 condos on Kiahuna Plantation drive and another 51 units in Kukui`ula, 45 of those or 41 of those being cottages and 12 being luxury homes and the cottages are going to be right across from the harbor in an area that was a natural drainage and I don't know what the county is doing, and the agenda doesn't tell us and the Planning Commission doesn't tell us what's really being done to protect the community in the event of a natural disaster. We already have fairly crowded roads in Po`ipū and Koloa. It's a residential and a resort community. It's not an industrial community. We have industrial areas on island. We have, as the gentlemen, said, Puhi, Lihu`e, Ele`ele and Port Allen, we have a lot of areas where they are selling industrial. We have an area outside of Lihu`e on the other side of Kaua`i Nursery where there's a large industrial plant, and that would be close to a highway. It would be away from residences, and it would be close to the harbor, where they say their trucks are gonna, have will come and go. They report, trucks will travel the eastern bypass… Ms. Higuchi Sayegusa: Three minutes. Speaker Hammerquist: …roads in Koloa from 6:30 in the morning till 4 in the afternoon. Rather than allow them to circumvent a zoning change, because this is agland, important agland, it shouldn't be given in a special use permit. And I think that the Kaua`i Springs spoke to that because they said the traditional and customary practices have to be looked at and the impact of the environment has to be looked at and, I don't find that either the traditional customary practices have been looked at by people in Koloa. Not people like Milton Ching in Kapa`a to comment on Ka Pa`akai analysis. That's not the community giving feedback to the planning commission planning department or the developer. It has to be people that live in Koloa and there are a lot of people now trying to fill these out with regard to other developments. Not this one, but it was done in a limited fashion, and I don't think it's complete. I don't think the Department… Speaker Higuchi Sayegusa: Four minutes. Speaker Hammerquist: …of Land and Natural Resources has been contacted, and I’ll let others address that. Thank you for your time but I would request that you not approve any industrial that’s going to change our community forever because that noise that’ll come from those air guns and compressors under a tent will be pretty awful for the children who sleep and live nearby these homes. It should be in an industrial park. Thank you for your time. Chair Cox: Thank you. Ms. Higuchi Sayegusa: Next registered speaker, Kamal Hassan. Speaker Kamal Hassan: Good Morning everyone. My name is Kamal Hassan and I’m a civil engineer. I worked for the Oregon State Highway Division for over 10 years. I’ve been a Kaua`i, Koloa area for the last 5 years and I consider myself a permanent resident here. From what I have seen is as a rapid rubber stamping on everything that a developer, especially, for instance, is producing. First of all, concerning that the mill is going to produce trusses. I worked in Oregon for over 14 years at a lumber yard, and I’m very familiar of the noise level that's going to produce as well as the big trucks that will haul the lumber in and out so that the air pollution, the traffic as well as the highway that is going to be impacted. So, I definitely would encourage you to decline this preceding them. Thank you. Chair Cox: Thank you. Ms. Higuchi Sayegusa: Next registered speaker, Jason Edmonds. Speaker Jason Edmonds: Hello! My name is Jason Edmonds, I’m a Union Carpenter Construction Superintendent and the Hawaii Regional Council Carpenter's delegate for the Island of Kaua`i. I've come here today to strongly oppose the development of the HPM fabrication facility in question. But I don’t just speak for myself, I'm speaking for all union carpenters on Kaua`i. Many couldn't make it here today, because they must work but a few of my brothers and sisters, and myself have taken time out of their work schedule to come and speak out against what we see as a threat to our community and our way of life here on Kaua`i. I firstly had the experience of working in the trades in a highly non-union market in the mainland. And I understand the benefit of making enough money to live so both parents don't have to work one or 2 jobs to make it. Most of my Union brothers and sisters have families to support, and many studies have shown the benefits of having parents able to have the time needed to be there to raise their children. It increases the success of future generations in their adult lives. This is the major reason why I decided to be a delegate for the Hawaii Regional Council of carpenters a decade ago, so I could vote to help working men and women. Since then, I’ve seen the cost of living go up due to inflation and other reasons, and the wages of the carpenters barely able to match the rising cost of living. This facility would have the potential to take a large percentage of union carpenters work, while giving work to others at a much lower wage and benefit. By letting this facility be built, essentially, we are saying it's okay to take money from the pockets of hardworking trades persons and put them into the hands of wealthy businessmen. There will be no trickling down of wealth, we all know that doesn't work. The extra money will make they make will represent money that should be put back into (inaudible) Kaua`i. Whereby helping other working-class people get back on their feet after being hit so hard by the Covid 19 pandemic. This money would also represent tax revenue that would go towards infrastructure and social programs. A vote to approve the HPM facility would be a bad decision, especially now when many are down. During this time there is need for our government officials to help protect the hardworking people of Kaua`i from those who would like to take advantage of them. We represent some of those hardworking people. We are your constituents, and we firmly say no, to the HPM facility, and we urge you to do the same. I could go further to say, we all know how expensive it is to live in Kaua`i, on Kaua`i, in Hawaii. The HRCC creates opportunities for men and women to have fair paying jobs. We feel like this facility threatens that we feel like it's a step backwards instead of forwards, and like I said again, we… Ms. Higuchi Sayegusa: Three minutes. Speaker Edmonds: …don't know. Thank you. Chair Cox: Thank you. Ms. Higuchi Sayegusa: Next registered speaker, Keola Christian. Speaker Keola Christian: I’m sorry, (inaudible) Ms. Higuchi Sayegusa: Ok. Next, if you’re not interested at this point. Adele? Unknown male from audience: I think he left. Ms. Higuchi Sayegusa: Ok. Next registered speaker, Chris Delaunay. Speaker Chris Delaunay: Aloha Commissioners, Chris Delaunay with Pacific Resource Partnership. We are a nonprofit market Recovery Trust Fund, which represents approximately 7,000 men and women union carpenters and 240 largest small contractors in the State of Hawaii, including approximately 250 individuals and unionized contractors on Kaua`i. We are testifying on HPM Building Supply application. A lot of the assertions made by HPM are blanket assertions not supported by real evidence and need further analysis. This is a third time I’ve been testifying on this matter, so I’ll keep it short. There is no real evidence that this project supports the general plan. There is no real evidence that this project will provide jobs and living wages. In fact, we believe that this project will take or could take away more jobs than it will provide, and the erode wages. There's no real evidence that this project will reduce the cost of housing materials. given that HPM has indicated in its application that they will be shipping lumber from the Pacific Northwest, which will incur substantial shipping costs. Again. we are asking the Planning Commission to examine each team's assertions, and whether this is even an appropriate site to have such a manufacturing plant, given that it's on ag land. We need to understand the economic community environmental impacts that this project will have on the surrounding communities. Thank you. Ms. Higuchi Sayegusa: Next registered speaker, Mark Williamson. Speaker Mark Williamson: Hi there, my name is Mark Williamson, I’m a full-time resident on Kaua`i. Approximately a year and a half ago I moved to Po`ipu `Āina Estates, mainly due to the fact that it’s a rural, agricultural zone area, which appealed to me. My family comes from an agricultural community of farmers and when we bought the property, we knew it was designated as ag zone and for it to be now flipped for industrial purposes, see now that is, it’s not right. HPM has sent documents to us saying that it was for affordable housing. We think that’s, I’m asking for myself not for HOA or anyone else but I personally (inaudible). It’s not going to be used for affordable housing, if so, what percentage of their business has been communicated to you? If not, I consider it to be fraud in my opinion. And the other item is, has there been any environmental impact studies done? Maybe it has but to my knowledge there hasn’t so, I think that needs to be done. Especially, in lieu working on other developments in the area as far as…and what not. The other item is, this is a, potentially it looks like a bright circus tent, I don’t know if you’ve seen the Ringling, they said it may change color from a white to maybe blend it in. In essence, it’s a 40-foot tall, almost a 100 yards long circus tent. And it’s gonna wreck the view in that area. And the other item is, it’s very disconcerting is, we keep hearing that the sound will be (inaudible) on the back that was from the owner of HPM. What studies have been done to show what the actual sound was going to be that’ll impact us? You know we have kinds of facts and to me further investigations need to be done. And also, this tent, it’s open and the trade winds come out of the Northeast, and you know, we’re right at ground zero for this…our neighborhood, for some of us, if it escapes out, we’re told that it wouldn’t, but we haven’t seen any proof… Ms. Higuchi Sayegusa: Three minutes. Speaker Williamson: Ok. So, I’m on the personal opinion that I'm speaking just for myself that further investigation needs to be done on this. I realize and I, trust me, my family came from a median background and I’m not trying to take anyone’s job away from them, but this is not the right place especially in an ag zoned area because there’s a factor and I welcome this. There's a family that's set up like a plot of land that they’re using for agriculture. (inaudible) harvest for but in my opinion, I think this, put the brakes on this, (inaudible) Thank you. Ms. Higuchi Sayegusa: Next registered speaker, Cal Santos(inaudible) Speaker Cal Santos: Aloha, this is my second time here. Anyway, I represent the union, Business Union Local 745, and you know my brotherhoods and sisterhoods over here, and I strongly oppose this project. Not just because of the location. So, if we got a crew of 8 framers, and they're doing prefab walls, it cuts our crew down to 3 men. and what are we seeing? $2.50 cents a square foot versus losing hundreds of jobs and careers that we created. I got 22 years in the Union. 8 years of trade school, 2 different trades. This is a really bad idea and a bad location. This location is one mile roughly from my house and you know I get to look at Ha`upu Mountain from my kitchen window every morning. You know, I love that view. This is gonna open up, you know, a can of worms. If they pass this project to be an industrial site, what happens next? They're gonna pass more and more projects We already cannot even go into Maha`ulepu. There's no beach access right now. I grew up on that beach. I used to camp on that beach, you know you guys pass this project. It's just gonna destroy the quality of life for everybody in that area. You know my family's been there from the 1930’s. You know my Hawaiian sides been there from a long before that. Uncle Billy knows. And you know, I said we needed to gather more information, but you know I think we should just shut this project down, and I’m gonna come here every single meeting with my soldiers and I’m gonna oppose every single project that you guys are gonna propose in that area especially Koloa. Thank you. Ms. Higuchi Sayegusa: Next registered speaker, Tanner Edmonds…Tanner Edmonds. Okay, next registered speaker, Leo Compass. Unknown male from audience: He had to go back to work. Ms. Higuchi Sayegusa: Next is Fernando Gutierrez Jr. Speaker Fernando Gutierrez Jr.: Aloha everybody, so I just to come and be, I’m against this project, the HPM project because first we all put in our time. Just like Cal, I get 2 different trades and I went to school for over 8 years. For me, all the time we put in and this kind of job we have, we are doing right now, is the only thing that mostly can provide for our family, being the economy is so high over here. It’s just 100’s of jobs going be taken away for something that’s going to provide 15, 20 jobs. You ask for a lot more homeless. You know a lot of people going lose their jobs, where we going go? Not to mention that the union, the benefits that provide for our family, you know, health, medical, vision, dental everything, all that going be lost for our kids, our kids going be left with nothing. You know so, just like Hawaiian was saying, we represent for the kids. This is our land. I was…my family goes back generation after generation, you know and we gotta look out for the kids that is coming up. If, you know, we go on and approve this project, I feel that a lot of people going be homeless, and we are going be, kids going be all on the beach, living on the beach, we already see that happening already, you know. I get friends that they just cannot live here anymore. They got to move to the mainland because they cannot provide. There’s no way that 2 parents with full-time jobs, get hard time provide for their children now, you know. And you know, like I said, we work hard for where we at right now. We put in our time, and I think that time really matters. Thank you. Ms. Higuchi Sayegusa: Next registered speaker, Alfred Danog Jr. (inaudible). Ms. Higuchi Sayegusa: Terry Hayes. Speaker Terry Hayes: Would you let Rupert go before me please? He’s 2 below me. Thank you. Ms. Higuchi Sayegusa: Rupert. Speaker Terry Hayes: Thank you. Speaker Rupert Rowe: Morning, my name is Rupert Rowe. I testified in front the land use commission in this area. We stopped the zoning changes. We had critical things that took place in 2008. It was a drainage plan that was never put in place. Sorry about that, I guess I’m important they are calling me. Anyway, the drainage plan, the rubbish plans the community recreational areas. It's just a whole big mask with no answer and I think a class action suit should be levied against the planning department because all the rubbish that is being generated, it is being placed on Hawaiian homelands, and the State has never put the Hawaiian people on top these lands. But the County and the State is putting the garbage on these homelands. Garbage on this island, from Statehood to this day has never been corrected. Now we are looking in the future. How do we remove the first 65 years of garbage? We have another 65 years, that don’t have an answer. But we have a process. So, some of the speakers I kinda notice when they ask, it sounds racist. When they ask, how many of you are Hawaiian? Our lives and our people depend on your decisions. The ka`naka doesn’t have that input. The ka`naka doesn’t have that input to protect its assets. The State will never protect the ka`naka, the whole thing about Statehood was colonization. So now, when you have all these developers, coming in spending all this money, and this Planning Department and State and County. Why is Hawaiian homelands a commodity to dump garbage for the private sector? I asked you folks all that when you pass all these zoning. Why is Hawaiian homelands a garbage pile? Why don't you put all the rubbish on Knudsen A&B, Grove Farm? Ms. Higuchi Sayegusa: Three minutes. Speaker Rupert Rowe: You know, they create the garbage. But the ka`naka, he’s the homeless guy on the beach without a home and you guys all drive up and down looking at that, as sad. For me, I feel for them. I’m 80 years old, I look back at our people and I look ahead for our people. We have nothing in common. They all come here and dump their garbage; we live in the garbage. This island is called the Garden Island, but we turned it around and called it the garbage island. Where is the answer for the garbage that will be created, on all of the developments on this island? My last comment will be, if the island is only 28 miles in a circle, 2 (inaudible)… Ms. Higuchi Sayegusa: Four minutes. Speaker Rupert Rowe: …of this island is not acceptable to take people, so how many people the island can handle in the future? The main question is growth. What is the growth? Do you folks have an answer? Now I sound like one old man, grumbling but the issue is, garbage, there is no answer for this garbage. That is the highest priority right now. Not about building houses, not about tourism. Let's think about our people, and the garbage that we all create from this office right here, this commission. That's all I get to say. Ms. Higuchi Sayegusa: Next registered speaker, Terry Hayes. Speaker Terry Hayes: Aloha, mahalo, Terry Hayes for the record. Speaking again, I would like to further address, SHPD. Yesterday I had a lengthy conversation with Dr. Allen Downer. After speaking to Susan Lebo, who is our…I have a report here from her that I wanted to share with you actually. and Dr. Downer was not familiar with this HPM. And he has a pretty good memory, and he said this was never brought before him and he suggested, I ask you, did you bring this for his review? For SHPDs review? Because he wasn't aware of it. He's aware of all the rest of the problems that we have. They were one of the ones, they were the ones that recommended the small fence to prevent big trucks from coming onto Hapa Trail. That now they want to remove, I understand and use as evacuation on Little Hapa trail. The magnitude of this we might be talking about one warehouse, but that's not what we're talking about. Not at all. This is this is the literal tip, of the iceberg. And if you've been to many of our environmental meetings that we have here, you know, we have issues, we have huge issues, with climate change, with sea level rise, with drainage, with rubbish, and we're kind of pounding it on you, because it doesn't seem like anybody really, nobody wants to look at it. But we live in Po`ipu, every time it rains my street floods to the point, we cannot get out now if once in a…and on my street, by the way, there are 22 vacation rentals. Aunty Cynthia is my aunt, who’s (inaudible) kupuna. She helps with the renting of them. She knows all about it she's watched her own homeland get taken away. They've worked long and hard to preserve what they have there, and so have we. And as stewards of Kāneiʻolouma, I’m mortified that this is again before you, after it's like we're meeting a dead horse. If you want to know the truth, I mean we discussed this, we proven it. Now, what I was told by public works, is that SHPD has to have due diligence, and if SHPD isn't available or allowed to do their work, then what are you pushing so fast to have this done for? What is so important? We have lots of construction workers that can help with work that needs to be done for people, we don't need…and these trusses or whatever they're called, trust me, trust me where the trusses are going, they're gonna go right over to Pinkston’s property. It's the closest proximity. For all I know they're going to try to use Hapa trail for that. It's close that's what Good Fellow Brothers wanted to do when Knudsen… Ms. Higuchi Sayegusa: Three minutes. Speaker Terry Hayes: …property wanted 500 homes on this property and the drainage was coming into Kāneiʻolouma. Our then Councilman for Fafaro, read, am I reading this correctly? Is what he said at a council meeting, that your intention is to put your drainage into Kāneiʻolouma? The State historical site which we have done an incredible amount of work for, and fought diligently to keep it what it is, and we have plenty more work to do. Water, returning to the owai is one of them. Now, when you start messing up all the areas between that that will never happen. Dr. Hammett is in possession of ground penetrating radar. If I could be so bold, as to make a suggestion, have him come and do the radar and find out what’s under all of this. Because when you have years and years of chain, cultivation, and all that, things have been buried over and covered, how do they know? And when they send out their archaeologists to kick the rocks and do a field study, I mean even Missy Kamai, who I know dearly… Ms. Higuchi Sayegusa: Three minutes. Speaker Terry Hayes: …and appreciate her work has said that what they have done was not the required archaeological or biological. Now the other thing I understand is that they're advisory to you. Well, Aha Moku, which Billy is now the po`o for our island. Governor appointed, is working on this. We have referred this to them. The fiscal year begins July 1st. I am imploring you to not make any action on this until they can do the work they need to do. OHA has this in their preview, and we have testified on their behalf. There are organizations that are here that you need to respect the opinions of, and they need to give you input before you can make such a devastating, oh, we're gonna just change the ag land to accommodate some, whoever he is that wants to exploit money for no benefit for anybody that lives in our community. Nobody can afford to live there anymore. Trust me, this is a… Ms. Higuchi Sayegusa: Four minutes. Speaker Terry Hayes: …huge deal that you are just seeing the tip of the iceberg and waiting isn’t gonna hurt HPM, it won’t hurt you but if you don’t wait, it could destroy us. And I'm waiting, I’m requesting that you table this until we determine the case. We have archeological inventory from SHPD that's related to the Maha‘ulepu Ahupua‘a that was done by Susan Lebo, and she's well aware of it. The dairy was a huge deal which got stopped because it wasn't right for there either. And 2 wrongs don't make a right. The dairy wasn’t correct, this is not correct, Pinkston isn't correct. It all goes together. It has nothing. The dairy never planned to make any jobs for anybody, really. And then they're out I mean that was the craziest. Well, that was another developer let's be honest, Pierre Omidyar. Let’s call this what it is. It's big money coming to Kaua`i to exploit our home, their whole life… Ms. Higuchi Sayegusa: Seven minutes. Speaker Terry Hayes: … you're ruining the culture it's on your shoulders. Please do the right thing. Postpone any decision until you can get information that you need to make an intelligent qualified decision on this. That's what I’m requesting, and I thank you very much for your time. Ms. Higuchi Sayegusa: Next registered speaker, Llewellyn Kaohelauli`i. Speaker Llewellyn Kaohelauli`i: Aloha, my name is Llewellyn Kaohelauli`i. (inaudible) for Weliweli Ahupua‘a, I’m the hui for Kāneiʻolouma and Manokalanipō. I’m against all this development coming down in Po`ipu area. I see it all. Nothing was there, now everything is there. First move they made; they moved the road. They moved the road from the beach area to on top, inland. When they had done that, they move all the hotels in the front, on the beach line. That was a mistake. Now, how they do all this development, they are stealing all the rocks. As why they get all this development and that’s ka`naka land. How can we…we get plenty Hawaiians no more their house. How come we no can put them on there, on the (inaudible) land? Well, I’m against all these projects, I’m against all the buildings that they are going build because it’s not for the people of Kaua`i. It’s for development, it’s for money. We don’t have the money. I don’t think we should put all this development in Hawaii. This is a beautiful place. Everybody like come Hawaii. We are going ruin um. It’s not Hawaii anymore. I against all this projects. I against all the ones that going by, close to the ocean because it’s going to impact the water. It’s going to ruin all our fish. So, I was you guys, I would…I’m against all this projects they are putting out down there. This only the beginning as why they are building this. This trusses for build all these big hotels. Right in Po`ipu they are going build um, not, not…Kukui`ula Development, as million dollars. You are talking about 10 million dollars. Das where all the rocks, everything going over there. Our water. They are diverting all our water over there. And we been fighting for our water for how long. We, the people own that water, not everybody else. The people own the water. How you guys allow that? Anybody comes in, they take little bit water outta the river… Ms. Higuchi Sayegusa: Three minutes. Speaker Llewellyn Kaohelauli`i: … they sell our water. How they allow that? The people live here all their lives, watch everybody come in just take, take take. What is that? You get money, you can have um, you no more money, stay on the side. Anyway, thank you guys. You know, I’m against all the development, I’m against all the …look Po`ipu, it’s so packed! You cannot park your car. People walking all over the road! And if as little bit dark, you bang um. They all are walking all over the road and then, just to go to the beach they are parking right on the road. No more room, no more room for park. You look the tents all over the beach. No more room for park. So, why we are going build this pandemic… (Ms. Higuchi Sayegusa: Four minutes. Speaker Llewellyn Kaohelauli`i: …time. Neva has nobody here pandemic. All these hotels and all these condos, my friends bought 5 or 6 condos, they couldn’t rent um, they took a lost. I tell um, why, why you buy that? It’s not ka`naka land, you gotta pay, you gotta pay more. Thank you, you, guys. Sorry, I’m against all these projects. I’m against all the big timers coming in. They probably going bring guns next time. Thank you. Aloha. Ms. Higuchi Sayegusa: Next registered speaker, Michael McDermott. Unknown male from audience: He had to leave. Ms. Higuchi Sayegusa: Christopher M. Torcato. Unknown male from audience: Oh, he left. Ms. Higuchi Sayegusa: Next registered speaker, Keli`i Kaʻiminaʻauao. Unknown male from audience: He left too. He had to go back to work. Ms. Higuchi Sayegusa: Max Kimura. Speaker Max Kimura: Aloha, Kaua`i Commission and Kaua`i County, I’m Max Kimura. I’m an attorney from Honolulu but please don’t hold that against me. And I’m going to take off my mask momentarily and smile at you to let you know that I sincerely come with aloha from Oahu. I represent the community association of Po`ipu Aina Estates, it’s directly adjacent to the lot that HPM building supply tends to fill up their giant construction, manufacturing facility. The closest home is within a third mile of that proposed giant facility. Okay, so we filed a partition to intervene in this matter, and it was denied on procedural technicalities… Ms. Higuchi Sayegusa: Just to clarify, the agenda and what was amended, is to formally recognize you folks, to have an opportunity for you folks to make argument on the petition (that you made). Speaker Max Kimura: Oh. Ms. Higuchi Sayegusa: So, that was the recent amendment. Which is to place it on the agenda, you folks would have an opportunity to argue. Speaker Max Kimura: Okay. Ms. Higuchi Sayegusa: Following testimony. Speaker Max Kimura: Following testimony. Okay, thank you very much. Okay, at this point and time, as it stands. I’ve been listening to these public hearings and there’s a lot of controversy., regarding, not just HPM building supply but the developments on Koloa. You know, there’s talks about the micro blasting, the lack of transparency, lack of environmental statements, investigations, and especially the desecration of Hawaiian, native Hawaiian sacred lands and artifacts that’s there in Koloa and it’s really surprising and I must say that, you know, we cannot just rubber-stamp this permit that HPM is submitting. That we need to ask hard questions and really analyze what they plan to do, and why they intend to do it. You know, when I read each HPM’s application you know I'm really taken a back here, you know that and that's why you know I'm also asking for contested hearing of this matter. You know it’s not reasonable what HPM is proposing first of all, like people said they had to do. You know, industrial work on agricultural land you know that's agriculture that designated by the county, by the State, and you know they try to such as that oh, we can have agricultural related projects on that land such as growing trees you know, trees for timber. You know. that is just smoke in mirrors they are not growing any trees on Oahu, they're not going any trees on the Big Island, you know, t's purely industrial. you know there… Ms. Higuchi Sayegusa: Three minutes. Speaker Max Kimura: …excuse me, and also, we'll speak about the Koloa developments so I would like additional time. So, as I was saying, they’re claiming now, this is gonna benefit affordable housing. I find that, you know truly this disingenuous. You know my understanding that the cost of trusses for a new house is under 2%. Now you tell me how HPM. by building trusses, and what have you on this large monstrosity facility is going to help with affordable housing on Kaua`i? I don't see it. You know I have a problem with the size of HPMs proposed industrial facility. You know it's 4 stories tall, 260 feet long, 150 feet wide. I mean that is just monstrosus, is that a word? It's a monstrosity, you know. Ms. Higuchi Sayegusa: Four minutes. Speaker Max Kimura: Okay, thank you. You know, there is a company already in Hawaii and Kaua`i, excuse me, who's building trusses for the majority of the projects on Kaua`i and they do it in a facility one-fourth the size and I don't know why HPM needs such a large facility. Also, the design of this project, it's an open tent how are they going to contain all the noise and pollution? And you know the sawdust and all the waste they're not, you know, the type of machine HPM uses on Oahu and on Big Island it produces a constant and incessant noise level of 120 decibels. That's the equivalent of a motorcycle, and you know when a motorcycle drives by your house, it's fine, it's occasional, it's rare but what HPM plans to do on their, this Koloa property is incessive like somebody else mentioned, it's from 6:30 a.m. to 4 p.m. Who wants the motorcycle roaring outside their house during…? Ms. Higuchi Sayegusa: Six minutes. Speaker Max Kimura: …that time? You know, another problem is, that I drove by this area and that Maha`ulepu Road is unpaved, it’s gravel, it’s not lined and it’s narrow. Now, these truss trucks require a large space. As, have you ever seen a truss truck deliver trusses to a home? You know, there’s a (inaudible) back, that says wide load, it’s a wide load. How are you gonna get truss trucks going back and forth up Maha`ulepu road? You know, as it is now, when two cars are going on Maha`ulepu road, they really have to accommodate each other and move to the side. Now how are you gonna do it with large truss trucks? So, that’s just the tip of the iceberg. Thank you for your time, you know. We’ll talk about this later, but you know my client, you know, has a substantive right to intervene in this matter, you know our client is..My law firm is working on an appeal right now to the circuit court on this matter. And you know, my client deserves the time to ask the hard questions of HPM. Thank you very much. Ms. Higuchi Sayegusa: Sorry and the agenda was clarified. These items were already provided to the commission, i.e., the petitions from PRP, and there was an opposition for HPM… The Commission recessed this portion of the meeting due to fire alarm alert at 12:26 p.m. The Commission reconvened this portion of the meeting at 12:45 p.m. Chair Cox: Call the meeting back to order after the recess. Ok, we are reconvening the Planning Commission meeting on the 14th, January 14th, sorry about the interruption. Ms. Higuchi Sayegusa: Sorry everybody, I was just in the middle of explaining that. The petitions to intervene from Pacific Resource Partnership, HPM (inaudible) opposition. The petition to intervene from the associate, the community members of the Po`ipu Aina Estates and the HPM’s (inaudible) opposition and also the community association (inaudible) filing to the petition to intervene were already submitted to the planning commission. We just wanted to make sure it was clarified and explicitly provide an opportunity on the agenda for that to be argued by all the parties on whether or not to admit the petitioners for intervention. So, that’s what was clarified in the amendment yesterday to provide additional opportunity, for that issue to be flushed out. With that I think we are still on public testifiers and registered speakers. The next registered speaker is Michael Kaohi. Unknown male from audience: I think he went back to work already. Ms. Higuchi Sayegusa: Okay. Next registered speaker is Patrick Tacata? Unknown male from audience: He went back to work also. Ms. Higuchi Sayegusa: Let’s see, did Benji or Ben… Unknown male from audience: He went back also, sorry. Ms. Higuchi Sayegusa: Okay. Thank for your folk’s patience and stamina at this point. Jonah Santos? Unknown male audience: He went back to work too. Ms. Higuchi Sayegusa: Okay. Kai? Unknown male audience: He also went back to work. Ms. Higuchi Sayegusa: Okay. Kat Clark? Speaker Kat Clark: Hi! Thanks for the opportunity to come and provide testimony. And I also want to thank you guys for your time. I know this has been a long day, and I think you just do this often, and I really appreciate you giving a public opportunity to chime in and to really consider what we have to say. I know there's been a lot of emotion and I think maybe one time I heard something about rudeness is just a fear of not getting what you want. I hope that everybody can feel that this isn't about being what we want. I think it's more, it's less about rudeness and more about the passion of hoping for good things to come in the future. And so, I just wanted to preface that before I tell you guys that I do oppose the h camp facility, and I just echo so many of the same sentiments that you've heard and I don't want to be the dead horse but you know I do fear that this is the beginning of a domino effect, providing a special use permit to HPM, to change quickly from agriculture to industrial usage, could open the door for so many things in that areas around the sugar mill. Now and then, it also just feels fishy, I think, to a lot of us being in workers and members of the community. And we have over 1,500 units of different development, luxury, type, housing, and condominiums proposed on the south shore alone, and those are all going in and then HPM is talking about affordable housing with their prefab panels. You've heard about how that could affect union jobs and union workers. I love affordable housing; I love the idea of it. My husband and I went to apply for a loan for a property in Kalaheo, hoping that we can split it up and develop it and sell it to local families. I’m an interior designer by trade and I love building beautiful homes, and why on earth aren’t there beautiful homes for the local people here being just, you know, showing up for people more and more. We didn't get the loan. Someday maybe it will be a miniature developer and we'll be able to get back to the community like I've always dreamed to be able to do. I don't see a affordable housing or workforce housing being shown anywhere on the south shore. How are the workers going to build these luxury units, and then where will they go? What will happen as their home prices skyrocket, and custom living skyrockets like, build us these beautiful luxury, multi-million-dollar properties and then good luck! You know what's going to happen? And so HPM promises affordability. Can they donate lands? Can they buy property and actually like, make affordable homes, or just they're going to give you the ingredients for the cake? It’s like, Safeway sells flour and sugar, but they don’t bake you a cake, well actually the bakery does bake. I’m just saying, they can talk about providing the materials, but the materials are one thing the land has to be there, the designation has to be there. The affordability has to be there. The availability has to be there. I don't know if you guys saw there's a lot up Akemama Road? It's like almost 3 acres around $200,000 they just lowered the price. I'm like Oh, my gosh it's on sale, it’s on clearance, right? It's like it's being sold from Ross', it's amazing! But I find out you have to go get a permit, Ms. Higuchi Sayegusa: Three minutes. Speaker Kat Clark: You have to apply for a permit to build. You first have to improve up Akemama road and on that side of Akemama and that side of the highway, it’s basically carved into a mountain side so you can't even build on that land till you pay yourself to improve that road. And that's the type of thing that the individual has to do. The individual has to go and apply for these permits very specifically. My sister's neighbor, in order to improve his house that was built in the 1970’s paid over a $100,000 to switch from a cesspool to a septic tank because that's the proper procedure individuals are given here, but then we see big developers and companies. Bless Jason Fujimoto, his family's heart for HPM Building supply for all these decades, all these generations, amazing! But are they getting special permission to get a special use permit? And then we have to do it step by step literally, if you want to build a house on Akemama Road, you have to fix Akemama Road, you pay for it. Ms. Higuchi Sayegusa: Four minutes. Speaker Kat Clark: But we do those things to because it we believe that these rules that were given, and these permits that we need to pull, we believe that they help everyone. They're to benefit everyone and protect everyone from corruption and things going south on Kaua`i. And then we don't see that like shown. and we don't see that display when someone has a lot of money and the development/developer can just pay a lot of money it just feels like they're side stepping the rules, and they're getting shortcuts. and all the while they’re waving a flag saying, affordable housing, affordable housing. But is that real where is it? Where is it? I don't know but I tell you something if I can get the loan, I will split the piece of property and I’ll make them beautiful because that's what I’m good at., I promise you that. I believe that we can do better. I really am so grateful for your time, and I see all of you listen to each and every testimony and that means so much to me, because feelings are a lot so thank you for hearing the words we say, and taking into account our feelings, and what we, what we're looking for. Thank you so much, and I just really appreciate it. Ms. Higuchi Sayegusa: Next speaker is Nicole Clark. Okay, with that I'm gonna turn it over to Myles and Marisa to handle all the conference call and Zoom attendees. Mr. Hironaka: Thank you, Jodi, currently, we don’t have anyone that has joined the meeting by phone. But we do have people that have attended the meeting by Zoom. There are specifically at least 2 people that were specifically waiting to testify on agenda item 2. So, what I would do is recognize attendee, C. Martin. I've enabled your audio and video what you need to do is click on join as panelist, start your video and unmute yourself. Speaker C. Martin: Hello and thanks for letting me speak. I’m going to keep this short. I know it’s been long, but I would just like to specifically request you vote no for authorizing these permits. HPM has promised jobs and low-income housing which we're all for, but this is the wrong spot, this is ag land. There are other better places located on the island that are already industrial. So, the good news is we can have both. HPM can supply their jobs and help with affordable housing, if that’s going to pass and we can, they can put it on industrial land and leave the ag land for agricultural and for our farmers. So, thank you for listening, and I appreciate your patience and consideration. Chair Cox: Thank you. Mr. Hironaka: Thank you. Next, we have zoom attendee Cox Fricke LLP. I've enabled your audio and video. Go ahead and start your video and unmute yourself. Zoom Attendee Cox Fricke, LLC: Good afternoon and Chair and Commissioners. Abby Holden, council for Pacific Resource Partnership. I'm here to address the agenda addition related to PRP is petitioned to intervene. So, I will reserve my comments and argument until we get to that portion of the agenda. Mr. Hironaka: Okay, thank you. Next, we have several other attendees that have raised their digital hand. Let me start with Tara Rojas. I’ve enabled your audio and video. What you need to do is click join as panelist. Start your video and unmute yourself. Zoom Attendee Tara Rojas: Okay, So Aloha, I’m Tara Rojas and again I’m going to go out on a limb and see if at this third time if my testimony, as well adding my testimony to those of others who have joined from the unions who have been there for their second third time speaking, you know, before you all, for those who have been attending these meetings for 10, 12, 20 years or more, just if it really makes a difference. So, regarding this HPM I’m gonna go out on a limb. I'm just gonna tell you all that took me was one or 2 testimonies to hear to realize what the right decision is it's an absolute a`ole, it's an absolute no. It doesn't take being on a commission, it doesn't take a degree, it doesn't take sitting in that seat to hear one another, and to hear that the community is saying no to this HPM. This building, which leads me to saying this, having been you know been a part of these testimonies on different islands for different issues, the wai, the `aina, outside corporations, developers, you know, astronomy, and seeing that everybody, everybody takes precedence over the people of this land. All of these rules in place right now. just you all there, being a part of this commission this board. This board and everything it's part of the history that stems from the 13 original illegal occupiers, these 13 businessmen that took over the islands. This place, our Queen, Lili`uokalani and having their generations after their legacy being in control or running these lands and allowing foreigners with big money to come and buy and control and to rule these islands, which we're gonna stop it's time to stand up and stop and say no to make the correction. So, if your rules I’m gonna say this now because if you have all these rules and all these designations is what I'm hearing, agriculture, urban, you have all these designations, why have them if seen through the history from the 1920’s or probably even before in Kaua`i alone to see these agricultural designated lands easily be turned over to urban, for who, for these developers. Why even have these designations if these designations can then be swayed by money? Why have them? Doesn't make any sense at all. It's tied into, if and by the way, if these 4 and a half hours is an inconvenience to you. and if that fire alarm really hit home for you. that Oh, they’re finally affected now Ms. Higuchi Sayegusa: Three minutes. Tara Rojas: Think about, no think about the kānaka maoli that have been feeling. and this affected this feeling for over 129 years going on 130 years. So, I wanna say this, if after these 4 hours it's just another business day, oh, my goodness, it went so long, you know what I will stay here, however long need to be until it's heard the people's voices are heard, the community is heard. you work for the people you don’t work for these developers. You don't work for the person who has the most money you work for the community. You have these laws, and rules in place follow them, listen to the people. Listen to your na`au, your gut, your instinct to do what's right and I’ll just end with this. If you Ms. Higuchi Sayegusa: Four minutes. Tara Rojas: Had to leave the building, no with this fire alarm. Can you imagine if the room was tapped and it was a real emergency, the panic and chaos it would create? And that's what people are telling you right now. There's only one road in, one road out. It's already over developed. You as a planning committee should stop that, deny any further development because that's what's gonna happen if any other, you know, a natural disaster happens, and people need to evacuate quickly. People are already saying, can I even drive on the road, can I even park, nowhere to park, and where all the rubbish is going? All these designations, all this racial discrimination still happening in Hawai`i in 2022. Please do your jobs, and if you are not fit to even stop and listen to once one item, this HPM or Kukui`ula, whatever, just to stop and deny and halt everything. If you can't even do that right now, and you're just gonna aye, aye, aye, aye, aye, ratify pass everything, then… Ms. Higuchi Sayegusa: Five minutes. Tara Rojas: Please, please, please, step down. Mahalo. Chair Cox: Thank you. Mr. Hironaka: Next, we have Kulanui Perez. So, we’ve enabled your audio and video, you need to click on join as panelist. Start your video and unmute yourself. Okay, go ahead. Zoom Attendee Kulanui Perez: Aloha, so I just wanted to add on to another wahine who testified in person on the same agenda for agenda 2. I personally would be against this. I think after everyone's testimony, you guys should also be voting no. So, what she was testifying on was the potential use of Hapa trail for evacuation purposes or for the purposes of the large truss trucks, using that instead of the main narrow roads. And I just wanted to be like reiterate for my testimony earlier that there is, in fact, holes along Hapa Trail because of blasting from another development. So, I want us to stop acting in these hearings, as if these developments are all individualistic issues when they are all part of a big, of one big problem. These are not individualistic it's very haole to be acting like these issues are all individualistic, when it serves a greater larger problem, and that is the over development that it's obstructing this land and that is making these lands structurally, just unstable. If you look at the roundabout by the Kukui`ula shopping center, there is a sink hole already there, it's been there for years, ever since it was built it's been constantly sinking in. And again, if you go on Hapa Trail, because where the holes are placed, they are on the width of Hapa Trail and we've tested how far it goes, and you can't even hear where it ends. We've stuck sticks into it you cannot feel the bottom of it. It is the top of a lava tube, and there are holes in it. So, the next time we have a huge flood run through, we don't know it just might fall through when people are trying to use it, you cannot use that as an evacuation safety plan. You can't remove the rocks that are currently blocking the trail. You can't have large trucks going over it is structurally unsound. It is unfit to be used for any vehicles or for any evacuation plan. And I want that to be heard here and have that on record. When you guys make these decisions, and you think that Hapa Trail is going to be a viable option, when it is not, it is unsafe for people. It can cause many deaths within the community; do you guys think you're going to use that? And I just want that to conclude my testimony. Chair Cox: Thank you. Mr. Hironaka: Thank you. Jodi, I think that's all that we have, as far as, those that. Well, why don’t we do this, let's make our last call for those that are attendees on Zoom if you have not had a chance to speak on agenda 2, please raise your digital hand. Seeing none. Jodi, I’ll return the meeting back to you. Ms. Higuchi Sayegusa: Okay. So, I just wanted to go through a final call for anybody that one wants to provide testimony at this time on the (inaudible) agenda 2. Are you stating you’re representing the HPM? Speaker Mauna Kea Trask: Yeah, I just thought if Max got to talk… Ms. Higuchi Sayegusa: He’s not a party at this point, he’s in the back. Yeah…I think when we reach the matter then you'll be able to have opportunity for presentation. Speaker Mauna Kea Trask: Thank you. I just want to address some inaccuracies, but I’ll do that later. Continued Agency Hearing CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT (SP-2022-1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along the eastern side of Ala Kinoiki, approximately 3,300 feet west of the Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key: 2-9-001:001, and affecting a 3-acre portion of a larger parcel= HPM Building Supply [Director’s report received 4/28/2022, New Agency Hearing on 5/10/2022, Continued Agency Hearing 5/24/2022.]. Ms. Higuchi Sayegusa: Okay, thank you. Chair…Right, so we're on item F-1, a., Class IV Zoning Permit. I’m sorry this is a continued agency hearing for, CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT {U-2022-8) and SPECIAL PERMIT (SP-2022-1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along the eastern side of Ala Kinoiki, approximately 3,300 feet west of the Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key: 2-9- 001:001, and affecting a 3-acre portion of a larger parcel = HPM BUILDING SUPPLY. EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes Sections 92-4 and 92-5(a)4), the purpose of the executive session is to consult with the Count’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 the following matters. Chair Cox: I think this might be an appropriate time actually to go into executive session. But also, they provide that with a lunch break, so that we do come off faster. So, the executive session would be, first of all we need a motion. Mr. Ako: I so move that we move into executive session. Ms. Otsuka: Second. Chair Cox: And this executive session would be, 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 the following matters: CLASS IV ZONING PERMIT (Z-IV- 2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT (SP-2022-1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in K6Ioa, along the eastern side of Ala Kinoiki, approximately 3,300 feet west of the Weliweli Road/ Ala Kinoiki intersection, further identified as Tax Map Key: 2-9- 001:001, and affecting a 3-acre portion of a larger parcel = HPM BUILDING SUPPLY. Chair Cox: We need to take a roll call. Ms. Higuchi Sayegusa: Sure. Chair Cox: Into executive session. Unknown Female from audience: Chair, on the item, agenda item, we could maybe add one thing of correction. There are residences, 100 yards from that site that's gonna have HPM and the Saint Raphael's church, and all the residents around it are about 1,200. So, using Weliweli, the 3,000 through Weliweli is a far point. It doesn’t properly (inaudible) the residences actually close to the site. Ms. Higuchi Sayegusa: Okay, and just for the sake of you know, describing the subject matter that will be discussed. That's noted we also. It does provide a lot of details to at least minimally inform the public on the subject matter (inaudible). Unknown male from audience: On that point, Weliweli Road that’s being referred to, is the one that intersects Ala Kinoiki by Maha`ulepu, it’s not Weliweli track, It’s Weliweli Road (inaudible). Coming off of St. Raphael’s Church across. Ms. Higuchi Sayegusa: Right. And there’s a lot of materials in in the record, as you pointed out. There's a huge vast amount of filings for changes to the subject that could all pertain to this item. So, I think there's been an ample amount of items to describe and depict what's being discussed on the agenda today. But in any case, I think we have the motion and second on the floor for executive session. I’ll go through the roll call vote. Ms. Higuchi-Sayegusa: Commissioner Ako? Commissioner Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Commissioner Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Commissioner Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Motion passes 4:0. We just need to determine how long, (Inaudible discussion between Chair Cox, County Attorney Matthew Bracken and Jodi Higuchi Sayegusa) Ms. Higuchi Sayegusa: Okay, so probably about a half an hour break. Resuming around 1:30, I’m sorry 1:40. The Commission moved into Executive Session at 1:10 p.m. The Commission returned to Open Session at 1:48 p.m. Chair Cox: Call the meeting back to order after Executive Session. Okay, we are reconvening the Planning Commission Meeting of June 14th. Thanks for everyone's patience. Ms. Higuchi Sayegusa: Okay, yes, I believe we are on right on item F 1, a. I. Chair Cox: Yes. So, we’re at the point, where, as you heard earlier. We have 2 petitions to intervene, and so what we will do is, what we will do is hear from each intervener, one at a time. So, we will hear from, let’s see I guess we can do (inaudible) first, and then HPM will have a chance to respond, and each party will have 5 minutes to speak. Then we'll move on later to the other Po`ipu `Aina intervention and have the same proceedings. So, 5 minutes for Po`ipu `Aina and then 5 minutes for HPM to respond. So, let's begin with the first petition for intervention. County Attorney Matthew Bracken: Which is Pacific Resource Partnership. Chair Cox: Yes. Unidentified male: Our attorney is on Zoom. Chair Cox: Okay, thank you. Ms. Higuchi Sayegusa: Let’s give them a moment to coordinate. Abby Holden of Cox Fricke, LLC: Good afternoon, Chair, Commissioners. Just a matter of a point of practice. Can I reserve any of my time for rebuttal? Chair Cox: We’re not having any rebuttal period. Abby Holden of Cox Fricke, LLC: Okay, thank you. I stepped forth in our petition, in PRP’s petition. PRP’s motion is to promote a vibrant economy to create jobs and enhance the quality of life for all residents of Hawaii. Over the last 3 different hearing dates, we've all sat here and listened to, much, much testimony, you know, with a lot of emotion from both sides, expressing a common ground of, you know, a concern for jobs, affordable housing and appropriate development. PRP stands with those testimony. I think we can all agree here that those concerns are paramount and PRP also believes that those concerns are paramount; and it is with those concerns, and in that regard that the assertions by HPM, in its application warrant further study. HPM's claims regarding including, but not limited to, its claims that it will create jobs, that it will assist affordable housing, and that its development is appropriate and land that is zoned for agricultural purposes need to be further examined. Every person providing testimony for HPM written and oral as well as HPM's application itself, focus on how it will support the Kaua`i general plan related to the creation of affordable housing. There's been absolutely no evidence in any of that testimony in the application itself that this industrial manufacturing plant will support affordable housing. It's a bare assertion completely without any evidence. And the Commission and the community members are concerned, should be concerned about that, and we should see what kind of evidence HPM has that this industrial manufacturing plant on agricultural land will support affordable housing. In that same, and I think you know the issue is that you know cost of materials is one issue and we frankly we don't have any information any evidence that HPM, actually can produce things at a lesser cost. But housing costs are, you know, made up of many different things that include the cost of materials. So, even if HPM, which we don't have any evidence of but even if HPM is able to produce housing materials at a lower cost, is that going to benefit your average person your average family in Kaua`i who's trying to build a home? Or is that just going to be additional profits for HPM and the developers? The market is still going to drive an impact that housing costs and how housing is sold. So, these are things that really need to be developed, and there needs to be a record created. HPM needs to come forward with evidence to show that they should be allowed to obtain the permits that they're requesting. Based on these assertions and these assertions: that support the Kaua`i general plan. In the same regard, the assertions that HPM will create jobs with their industrial manufacturing plant needs to be further evaluated. I think there was testimony today from a gentleman who's a Union carpenter that indicated that the use of prefab housing walls will cut down the amount of people that are needed by over half, so you know. Are we sort of robbing Peter, you know, to pay Paul here with regard to the creation of jobs? This is another thing that needs to be carefully evaluated, as it applies to the Kaua`i general plan. There's been other concerns that have been raised I think continuously, and these 3 days of hearings, as well as in the application related to whether the appropriate environmental studies have been completed and this is all within our application, our petition, excuse me, as well as the environmental and cultural issues that abound. Also, there is the issue again set forth in our petition related to whether the permits are appropriate. Given the fact that a boundary amendment, whether or not the special permit is appropriate. Given the fact that this is a use of agricultural land not supported by law, and whether a boundary amendment might be more appropriate. I'm turning just to the legal issues specifically regarding PRP’s standing as set forth in our petition. PRP has both organizational and associational standing in as much as its interests, and the interest of its members will be directly. Ms. Higuchi Sayegusa: 5 minutes. Abby Holden of Cox Fricke, LLC: Thank you. Chair Cox: I do have a follow up question, and that is, could you just spend a minute, and we will extend the other side of time appropriately. But could you spend a minute talking about why you have, like, what you have its good cause for the lateness of your intervention? Abby Holden of Cox Fricke, LLC: Yes, thank you so much. I was, I was getting to that. So, thank you for the opportunity to address that, so the good cause for our late filing is specifically addressed in our petition and also relates to the fact that under the commission's rules, the petition is required to be filed for intervention 7 days before the hearing, but under chapter 91 and chapter 92 only 6 days is needed for the notice to be given of the hearing and so, frankly PRP was like, unaware of the specific allegations within the application, and even more importantly, within the director's report that sort of adopts those unsupported allegations related to housing and jobs. So, PRP has a concern regarding whether the commission's rules related to the deadline for filing the petition actually comport with chapter 91 and 92. And in that regard also there was no delay. There was no specific bad faith. Delay on the part of PRP, and under the good cause that's one of the elements under the good cause standard and I think one of the most important issues here is now we're almost 6 weeks away from when PRP filed its petition to intervene. HPM has had the opportunity and has provided a fulsome opposition to our petition to intervene, and there really can be no argument that there's been any prejudice at this point to HPM with regard to our petition, so given the fact that the amount of time that has passed which means the filing of the petition and HPM's opposition. It would really be putting forward over substance to suggest that PRP didn't have good cause, when it was only a couple days after the deadline and now 6 weeks have passed. Chair Cox: Thank you. Any concerns or questions from the other commissioners at this point or we turn to HPM? SO, we're gonna move to HPM at this point, and how long do they have? Ms. Higuchi Sayegusa: That was five minutes, with two minutes as addition. Chair Cox: So, you have seven minutes. Go ahead. Mr. Mauna Kea Trask: Thank you. Aloha, Chair and members of the (inaudible) planning commission. Mauna Kea Trask on behalf of HPM. So, you know, PRP spent most of this time talking about the application itself, and that's what the agency hearing is, for, we're very happy to be here today to answer all your questions and show absolutely why it's appropriate for Special Permit, Use Permit Class IV Zoning permit in this case. However, we're talking about the integration that's what this is right now, and there's absolutely no good cons or excuse for PRP to have filed its petition for intervention so late. Now they talk about the agenda wasn't posted online until 6 days prior to the hearing. No, that's it's totally appropriate and legal as require but 92-7 that's when you're supposed to post the (inaudible) however, under county code and planning commission rule, you have to, it's not just the agenda, you gotta get public notice (inaudible). So, in this case on March 24, 2022, the public hearing notice. Not the agenda, but the public hearing, that actually tells the public, hey, we're gonna have a hearing on this day, was posted on the planning commission website. That's 47 days before the (inaudible), thereafter the planning department pursuing to rule published their public notice in the newspaper April 8, 2022, that's 32 days before (inaudible) thereafter HPM comply with its requirements, and gave neighborly notice all properties within 300 feet, as shown by the list at Real Property Tax, an affidavit has been filed to that effect. So, there's absolutely no reason, it's not late it was done really early, and negligence is not good cause and that’s a fact. How are you, that doesn't get you, and you cannot grant it, because of all its rule but putting that aside and addressing standing. This is what I want to talk about. PRP is not the benevolent organization that it pretends to be. I'm not saying they're bad, I'm just saying let's be honest. what is PRP? It is not a register nonprofit of the PCCA. It is unregistered (inaudible). If you look at online records of the State, you can't really tell who PRP is, but if you look up, PRP it's really interesting because there are newspaper stories. you can look on PRP’s website. What PRP is, is a special interest organization they put together at least 4 or 5 super packs in the past couple of years, and they pump untold amounts of money into political campaigns, and something to say, I’m not saying that's bad, that's allowed by citizens united, that's what they do. They did get tapped by campaign spending commission for violating campaign spending laws. They got sued by Cayetano for libel or slander, I always forget which one is which, with regard to the Caldwell/Cayetano mayoral election, they got fined 10’s of thousands if not 100’s of thousands by campaign spending, it’s in the opposition. They also supported, pro-development, anti- affordable housing and anti-environmental action in Hilo and Maui respectively. For example, they supported the Kumu Hole Development, which, took land out of the SMA. Included approval for 4 rezoning requests, I'm sorry, 8 zoning requests total for a project, including 900 timeshare units, 264 multi-family residential units and up to 25 single family residential lots. 140 units of workforce housing all on the makai side of Queen Ka`ahumanu highway, within the SMA and development include, crew private community centers, convenience retail center, golf support facilities, operational facility, public parks, recreational amenities and associate infrastructure. On Maui. they oppose a two-year moratorium, on new transient units under the Council and they also oppose, for some reason a bill on Maui that create an affordable housing wait list and shifted the qualifications process for the homes to the county department of housing or designated third party. I don't know why they were opposed to that, but they did. and what that goes through is I’m saying, it's not the shame it's just the truth but it in parts standing it addresses standing and they don't have organizational standing because they're not really an organization. They don’t exist. They may have clients, but none of those clients have been, you know. They talked about the Union. but that's a union dispute. If you have problems with, it's not a landing issue, it's a union issue. Go to (H?), wherever else you gotta go, go to the ledge, they go to the ledge (inaudible) but that’s not a planning commission issue. You’re here for a special permit. You’re looking at whether it's an unusual reasonable use specifically, and if it complies to use permit standards within the agricultural zone, and it does, but you can't bring union beefs here. I’m a big support of union personally, my family’s used the union, that’s not the issue. The issue is land use. Per your rule, you don’t get intervention if it inappropriately expends the breadth of the hearing and any issues (inaudible) that’s all we’ve ever heard about, and the ecology all that next window dressing is there's no trigger for EIS here, the Ka Pa`akai has been done. I can answer the rest of the questions, but Mr. Oliveira here to answer the safety ones. But everything else is a union dispute, and they talk about factory bill housing. This is wall panels and trusses. But if you look at the county code 8-1.4, F or G, nothing in the CZO shall prohibit the use of factory-built housing. I'm not saying we're doing that today but that's in the code. Okay, and the housing crisis is so dire right now. Anything else. They say we can't prove it habitat for humanity submitted their own testimony in support of this action. HPM is an instrumental in keeping prices down for Kaua`i habitat for humanity at levels that our low-income buyers can truly afford. HPM supports not only Kaua`i habitat, but also four habit affiliates in Hawaii. We sorely need competitive options for roof trusses, as well as option for streamliner efforts to the use of wall panels and other products for affordable residential construction. HPM is high ethical standards and Fujimoto family honors are community committed. That wasn’t…HPM did not have them come now and make representations that they were told to make that's from that. So, putting back to the issue, there's no excuse for the late filing, there's no good cause and they just don't have stand enough to type of the entity that gets standing in the so the wrong venue and you don't have jurisdiction to go ununionized. Ms. Higuchi Sayegusa: Seven minutes. Mr. Trask: Thank you. Chair Cox: Thank you. Question? If there are no questions or concerns from the Commissioners, then are we ready? Does somebody want to make a motion? Are we ready for that? Remember, we’re doing this one at a time, so we will also be giving Po`ipu `Aina a chance to give their… Mr. Ako: Chair, you think it’s appropriate to have a recess at this time? Chair Cox: Recess or Executive session? Mr. Ako: No, just a recess to try to… Chair Cox: To try to think? You want to think and digest? Mr. Ako: (Speaking while Chair Cox is speaking) what was just said. I think both sides being…very compelling arguments on both sides. So, to come to a decision, to be sitting over here and to make a decision that’s gonna impact one or the other, either way…I don’t know, maybe 5 minutes or so. Chair Cox: Okay, okay. Alright, we’ll take a 5-minute recess. Ms. Higuchi Sayegusa: So, approximately 2:11 p.m. The Commission recessed this portion of the meeting at 2:06 p.m. The Commission reconvened this portion of the meeting at 2:11 p.m. Chair Cox: Call the meeting back to order after the recess. Okay, we’re reconvening the Planning Commission session on June 14. I believe that there may be a motion coming. Ms. Otsuka: Yes, I would like to make a motion to go into Executive session. Ms. Higuchi Sayegusa: Sorry, excuse me, we’re back on record, if you folks can, thank you. Ms. Otsuka: Motion to go into Executive session (inaudible). Ms. Apisa: Second. Chair Cox: Okay, I believe that there’s a motion and a second to go into Executive session and it would be for: Class IV Zoning Permit (Z-IV-2022-8) Use Permit (U-2022-8) and Special Permit (SP-2022-1), to operate a construction materials manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along the eastern side of Ala Kinoiki, approximately 3,300 feet west of the Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key: 2-9-001:001, and affecting a 3-acre portion of a larger parcel= HPM BUILDING SUPPLY. (inaudible) Chair Cox: So, we need to take a vote. (inaudible) Ms. Higuchi Sayegusa: I can do a roll call vote. Commissioner Ako? Commissioner Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Commissioner Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Commissioner Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Ms. Higuchi Sayegusa: Motion passes 4:0. So, give about 5 or 10 minutes or so? 10 minutes, okay. Chair Cox: Thank you. The Commission moved into Executive Session at 2:14 p.m. The Commission returned to Open Session at 2:34 p.m. Chair Cox: Call the meeting back to order after Executive Session. Now we are reconvening the Planning Commission on June 14. We’re on F1.a.1. Ms. Apisa: After much mental debate in my mind, back and forth, I’m ready to make a motion. I make a motion to deny, Pacific Resource Partnership’s petition to intervene as untimely. Chair Cox: Do we have a second? Ms. Otsuka: I second. Chair Cox: So, it’s been moved and seconded, that the petition to intervene by Pacific Resource Partnership has been moved and seconded. There will now be a discussion. Ms. Apisa: Well, I guess since I made the motion, I would just say that I didn’t feel it was a compelling reason for the request. Ms. Otsuka: I did not feel that there was good cause for the tardiness and Mr. Trask made excellent points of giving us exact dates of how early that it was posted and announced. Chair Cox: Any other comments? Yes, Gerald. Mr. Ako: Madam Chair, I’ll add my 2-cents. I think when we entered into this part of the discussion here, the whole issue was about intervention and whether it should be a intervention or end this. I think the big elephant in the room was about the timeliness issue. I think parties were questioning whether they were timely or not and I’m not sure whether that question was even answered at certain times. It kind of gives this blockage for me in terms of whether I should cast my vote to allow them to intervene or not. And yet, this morning when I heard so many voices come out to speak on behalf, I guess I’m gonna say, on behalf of PRP group over here, that it’s hard for me to say that, you know, these people are not gonna get their voice. So, I think because of that, man I really believe the people need to have a voice and I think if the vote comes up right now, I think I would be voting no. Chair Cox: No? It would be no for the intervention? Or no? Mr. Ako: No. No against the motion. Chair Cox: No, against the motion okay. I think I just want to clarify that if we choose to vote against the intervention, so if the motion passes, that we have on the table right now. That does not necessarily mean that the voices, that you’re concerned about, Gerald, and that I’m also concerned about, will not be heard. Because they could be heard, either if the other intervention petition passes or if either petitions is granted then we still have the opportunity to ask whatever clarifications we need from the applicant and from anyone who we need to have more information from. Mr. Ako: (inaudible) Ms. Apisa: My understanding is that this still goes forward, there’s still opportunities. The voices are heard, and they will continue to be heard. Today’s thing was simple about intervention. Mr. Ako: Alright, yeah. (inaudible) I’m coming from the place where, if I am Po`ipu `Aina Estates… Ms. Otsuka: We not talking about Po`ipu. (Multiple people speaking) Ms. Higuchi Sayegusa: So, right now we’re still on Pacific Resource’s… Mr. Ako: Yeah, okay. I guess I’m theorizing now. Ms. Higuchi Sayegusa: Okay. Mr. Ako: If there is a Po`ipu `Aina intervener there? I think their interest goes into one direction. I’m not sure if their direction would be in line with those that spoke up this morning, as well as the other sessions that we have had. That’s why I think that somehow, in their, whether their voices might be diluted, it may come up, but it might be diluted in certain ways. That’s why I think they need to have an advocate out there, just to give them the voice and to give all parties to be able to come together at some point in time. Cause I really believe the parties need to come together because I think they all going in that same direction. They all trying to do the same thing, in my mind. The housing, whether it be for affordable housing or rather it be for the high-end housing. Both parties, no matter to me, how you look at it, are trying to make a better Kaua`i. I’m just looking at it in a different way and I just think that if the more people can get together, together at one party there and somehow maybe hopefully during that process sometime have some kind of discussions that they can all work out something, cause having to go through all parties. (inaudible) that is the hope. Just to bring everybody together. That’s for me, anyway. Ms. Apisa: I think that’s a wonderful thought, but I guess I got lost in how that applies to the intervention. Mr. Ako: Yes, because I think once we deny somebody to be interveners, then they lose their voice. And once you lose your voice, as much as it may come up, it might be diluted, and once it’s diluted, then the parties really don’t come together, to come to some kind of (amicable??) solution. Because if you cannot come out to an amicable solution by the 2 parties together, then I think going be pretty clear in my mind. Somebody going win and somebody going lose. I think it moves in my mind whether that makes us up that are Kaua`i or not. Because somebody going win and somebody going lose. So, hopefully in my mind it’s a matter of getting parties together and whether it’s a decision by a hearings officer or somehow along the way they can come to some kind of amicable agreement between them. Then I think we all win, if not in my mind, somebody going win and somebody going lose and who it’s going to be, I don’t know who it’s gonna be. Chair Cox: I guess for me I don’t see the, I don’t see the denying of the petition as necessarily leading to an outcome like you were talking about. Because to me, the petition question is, does PRP have standing and were they timely… ??: And good cause. Chair Cox: Yeah, good cause for their untimeliness. Which is to me a different issue, then are we going to listen to voices that are passionate and concerned and have very real issues that need to be sorted out, and I agree, you do need to help the other. We need to get to the bottom of those issues. We need to hear people and find out, because a lot of times when something like this shows up, turns out, that there’s a lot of misunderstanding on both sides and what we’re here to do, is help get us through that. But I guess I just don’t see the intervention petition as being the only way to do that. That for me, it’s almost giving the intervener, a power that people should have rather than the organization. Ms. Otsuka: We got to focus on what’s at hand. Ms. Apisa: If the intervention is denied, my understanding is that it still goes forward. It still, this isn’t a decision. (inaudible) all make a decision, this is just, was the intervention timely and did they give just cause for reason for that. That’s all we’re voting on today. It still goes forward. Mr. Ako: Right. Ms. Apisa: Voices are heard. Ms. Higuchi Sayegusa: (inaudible) to our Planning Attorney. Can we get clarification, what happens should…? Mr. Bracken: So, we have 4 commissioners here today and that is a majority, so we need a majority vote. So, if the vote fails, you are potentially looking at another meeting, a special meeting to figure out this matter again. Ms. Higuchi Sayegusa: Would they be able to lodge a new motion? Mr. Bracken: A new motion, you could. Another motion could be made. I’m saying, ultimately the motion fails, if there’s a split at the end of the day and no agreement, then we have to do a special meeting on this again. If this motion fails, another one motion can be made after that. But we could do (inaudible) all commissioners (inaudible). Ms. Apisa: So, what happens if the motion passes? Mr. Bracken: If the motion passes, you move on to the next. (Multiple people speaking) Ms. Apisa: To the next intervention? Mr. Bracken: Right. Ms. Apisa: What goes on beyond today? Ms. Higuchi Sayegusa: Just to further color what’s the situation today. Pursuant to the CZO, there are deadlines that we may run up against. I.e., the automatic approval of the zoning permits, and that’s 60 days from the acceptance of the application. That time runs on June 25, 2022. Just for your folks’ background knowledge. If this matter, the matter of intervention related to PRP is not decided upon, we are looking at a special meeting, if we are able to convene one, and if not, our next meeting is going to be June 28. In which case, we may be faced with an automatic approval for the permits. Chair Cox: Which is one thing we all agree, we don’t want. Because we want this. Mr. Ako: If we still have a special meeting on this, my guess is there is still going to be 4 people here. Ms. Otsuka: Yep, and yours is still the same. Mr. Ako: I’m not sure about a different motion we could make. Chair Cox: It has to be a yes or no. Mr. Ako: (inaudible). Ms. Apisa: Hung jury. Chair Cox: So, if for some reason, is the timing that we just talked about, is that just for the intervention or is that for the whole thing? Ms. Higuchi Sayegusa: That’s for the permit. Chair Cox: That’s what I thought. Ms. Higuchi Sayegusa: The department Chair Cox: So, we actually have to get all the way through there by the 25th. Ms. Higuchi Sayegusa: Yes, but I should clarify, a contested case is pursuant to HRS 91. It’s governed under Hawaii Administrative Procedure Act. So, it takes it out of the realm of Sunshine and becomes more of a litigative (inaudible) judicial matter. So, in effect it’s been advised to us before through the County Attorney’s office that the timing for the permits (inaudible) because the matter goes through a contested case process and goes through an evidentiary hearing, a more formalized hearing process. That’s also another facet of the situation today. Chair Cox: If it goes there, then at that point, voices can be heard by the hearings officer. Ms. Higuchi Sayegusa: If it is lodged then, well, first, if we’re looking towards intervention, the granting of any particular petition for intervention, the process becomes a contested case process, a more formalized process and the department would make a recommendation to you folks to refer this mater to a hearings officer. Of course, you would have to act upon that recommendation. You also have the opportunity for you folks as the planning commission to act as a body, to act in that (inaudible) judicial matter and attest the judges. So, you folks could also choose to be the judges and go through the contested case but lately we have recommended these types of cases to go before a hearings officer. Procured by the Boards and Commissions. Chair Cox: And whether or not it goes to a hearings officer or that we continue it, either way we have the opportunity, or the case has the opportunity to find out more. I guess that’s the way to put it. Because there were a lot of issues that were raised that we haven’t dealt with yet. Or they either get dealt with, without a petition, without an intervention by us, or they could be dealt with in a contested case through a hearings officer. Is that correct? Ms. Higuchi Sayegusa: Right. You’ve heard a lot of testimony this morning. If we’re not looking at intervention, allowing an intervener, you folks would then get to the consideration of the permit itself. And you can incorporate as you wish, the testimony you heard this morning and if you’re looking towards approving, you can look at conditions, you can also, of course another option on the table, is to just deny. Ms. Apisa: That comes after? (Multiple people speaking) Ms. Apisa: This is simply to address the intervention request. Chair Cox: Yes. Ms. Higuchi Sayegusa: Yes. Ms. Apisa: The first two? Ms. Higuchi Sayegusa: Right. Ms. Apisa: The first two? Ms. Higuchi Sayegusa: Right. Ms. Apisa: Madam Chair, hearing what I heard, I guess I’m listening to the commissioners in the situation that we’re in, I think I’m ready to call (inaudible). Chair Cox: Okay. Alright we have a motion on the second already so, if we can just get a roll call vote? Ms. Higuchi Sayegusa: Sure. Commissioner Ako? Commissioner Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Commissioner Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Commissioner Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Ms. Higuchi Sayegusa: The motion carries 4:0. And that motion was to deny the petition to intervene. Chair Cox: Okay. Now to the second petition to intervene. Which is from Michael Clark member, on behalf of community members of Po`ipu `Aina Estates concerning CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT (SP- 2022-1) to operate a construction material manufacturing facility. In order to be fair, I think what we would do is have…I was going to say, in order to be fair we want to make sure, the entities this time have the same amount of time. So, we’ll start with the petition to intervene representative, and you’ll have seven minutes and remember to address timeliness and standing. And good cause. Mr. Max Kimura: Good afternoon, Max Kimura on behalf of the community association of Po`ipu `Aina Estates. You mentioned Mark Williamson, he’s the president of the, what’s his… Chair Cox: Michael Clark. Mr. Kimura: Michael Clark, he’s the president of the Po`ipu `Aina Estates and I’m their attorney. Our petition to intervene was denied on a procedural defect. But Po`ipu `Aina has a (inaudible) right being the adjacent neighbor to HPM. It has rights, it has title to make demands or to make sure that its neighbors follow the law. It’s a (inaudible) right. And you cannot allow a procedural defect to infringe or advocate a (inaudible) right. There’s a lot of (inaudible) on this. Just to let you know, my firm is preparing an appeal of your initial, I guess, tentative decision to deny our petition to intervene. If we’re denied again in this hearing, we’re going to file our appeal and all the case logs will be there, but I do not have it at this time. And you know, in fact after hearing all of that’s going on the past few weeks and the past months, I’m surprised that HPM is opposing our petition or even Pacific Resource Partners petition to intervene, because look at all the controversy. All the parties should put all the cards on the table and you guys answer everybody’s questions. And then the commission can make its decision and move forward. You know, I (inaudible) of the situation with the super ferry. You know, they allowed the super ferry to go on and then it’s out and running, (inaudible) look hey, we didn’t get our environmental impact statement done and the super ferry is yanked. HPM shouldn’t be or wouldn’t, you know, doesn’t want to be in the same situation (inaudible). Maybe this special permit is kind of (inaudible) appeal and then things go forward. And then, look, things get yanked. So, let’s, all the parties, let’s just come together. You know, I like the idea that we all, look, they answer our questions, (inaudible) answer our people’s questions, Pacific Resource Partners questions and especially HPM answers our questions. You know, they need to be cross-examined because again, their application is filled with just too many smokes in their mirrors. It’s not, I feel honest with everybody. You know, earlier along, the young lady behind me justified about, you know, Allen Downer, the director of State of Hawaii Historic Preservation Division, that they’re usually consulted, and you know, regarding these kinds of matters on Hawaiian lands, and they were not consulted regarding HPM’s, you know, application for a special use permit. And that, you know, raises a lot of red flags that a lot of steps are being side-stepped. Because especially when you go through this special use permit. That the standards is just unusual and reasonable. And I hope that you all can see by all the testimonies that there’s a lot of things to question about the reasonableness about HPM. You know, again, our, my client has standing. You know, it’s the adjacent neighbor, it has issues with all the trucks, all the sawdust, you know, dust, the noise and the proximity. I know, from what I’ve heard that there’s a issue about timeliness. It’s true that my client, did not submit its petition to intervene in a timely manner. The agency hearing was scheduled for May 10th and my client sent in a letter on May 9th. You know, and he did not submit a, application fee, a petition fee of $25 but he didn’t know that, because he didn’t know the law. And most of all, the most important thing is that he didn’t know what a big deal this was. Okay, on April 22, 2022, (inaudible) I think it was signed by Mr. Mauna Kea, sent a letter to my clients. And, you know that unlike Mr. Mauna Kea’s thinking about, I notified everybody within 300 feet, no, the heading of the letter was 30 feet, that the neighbors within 30 feet. When my client got the letter of 30 feet, oh, this is not a big deal, oh, 30 feet is you know, literally, a 5- year-old kid could throw a stone, you know, 30 feet. It’s not that big a deal but then later he attended a hearing, the first one on this matter. It says (inaudible) or some sort of meeting in February 2022, eh, this is a big deal. And then he came to the May 10th hearing, he said, it’s even bigger than I thought. And then the community association, you know, put their heads together, eh, maybe we need to hire a lawyer. And that’s when, late in May, I got a call and said, can you help us out? And I said, sure. But that’s why (inaudible) is untimely. You know, they didn’t realize it, you know, they’re not sophisticated people, you know, they’re just homeowners and they’re (inaudible) farmers. Since 1996, this area of Koloa has allowed residential homes and the one thing they have to do is, they have to engage in some sort of agricultural activities. (inaudible) of this community association, they raise sod and now they’re planning to raise trees through a local farmer. Oh, excuse, not trees but vegetables and fruits. So, (inaudible) homes and engage in agriculture but what is HPM going to do? And again, I said it earlier, I do not believe, and I don’t think this commission should believe that, when they say they’re going to raise trees for timber, and they’re going to mill the trees for timber. No, they’re not going to do it. And, you know, that’s why the more people involved to ask HPM the hard questions, the better. For the commission, for the people of Kaua`i, but let as many people question HPM. What their motivation, what’s their plans? Cause I really don’t see it. And the people I talk to do not see why they need such a huge facility. And another thing that I want to mention that, so, I’m from Oahu, I spent the day driving… Ms. Higuchi Sayegusa: Seven minutes. Mr. Kimura: Seven minutes, okay. Thank you very much. Chair Cox: Thank you. You have any questions for… Ms. Apisa: Can I ask a question? Ms. Higuchi Sayegusa: Sure. Chair Cox: Yeah, you can ask a question. Ms. Apisa: I feel like, 6 and a half of the minutes were used to talk about the issue in general but not about, the point here today is intervention. About 30 seconds were spent on why it was filed late. If I heard you correctly, it was mailed on May 9, the deadline was May 10, and it wasn’t considered received because of a filing fee wasn’t included? Is that what I heard? Mr. Kimura: My understanding is that, you know, we got to our letters but, we didn’t even get a letter response to my clients May 9th letter. It’s when I filed a supplemental intervention, after I got involved. The supplement (inaudible) was giving for the May 24th hearing. I submitted on May 23rd. I believe my law firm was retain, like, May 18, to help the Po`ipu `Aina Estates. So, you know, and there was no response to my clients first petition to intervene. But then when I got involved, I said, oh you know, we need to submit a filing, they needed to answer these questions under the rules of the Kaua`i Planning Commission, and they said okay, and then I did it. But the most important thing is, my clients have (inaudible) rights. You know, they have a right to enjoy their properties peacefully, and such. But they’re going to be denied that right, that’s all I hear from them, is the potential… Ms. Apisa: We can’t. We were just here Mr. Kimura: Okay. Ms. Apisa: For intervention. The reason for the intervention. Not the reason why it should or shouldn’t. That’s another whole meeting. Mr. Kimura: Right. Ms. Apisa: If it should or shouldn’t be approved. Today is just an explanation on why, why a request was to intervene filed late. So, you’re saying again, was it mailed on May 9? The deadline was May 10, or you’re not sure? Mr. Kimura: Oh, the deadline would been May 3rd for the May 10th hearing. (inaudible). That May 10th hearing, the agency has been postponed twice. And then the argument is that the reason why we have a 7-day deadline is to give time. You know, feasible time for the opposing party to prepare. So, that argument does no longer applies because this agency hearing has been postponed twice. Now were in June 13, I believe today, oh June 14th is todays date. And accordingly, HPM has time to read our petition to intervene and the reasons why my clients are opposed to it. So, there’s no prejudice to HPM. Ms. Apisa: Okay. Thank you. Mr. Kimura: Okay, so, basically, it’s I guess, inadvertence, my client, inadvertently didn’t realize that he had to submit any petition to oppose or to intervene on May 3rd and that that was required a $25 fee. Ms. Apisa: And do you know when he did submit it? Mr. Kimura: So, we submitted our supplemental Ms. Apisa: No, when did he submit the original one? Mr. Kimura: He submitted the original one May 9. Ms. Apisa: Oh, okay, okay. Thank you. Thank you. Thank you very much. Mr. Ako: Madam Chair, I have a question. Chair Cox: Yes. Mr. Ako: (inaudible) But your client was aware of the February, was that correct? The February meeting? He attended. Mr. Kimura: I believe so, yes. Mr. Ako: As well as the May? Mr. Kimura: May, correct. Mr. Ako: And how…yeah, right, there was no May meeting, but he was there for public testimony? Mr. Kimura: On May 10th meeting, right. There was a public testimony. Mr. Ako: Right. And his knowledge of the meeting, was received how? Mr. Kimura: There was a letter sent by Cades Schuttes Firm on behalf of HPM, dated April 22. Saying that some event is going to happen and all those property owners within 30 feet of this situation, you know, are invited to attend. Mr. Ako: But he didn’t get it from a publication or anything? Mr. Kimura: No. Mr. Ako: Do you know whether it was published? Mr. Kimura: No, it’s a letter directed to my clients. Mr. Ako: No, no, no, I mean, a publication from the department. Say, I’m going to guess the Garden Island? Mr. Kimura: No. Mr. Ako: Or other websites? Mr. Kimura: But I could ask them. That’s a good reason to how do other people find out about this. And that’s one of the things people are complaining about, I guess that people don’t know about this. Mr. Ako: Okay. Thank you. Chair Cox: Thank you. Okay, you all have 10 minutes. Mr. Trask: Hopefully, I won’t have to use the whole thing. Mauna Kea Trask, on behalf of applicant HPM. Again, similar to the last motion. There’s no good cause for the late file. Now, I’d like to correct some things on the item too, because again, we have to be accurate. The truth is important. So, the affidavit and the mailing did go out, but even before I sent out the requisite neighborly notice, as required by the CZO, Jason Fujimoto from HPM reached out to the neighbors, Po`ipu `Aina neighbors. He also talked to Koloa Neighborhood Association. Sent out letters to everybody. And I thought, based that on my experience that we should tell everyone. No hide nothing. There’s no sense to hide. This is on TV. It’s in the newspaper. They should run towards it, not away from it, that’s the whole point. That’s what it’s about. So, I have emails from client, going back to March, saying, what are your concerns or visual? (inaudible) litigated noise. Not the (inaudible). The saws are so high-tech, there’s not gonna be any noise. It is, what it is but we listen to you, we’re sympathetic, of course we’ll work with you. All those issues came up. Mr. Kimura talks very in, in hyperbolic terms. A huge facility, industrial facility. Nothing’s bigger, nothing’s more industrial, than old Koloa Sugar Mill. If you remember that thing would crank 24 hours a day, 7 days a week, 365 days a year for a hundred years. The smells, the sights, the smokestacks, the bagasse, I never thought I’d miss that smell. I miss that smell. People talk about (inaudible), black snow, we used to play in it. Ash falling upon you in the recess in the playground. You know, the disintegrator seems to touch you. I say, hey, that’s Kaua`i, okay? We sent out that notice. The Po`ipu `Aina didn’t want to hear any of it. They were not interested in talking about it, they were not interested in (inaudible) old mill road. We offered painting, we offered camouflage, whatever. Forty feet is ten feet lower than the maximum height of an ag building in ag lands. Were lower than we have to be. The reason why we are where we are is because of we can’t go, first off, it is already (inaudible) industrial use. It is to identify (inaudible) industrial in the general plan on the south (inaudible) community plan. CJR Enterprises is mauka of the mill. They’re running vehicles, recycling scrap metal. You have, Kauai ATV. They’re bombing around in ATVs, around Pu`u Manamana all day. They’re making dust, they’re kicking up dust all day, all over that place. From Waita, through the puka up to Kipu and down on the cane roads around, I know, I went it on it. I took my kids during the pandemic. Anyway, irrespective of that, we gave the notice, even though they said they weren’t interested. The notice contains the public requirement. They say that these are not sophisticated, these are sophisticated. It states in the notice, petitions for intervention must be submitted to the remission and the applicant at least 7 days prior to the date of the hearing and advertised herein, and shall be in conformance with Chapter 4, the rules of Practice and Procedure (inaudible). They submitted it as written testimony, entitled petition on May 9th. I didn’t get it until May 9th. We filed an opposition May 19th. Prior to the supplemental filed by Mr. Kimura, which was filed on May 23rd. The day before May 24th, which was the hearing and I cranked out supplemental opposition because supplemental petitions aren’t allowed. You get a motion to petition, you get (inaudible). There’s no allowance for a supplemental in the rules. I understand, and the representation (inaudible) case law and (inaudible) function. There is a broader standing (inaudible) environmental that’s true. However, the case law is clear. If you don’t follow the procedural steps, you don’t get to come in. And LUC, you know, with the Mauna Kea case, the Ka Pa`akai case, all these cases that hold and protect traditional customary rights. Follow the plaintiffs in the (inaudible) and it will be interveners that follow the rules. There is always one who didn’t (inaudible) ask for intervention on the day of the LUC, and they don’t get to go in. We’re not trying to cut anyone out, okay. Our clients were trying to work with PR…(inaudible) being on that issue, because it was brought up Mr. Kimura. They’re, their best clients, our union contractors. Who do you think buys the trusses? It’s truly contractors. That’s who buys this product. They’re the largest union in the state, they’ll tell you. They use the most money in the state, that’s the largest customer. Friends, customers that’s that group. We’ve sat down with Po`ipu `Aina for months, trying to work it out. Find another road but they’re not interested in it. It’s a delay in kill, and it’s not bad. I’m not going to put (inaudible) value to it but that’s the fact. They’re not interested in the environment, they want to protect what they see is their right, which is to take what (inaudible) the general plan says, that they just threaten, rule character of Kaua`i, and agricultural land, slow development, residential (inaudible). (inaudible), it’s in the general plan (inaudible) plan. Po`ipu `Aina is exactly that. It’s a 7 lot, ag subdivision, that was turned into a 17-apartment unit CPR. They say, we’re growing sod, that’s grass. They’re growing grass. And then they say, they’re going to grow fruit and stuff, fine, that’s (inaudible) that’s not real ag. They couldn’t take real Ag. (inaudible) there’s no way (inaudible). But when there were seed corn, that was good, Kaua`i (inaudible) seed corn. When they wanted to do dairy further down the Miss Clark testified against dairy, included in our opposition. Kaua`i is at war with ag right now. It is what it is. And we never said we were going to grow trees. We’re saying, there is inarguably, sugar cane industry, killed multi-use forestry in Hawaii. First territorial forester wanted to do timber and (inaudible). They kicked him out and put in Charles Judd and he killed it. (inaudible) strictly the water resource of pineapple and sugar. And if it wasn’t for the total domination of Hawaii, Kaua`i sugar in the 20th century, we would have a robust (inaudible). Because during World War II the Navy told Hawaii, look, we need to double the number, so you guys start growing. In the early 20th century, Hawaii had contracts with Pacific Railroad, we were providing wood for railroad ties in California. That bond died because of pineapple. What we’re saying is this, if there, if we included it (inaudible) exhibits (inaudible). Hawaii would lose (inaudible) project, Kaua`i Forestry Institute, they’re all looking at how to get a lumber industry going. There’s a huge (inaudible) 22, because without processing facilities, we can’t support product. And without product, you don’t have processing facilities. What we’re saying is this, if there was a timber industry, in Kaua`i, this would be totally allowed. You don’t even need a use permit (inaudible). (inaudible) come in for a Class I for a mill, just like sugar did. That’s why, and the reason why, it’s already in industrialized use. We’re gonna have less of an impact in the existing impacts. We were told to go mauka of the mill, we can’t go there because that’s where the County is going to locate the Koloa Southside Wastewater Treatment Facility. And if people think that this is gonna smell bad, the smell of pine, wait till you smell all that. And that is essential, because without that wastewater treatment facility, we have injection wells, pumping human sewage into the water (inaudible) swim right now. We need to get away from that. That is the spot for (inaudible) southside and it’s essential. And you don’t get to move into ag and tell people that you can’t do special use permits because it’s unreasonable and is unusual and unreasonable. Precisely because of (inaudible) wants Hawaiian history. That’s it. And HPM supports the idea of (inaudible), of course they would like to save money because we have ship it. Because of building codes, state and federal, you got to bring boron treated lumber from the Northwest, the only other option. (inaudible) nope you got to do it. In the future we hope to find and work with people to not do that. We’re only one (inaudible), one part of the solution. But we’re moving towards it. We’re doing what we can to be part of that solution. We’re going to work with, they’re our neighbors, we want to be good neighbors. HPM’s good neighbors with everybody, okay. But you just get to come in here and look at, and kill a good project, a legal project, an appropriate project that benefits all of Kaua`i. Because you’re going to be against everything in your backyard. It’s nothing more than a newbie issue. (inaudible) we’ll work with that; we have worked with that. They don’t want to work with us. And that’s time wasted in contested cases because you’re never going to come to with a resolution, we’d love that. We wouldn’t have to do this; I wouldn’t have had to come for 3 hearings. My client could’ve saved money on me. So, we’re going to continue to work. We want to work with you. There’s no question, but let’s get to it. Ms. Higuchi Sayegusa: 10 minutes. Mr. Trask: Thank you. Can I close out really fast? No, no, no need, no need. Thank you, thank you. Chair Cox: Thank you. Mr. Kimura: (inaudible) he has ten minutes and I have seve minutes. Chair Cox: No, you had 10 minutes. Mr. Kimura: I had 10 minutes? Chair Cox: Yeah. Mr. Kimura: Oh. Chair Cox: That’s how we got to the 10 minutes, because we were keeping track. Okay. God, I love being on the commission. Ms. Apisa: I would like to ask a question or counsel. If it’s denied, it still goes forward to another meeting? Mr. Bracken: If the intervention is denied, move on to the next agenda item. Chair Cox: Which is (inaudible). Ms. Apisa: But I meant beyond today. It’s put forward on another agenda? Mr. Bracken: No. You. Ms. Apisa: Today? Mr. Bracken: Today. It’s the next agenda item. Which will then reviewed by commission (inaudible) petitioners here to present, planning department present. Chair Cox: So, for the timeliness issue, I guess for me there is a slight difference, in that, an individual, I as an individual are much less likely to kind of understand how the whole thing works and I can see the possibility of not sounding the alarm bells and not doing it right until (inaudible) because I didn’t understand how it happened. Cause it’s not as if (inaudible) sophistication. I have a Ph.D., I still wouldn’t know how to do it. So, to me there is a difference in the timeliness issue. Both were untimely but they (inaudible) good cause. (inaudible) Mr. Ako: Madam Chair, I think I’m gonna be the odd guy again, I think. Chair Cox: Sometimes you have to be. Mr. Ako: If it’s just the way the stars are lining up. You know in my mind; client knew very well from February already that the situation was going on. The department puts in, you know, puts in notices, you know, in the newspaper early enough. I think Mr. Trask made a comment over there that, you know, that his letters went out with even the date that you need to file if you’re wanting to intervene. In my mind, you know, I mean they’re not attorneys, they’re not, but I think there was a lot of hints here and there that, if we wanna do something, that there are some rules that are rules that are in place, so, how about we go and find out what those rules are. So, in my mind, they are not attorneys, this isn’t their cup of tea. But I think they have an obligation to follow up and do what they think they need to do. Chair Cox: Okay. Is that a motion coming forward? Mr. Ako: Could be. Chair Cox: If you wanna make a motion, then we can have it seconded and let’s discuss further. Would you like to make a motion? Mr. Ako: On that, thesis, I guess I move that we deny the request for intervention for Po`ipu `Aina Estates. Chair Cox: Do we have a second? Ms. Apisa: Second. Chair Cox: Further discussion? About the standing issue. Well, there are 2 things we’ll look at. One is good cause for the timeliness and the second is standing. (inaudible). Ms. Apisa: (inaudible) kind of addressed them both. Chair Cox: (inaudible) address the timeliness. I guess, maybe I just missed it. As far as standing by Po`ipu `Aina, did you feel like that was standing? If the timeliness doesn’t work then it almost doesn’t matter if we had standing, right? Cause if one doesn’t work then it doesn’t work. Ms. Apisa: Doesn’t work. Chair Cox: Yeah. Any thoughts? Make a motion. Are you ready to call a question? Mr. Ako: I’m ready. Chair Cox: Okay. Everybody’s ready? Okay. So, we have a motion and a second, to deny the petition for intervention from Po`ipu `Aina Association. (inaudible). Ms. Higuchi Sayegusa: Sure. Commissioner Ako? Commissioner Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Commissioner Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Commissioner Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Ms. Higuchi Sayegusa: Motion passes 4:0. Chair Cox: That means we are moving on to our own discussion of (inaudible) New Agency Hearing Ms. Higuchi Sayegusa: Yep, So, there’s no New Agency Hearing. Continued Public Hearing Ms. Higuchi Sayegusa: Under F. 2. F.3. no Continued Public Hearing. The next, I think I’m gonna just skip down there’s nothing (inaudible). New Public Hearing Ms. Higuchi Sayegusa: No New Public Hearing. All remaining public testimony pursuant to HRS 92 (Sunshine Law) New Business (For Action) CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT (SP-2022-1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in KoIoa, along the eastern side of Ala Kinoiki, approximately 3,300 feet west of the Weliweli Road/ Ala Kinoiki intersection, further identified as Tax Map Key: 2-9-001:001, and affecting a 3- acre portion of a larger parcel = HPM BUILDING SUPPLY [Director’s report received 4/28/2022, New Agency Hearing on 5/10/2022, Continued Agency Hearing 5/24/2022]. Ms. Higuchi Sayegusa: We’re on to item L. New Business (For Action), CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT (SP-2022-1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in KoIoa, along the eastern side of Ala Kinoiki, approximately 3,300 feet west of the Weliweli Road/ Ala Kinoiki intersection, further identified as Tax Map Key: 2-9-001:001, and affecting a 3-acre portion of a larger parcel = HPM BUILDING SUPPLY [Director’s report received 4/28/2022, New Agency Hearing on 5/10/2022, Continued Agency Hearing 5/24/2022]. We do have a director’s report. That was transmitted previously, as well as several memorandums. I’ll kind turn it to you folks regarding this item number. Chair Cox: Can we hear from the Director’s report? Staff Planner Dale Cua: Good afternoon, Madam Chair and members of the Planning Commission. Before moving into the Director’s report, just wanted to ask, if you wanted me to do a full presentation of the director’s report or if you an opportunity to review the director’s report? If not, I could just summarize (inaudible) report and just highlight portions of it? And then we can move on to the… Chair Cox: Summary is good. Dale Cua: Cause then we can… Chair Cox: Cause we’ve all been here… Mr. Cua read the Project Description and Use and Additional Findings sections of Supplement No. 1 to the Director’s Report for the record (on file with the Planning Department). Mr. Cua: Attached with the report by agency comments and at this time that will conclude the Director’s Report. Chair Cox: Thanks Dale. Okay, I don’t have anything. Ms. Otsuka: On page 9, Preliminary Evaluation 2. D. It states, there are known religious practices taking place. On your project site? Is that correct or? Mr. Cua: That actually should be, no. Ms. Otsuka: Okay, no, known. Mr. Cua: There are no known. (inaudible). Ms. Otsuka: Thank you. Mr. Cua: Thanks for the catch, yes. (inaudible). Ms. Otsuka: Okay, that scared me. Mr. Cua: Yes, yeah. Ms. Otsuka: Okay. Chair Cox: Any other questions at this point for the Department? Again, you got one Lori. Ms. Otsuka: Well, I’m not sure, it’s for Dale or the applicant regarding the (inaudible). Chair Cox: Let’s let the applicant… Ms. Otsuka: (inaudible) Chair Cox: Yeah, and maybe you can ask. Ms. Otsuka: Okay, so that’s all the questions I have. Chair Cox: Alright, go ahead. Mr. Trask: Chair, if I can approach and just pass out (inaudible). This has provided the previously called the (inaudible). I just (inaudible) if you have (inaudible). Alright, for the record, Mauna Kea Trask on behalf of the applicant, HPM. To my right is Mr. Dan Caldeiro-Oliviero, he’s the Director of this risk management for HPM and…why don’t you introduce yourself? Mr. Caldeiro-Oliviero: Sure. Good afternoon, Dan Caldeiro-Oliviero with HPM Building Supply. I’ve been with this company for 5 years. Prior to that (inaudible) crew with County of Hawaii, did 2 years with Fire Department, last 5 as the Fire Chief, and last 3 years as Hawaii County Civil Defense (inaudible). I share a hope that some of the information I provide (inaudible) credibility based on my previous experiences not only as a public safety official (inaudible), thank you. Mr. Trask: So, I start first with a brief presentation. HPM Building Supply is a locally family- owned company, it started, was founded in 1921, by Issei Kametaro and Sanzo Kawasaki. Ms. Higuchi Sayegusa: Sorry, I am so sorry. I can’t put it up on the zoom call shared screen. Mr. Trask: Okay. Thank you for that. Is there, I also have a thumb drive if you could put it up anywhere else, though I am not sure? Ms. Higuchi Sayegusa: I’m getting strong shaking of head from the IT guy. (inaudible). Mr. Trask: Okay, got it. (inaudible). Again, it was founded in 1920. In 1941, the navy assumed control of all of HPM’s inventory, operations, and employees for the record. 1946, HPM went to (inaudible) tsunami at that time. 1959 it began an employee profit sharing, and this is important because it does because it does (inaudible), again, my client really wanted me to emphasis, really articulate that HPM doesn’t have any problem with the Carpenters Union. Again, their best customers are union contractors, friends, and all kinds of people, it is Hawaii, we all know somebody. But he only thing that is different, HPM has chosen, and its employees have chosen for their own reason to do an employee profit sharing instead of being within a union the employees own shares in the company. You get to share in the profit and all that so that is the difference in philosophy. Unfortunately, it’s become a point of contention, but that is not why we are here today, that is the underlying concern. In 2006, HPM became 100% employee owned. HPM is not a faceless corporation its up there with the Jeff Bezo’s and whomever else occupies the less than one percent As Jason Fujimoto has said, it’s the other people that work there, its all the employees that’s HPM its not a (inaudible). 2011, it expanded to Kauai, so as you know it’s been said HPM id in Lawai Canary (inaudible) issue. (Inaudible) it’s been maxed out to capacity. There is no industrial area in southside to go, there is nowhere in Lihue to go, and in Hanamaulu (inaudible). Hanapepe too, you all know, you are on the Planning Commission industrial zones (inaudible) and its very, very difficult industrial zones. The only land left is Ag. And Even HPM and like the landlord they don’t want to necessarily re-district a thousand-acre lot, it’s necessary, it’s not appropriate. We are asking for a Special Use Permit to occupy a (inaudible) acres and that is it. You know, and then in 2018 HPM was part of a rebuilding effort after Kilauea Volcano eruption and HalePlus. If you look on the slide on the bottom right hand that photo, that is HPM’s workers out there building (inaudible) again, that was a point of contention because of some other industries interest because that was the (inaudible) factor of housing, but that was not what they were doing, they were just trying to house people whose houses burned down. Next slide, please. Again, I quoted this earlier on the record, this is Kauai Habitat for Humanity a testimony for 2022, that was presented I’m not going to reiterate it but the record speaks for itself. Public interest groups, nonprofits, Habitat for Humanity, they need this they want this. There has been talk about “oh if it gets denied HPM doesn’t get hurt. Yes, that is not true. The community gets hurt, you don’t have the product, if you don’t have the product, you don’t have the competition, you don’t have the competition, you don’t have the lower prices (inaudible) and what we need is thousands of units of affordable housing. In fact, I was speaking to Council (inaudible) the other day, apparently because of the legal issues involved with (inaudible) the southside is actually lost units from residential to (inaudible) this year alone. We need to build more houses, and people like Habitat it speaks for itself. The Trusses facility location slide, please. So, as I said this is in what has historically been industrial agriculture farm use. I think the Koloa Mill was built in 1912, I am not sure, but it has been in operation until 1996, when the sugar mill was closed the sugar died. If you look on the left picture that’s they area approximately where we are at it is within the shadow of the mill, it is adjacent to current Kauai ATV Tours which is on the corner of Mahaulepu/Welewele Road, and it is kiddy corner to the current mill, and behind them is CJ Enterprises, and to the right of the mill is the proposed location for the Koloa Wastewater facility. The other picture is the current illustration of Wele Wele Road going towards the mill on Mahaulepu Road as you can see there was concern in the record about running powerlines. I if you look to the northwest of the arrow, you will see that lot in the gray, that is all KIUC’s solar facility. Again, this is in an industrial use, and I am not saying like poisonous chemical industrial, but industrial. They run wires all for renewable energy towards the States goals of 100% by 2050. And (inaudible). Next slide, please. Again, the Koloa Mill site like I said since 1912, has been identified as an industrial site in Kauai Kakou General Plan 2018, which I would like to say won a national award for “Best General Plan” in the country 2018. The entire community Kauai’s community chose this site for future industrial for Koloa. It’s also as I said the future location of Koloa Poipu (inaudible). Its going to be smashing down there. I included pictures on the top left, an aerial photo from USGS in the 1950’s as you can see the industrial use there. The other photos were taken by Carolyn Davis before she passed her sunset days of the operation of the Koloa Mill, in the photo you can see the Koloa Mill operating at night, you can see the stars, you can see the smokestack blowing. Bottom left that one over there by the sugar cane grinding and processing it, day, and night 24/7hrs. and then, you can see right now, what is left (inaudible) its definitely something that is not being used. But the facility, we are not going to move in over there but that is the area. The next slide is the HPM Truss Facility, and I am going to let Mr. Oliveira speak as far as the nuisance noise and traffic and such. Mr. Caldeiro-Oliviero: (Inaudible) I would like to extend our regrets of both our CEO and President Fujimoto and (inaudible). They have been coming to the hearings by unfortunately could not be here today, they definitely wanted to be present to hear the communities’ concerns and address questions (inaudible). Another thing is what Mauna Kea already shared (inaudible) foolish decision on the part of HPM to do something to impact negatively its best customers and contractors across the state were that is where our largest volume of purchase that take place because we are contractors. So obviously we will not do something to jeopardize that relationship. The other thing is I did spend some time this morning talking to the Kauai County Building Division regarding manufactured trusses, and I just asked the simple question, out of all the projects you folks inspect how many of them have site-built trusses verses manufactured trusses? Because you do have a manufactured facility currently on island. They don’t see site- built trusses anymore because that skill and art is being lost plus it is not the most efficient way of doing business. The reason why HPM stepped into this market is the opportunity help because we were hearing from the contractors and customers that we had that they would benefit from a timelier delivery and maybe a cost competition in away. Having a second producer would ensure those things the competition as well as quality assurance and pushing both parties to be timely in deliveries. So, I think HPM would a step in what they are investing in here if it wasn’t going to be a beneficial investment based on a customer market too. The other thing is that I spent some time looking at the 2018 Kauai County General Plan and interestingly enough it pointed out that by 2035 Kauai would need nine thousand plus new housing units or residential units. So, there is obviously a need for housing units. Manufacturing trusses we not meant for one market, it’s for all the construction needs. Affordable housing what I would say is attainable housing it is for your everyday middle-class population and yes, even for commercial structures. So, there is a need for this product. As a, I will talk a little bit about the facility, so at it pertains to noise, I spent personally as part of the risk management, which is assessing the noise of the equipment, we are using to operate a truss plant in Keaau, I have to do that to ensure OSHA compliance as well as to protect the hearing and health and wellbeing of our employees. But as it pertains two this project, I wanted to make sure that credible information as to what is that noise impact to the neighbors? So, in sitting within one meter of the tools in our manufacturing plant and recorder using the Department of health approved Decimal meter, and showing meter readings of 83-90 decimals again, that is within one meter of machines running. Nail guns, saws, etc., What I also do is walk outside the facility both outside the barrier walls and step out forty feet and saw a drop down to 60-65 decimals. I walked on the open-end section of the building simulating will give an idea of an open tent structure, I walked out as far as one hundred feet, and saw a drop down to 60-65 decimals. I also did research on how fast the sound dissipates or drops over distance and there are various (inaudible) standards and formulas calculating that, but essentially, every time you double the distance by the original measurement you reduce the decimal by six. So, I took the measurements that was provided to me from the where the site would be to the nearest home, which I was given twenty-five-hundred feet, or seven-hundred- eighty-two meters, it dropped the noise it dropped the decimal meter down o 30 which is comparable to ambient indoor noise. Throughout this hearing I have been in the back with a decimal reader it’s an application on my phone, it’s been registering anywhere from 60 to 70 throughout the day just in this environment. Just to give some perspective and to give an idea of what kind of noise level we are talking about. So, Again, I think we can continue to work with the community and address as I did overhear a conversation with Mauna Kea and one of the residents saying, she is much closer than what we think. So, I spoke to my executive because I would like to approach the resident and go out to the site and quantified and qualified measurement on her property to where we can give her an idea of what that noise level might be like. Another thing is we have the wind condition coming out of the northeast which is typical trades that will also affect noise carrying. Any questions on the noise issue from our plant? The other thing I would like to share is regarding the dust, sawdust,t and other byproducts. You know one of the things that we use or the system that we use there is a computer-based software that optimizes and picks the best dimension of lumbar for two reasons, he wants to be efficient, and he wants to reduce waste. So, picking the bests dimension of lumber will reduce the amount of waste in the landfill with access cuts. The other thing we do is we avoid the waste of money as Mauna Kea can share all of the lumber is imported, the last thing we want to do is to be throwing away sections of lumber that we had to pay for to get here, so it optimizes that. The other thing is these saws are completely contained if you can picture like in a case. They are in a room that collects all of the sawdust and shavings. We actually package a lot of the sawdust and shavings for people who want to use it as ground cover as well as for absorbency but is never out in the open stockpiled, hills or mounds. It is cleaned up, its bagged, its packaged for disposal properly. Two reasons, we don’t want to have a fire problem near our property, so we don’t want to have dust accumulating. Every day and at the end of the day the workers clean their machines and accumulating and compiling all of the dust and packaging. Every Friday, the facilities get a thorough cleaning removing any of the dust that could present as a fire hazard. So, there is really no dust flying around the property in Keaau and I can confidently say that would not be the case here on Kauai as well. As far as the issue of water, contamination, or environmental impact it is my understanding that the property has already been previously used for industrial purposes and purposes of plantation system its not a soil virgin area, native species and other things may have already been impacted. We intend to be good neighbors and respectful of the community and environment and not add to anything that may already exist on the property. We know that during the plantation era a lot of chemicals were used pesticides, herbicides, etcetera, we are not going to use any chemicals. Mauna Kea shared that our products come in already treated (inaudible) which is an environmentally friendly product. It won’t pose any issues or environmental impact based on the sawdust or byproducts of the operation as I said we are not using any of the chemicals. Regarding the view plain and concerns for this white tent, as was noted in the Director’s approval Condition that would change into a blander color and would be better for the view and not be so intrusive as the white. So, we already started the process of ordering the appropriate color which would be a little greener, to camouflage cover and would blend in with the background and not be so intrusive at the white tent. Lastly, I will just touch on the water and the impact. We are not going to be putting in any restroom facilities the project will involve bring in portable restroom porta potty type of operations. That would minimize the need for any onsite water use or discharge. For those systems that we will have for handwashing will be rainwater we collect in containment tanks and pumped out sewer to the porta potty so there will be no discharge into the ground or wastewater on site. And again, the water uses in mainly towards hygiene and clean-up for personal not for any type of industrial application. The last thing is with traffic. Again, looking at some of the studies that have been done here on Kauai, we all appreciated the decrease in traffic through the pandemic, but the numbers are climbing back to pre-pandemic levels. While we do not anticipate adding significantly to the traffic counts, I have been talking to our manufacturing production vice president, he anticipates that at its peak about ten vehicles going in and out per day and this is being very optimistic, we went into peak production and the highest we would say this not a significant amont of vehicle traffic at the peak or high production. I just wanted to give you a quick overview of our facility and answer any questions you may have about our operations. Ms. Higuchi Sayegusa: Again (inaudible) refer back to (inaudible). Ms. Otsuka: I want to thank you for being so thorough with your report and I appreciate you answering most of my questions before I had a chance to ask so, thank you. Ms. Higuchi Sayegusa: Do you have questions you want to ask, or do you want to wait for… Chair Cox: Would like to have one question. You just hit on traffic a little bit, but I know earlier, there was a concern about the width of the trusses and the trucks that would be going down this narrow country road. Any you comment on that? Mr. Caldeiro-Oliviero: Sure, with the State Department of Transportation and County of Kauai, rules haven’t looked at the county rules, but I guess it’ be similar to the Big Islands rules we would need to get an oversize permit, something that hangs over greater than nine feet bed width we would need to get an oversize permit. Based on the hazards it my present, we maybe required to hire escorts as well. So, if by chance we are hauling a truss system that exceeds and poses a traffic hazard, we would be required to go along with safety measures that would help the motorist and not present additional safety problems. Chair Cox: Okay, I have a follow up along the same line, and that is we got great testimony we got that were concerned about trucks going through Koloa, actually through the town. Would they be going through Koloa? Or will they be coming down? Mr. Caldeiro-Oliviero: I think a lot of this is dependent on the road, or shipping, or where the order going as well as what is the best route coming from the harbor and where the source of material is going. I think there is great opportunity for us to work together with the community to identify the optimal routes at the least amount of impact as well as safety concerns. But the source of entry is going to be the harbor and the material will be going to the site where the production (inaudible). Mr. Trask: As was stated in the application, the site is very, very, it is actually situated. It’s coming up from Maluhia you know, the bypass like the park, (inaudible) you go to the back roads (inaudible), you make a left to go (inaudible) to the facility, and then you can either go down continuing across of Koloa Road, which is wide enough to take the capacity. If the end point is over there, if the end point is Omao, you are going back, if the end point is someplace else, you go mauka. The end point is in Koloa obviously, and that is where they are going to have to deliver but correct me if I am wrong. But the goal is to absolutely to avoid the internal Koloa gulch because it is so narrow and there’s going to be so much entailed and safety it is just not worth it, it’s easier just to take the step bypass roads which is what they (inaudible). A couple more on this slide. So again, there are some questions we’re on the left of the picture that’s actually a picture of your account that is what it is going to look like very high tech, this is not the organ sawmills back in the day. What is on the right is an approximate and is not the same exact structure, it is what is being used right now. So, these are what is being used right now. So, these are called “vinyl barns” they are using agricultural all across the country because they are easy to put up and they are easy to take down. It is very low impact to our environment. So, it’s not like the last thing generational structure you see the (inaudible). This is up and its down and this is one of the reasons why a special permit is a (inaudible) because it is they want to do as little impact as possible, they don’t want to do dig up a lot of grading and that stuff. Going to really the heart of the matter, which is the Special Permit Standards and the Use Permit Standards, and again, pursuant to HRS 205.415 (a)(1) and (10). Lands within any agricultural district shall include (inaudible) cultivation of props from timber and buildings and uses that support agricultural activities mills, processing facilities and vehicle and equipment storage areas. As I recall that is Agricultural Industrial Use that’s what it says. So, the development of a mill type facility that processes and manufactures integral trusses is inexplicably allowable use in the state when used agriculturally within state lands, however, that’s qualifying, we have nothing to (inaudible) 2,d, 10, there is a requirement that they accessory use support the agricultural activities of the fee or lease hold owner, it’s a requirement that HPM can’t satisfy, it’s a requirement that know one in Hawaii can satisfy. It’s a requirement that is being looked at to be able to be addressed. Like I said, by the Hawaii (inaudible) Association, by the (Inaudible), by the Hawaii Lumber Industry Association, there is a huge conglomerate interest in trying to make Hawaii more sustainable. Like we saw in the pandemic, shipping is risk sensitive, and we need some kind of (inaudible) industry. They are even going as novel as looking at the Albizia and cutting and layering Albizia like a skateboard deck and using that as EWM, is it EWM? Composite material to be used in manufacturing homes. Whenever these ideas come up, we get criticized for it, that is unfortunate, because that is exactly the type of thinking we need, we need to be novel, we need to be bold. And so again, to where the catch twenty-two is that HPM is taking a risk to create a facility that could process that in the future hoping that the current process with the industry advocates does proceed forward, because it has too. So again, so if not for that specific and unique Hawaii historical issue, then this would not even be a problem on that and those are allowed. And the reason why this site is because it has been identified as light industrial, it has been used as light industrial even before the CZO was in. And when you look at Ag, land, say by the land use district, about the 60’s, 70’s I think, and should we run everything back then? Everything was put in. You had the urban areas that were already urban, Honolulu was already urban, Lihue was already urban. All the mills were on Ag. everything was sugar, everything was Ag. There is a huge issue right now the way the community is recognized, the way the land use committee is recognized, the planning committee is recognized. We have DVD lands, we cannot grow much there, those meant to be repurposed and used for housing, it needs to be used for infrastructure, it needs to be used for other uses that benefit the community. However, Kauai is going to be a place where it is extremely, extremely difficult to do that. If HPM were to come here to re-designate this as urban, first, that would be inappropriate we don’t want to do that. We don’t want to re-district the whole lot, we can’t subdivide this (inaudible). And we are not the landowners so we cannot re-zone. There are so many issues, but we don’t want to do that we don’t want to lose Ag. land. Just because you do low impact facility especially one that can be taken down very easily. So that is the perfect place for it, you got the roads already coming in right next to the bypass, currently in uses, (inaudible). And identified as such in all the applicable land uses plans. Therefore, it is an unusual, but it is a reasonable use of this land, and the future of this will be put to light industrial use for everybody else, so their reason is no reason, this is the perfect place to go, and I’ll just leave it at that. And finally, the last slide. Again, this is not to denigrate anybody or any special interest, we all work for a living, and we all get paid and I guess we got to do what we got to do. But if you look at the testimonies and the issues coming in, there is a lot of confusion in Koloa right now, everyone thinks that everything touches meridian, it doesn’t. Everyone thinks you know, everyone’s concerned about the caves, everyone is concerned about customer practices. HPM is concerned about those, this is another reason why this is a perfect spot for them, it’s been in Ag, use, we are not saying that Ag. always desecrates everything, (inaudible) but in this case it did. Further, we held a Ka Pa Akai conducted and we looked at previous studies, even though we did not trigger the EIS, we included the EIS from other projects so you could see that. We did not want to subvert that responsibility; and we show you the products that are already there. There is no endangered species there, there is no caves there. We talked to and there was concern that we did not talk to the right people. We went to and spoke with individuals who either lived in or who were descended from people from Koloa. Milton Ching, he doesn’t currently live there, but his ancestors do, he can trace his genealogy to that place. Sandy (inaudible), Kahale Blackstad, Holly Blackstad, Uncle Rupert, Missy Kamai, Carol Blake, Marino (inaudible). We have testimony and I would just like to read one of them. This is from Sandy (inaudible). “I am a cultural descendant, and I am responding as follows: My linage to the area (inaudible) ohana was known to reside in the vicinity. I have knowledge of cultural practices or artifacts on noted property. From my memory, I believe this location was heavily disturbed with the building of the Sugar Mill and surrounding landscape created for agriculture purposes. I have no knowledge of cultural practices within this specific vicinity. Cultural practices I am aware of are closer to the ocean shores and within the Heiau sites within the complex of Kaneiolouma and the connecting Koloa field system. I am representing myself, as a citizen of the community and Native Hawaiian Organization Na Hui O Kaneiolouma. I am pleased to know that the Ka Pa’akai analysis is being implemented properly prior to any approvals for any project development. I pray full measures are taken for any fines that may result (inaudible) from your analysis. So not hesitate to contact me etc.” We fully know that the law requires anything found during the work that we have to stop. However, we have (inaudible) in archaeology reports and (inaudible) there is nothing identified there. I was speaking with Ms. Cummings earlier. If you have concerns go to the Burial Council who can previously identify the burial sites, because no developer wants that. It happens unfortunately. But no one wants it. Earlier a (inaudible) was talking about drainage, that is again, confusion. It’s not this site. This is miles away. That is right above Poipu Beach Park, that’s the swale that leads right into Kaneiolouma Park, again, that is the drainage issues (inaudible). Uncle Billy, concerned about the water, that is 100% correct, water is essential. In Poipu, the whole coastline is just ejection wells, there is a lot of concern about (inaudible). Everyone knows the human waste system is a big issue down there. That is why the Wastewater recommendation you have to take that away. But all that (inaudible). The waste that Mr. Olivera is talking about its not us, there is not going to be any structured use of toilets (inaudible). Any green water is coming from a ground catchment very low impact that is the point. So I guess just to rap it up, as I don’t want to take up too much of your time, everything that could be done as far as (inaudible) liked at allies, and past studies, talking to state agencies, looking at land use, talking to neighbors, it is appropriate. It is an unusual reasonable use. It is within compliance with the General Plan, (inaudible) SMA. So, any mention of (inaudible), but this is what Kauai needs and this is what it needs to be. With that if you have any questions, I am happy to…one more thing though, a lot of this issues we’ve talked about were manufactured. If you look at the talking points at the bottom left hand on the slide, you will see “harm your agricultural land, destroy native species, increase truck traffic on your streets tenfold.” None of that is true. A lot of people bought it. If you look Its PRP’s Info Action Network for this campaign. It is the same website that’s used to support the huge development on Big Island, to oppose the affordable housing and the transient unit moratorium on Maui. If you look at the written testimony you received today, this is exhibit “A” public testimony to this agenda item, Mr. Lee’s testimony said, “it would harm our historic Ag. Land, it would destroy native species, it would increase truck traffic on our streets ten-fold. His email was issued via info action network. Org. Wendy (inaudible) Harm historical Ag. land, destroy native species, it would increase truck traffic on our streets ten-fold, email info action network. Same thing with (inaudible, Terri Renee, (inaudible), Gia alumni 2, I don’t know who that is, and (inaudible). The point being is that the concerns are out there and HPM acknowledges them, and we want with them. We cannot combat this information, we cannot appease these actions, and we cannot work with people who don’t want to work with us. Not because we don’t want too, but it just cannot be done. So, with that regard, we are open to everyone’s suggestions, we welcome yours on how to improve this (inaudible). But just be aware that we live in a time of social media can’t catch a lie on those things, it goes to fast. Thank you very much. Chair Cox: Thank you. Question from any Commissioners? Ms. Otsuka: I have a question. And its just for my personal curiosity. The facility hours of operation are Monday through Friday 7:00 a.m. to 4:30 p.m. and the application it states, “HPM anticipates additional two or three semi-trucks with trailers, (inaudible) vehicles a day who would access the property 6:00 a.m. to 4:00 p.m.? For me 6:00 is really early. So I was just wondering, why one hour gap or the difference? Mr. Trask: Some of that is the change with a lot of the concerns as your taking with community from when the application was submitted. But also too, most of that traffic is workers, so they are going to drive there early. Ms. Otsuka: Oh. Mr. Trask: Yes, just to get to the site. You know if that is a concern it is something definitely, we can address that is operational. Chair Cox: Are there any question. Lori? Ms. Otsuka: No, sorry no. Thank you. Mr. Ako: Hi. I know you addressed it in our presentation but of all the land on Kauai why did you pick this land on the Koloa old mill property? Mr. Trask: Great question. You know, again, as I said before its (inaudible). A lot of the issues you know, having a centrally located, having a truss facility in this area, maybe it’s the traffic you create from shipping everything from Hanamaulu where it currently is. If over the past few years, I lived in Omao or since I came back to Kauai. I would take my kids to school. You have to hit tree tunnels before 6:50 a.m., absolutely. Otherwise, you are stuck in that until and 8:30 a.m. I get yelled at if I go to counsel late and my kids don’t get to school on time, so you have to run early. That is because so much of this land runs from Wailua to Lihue, they go north, they south, they go west. So if you can cut, if you are shipping in from Nawiliwili and you are moving trusses from Nawiliwili and you are also (inaudible) and you to go over to the west side, you got to come in from there, if manufacture the trusses in Hanamaulu you got to come in from there, if this is over here you cut out that quarter of traffic that whole time, that’s a benefit of traffic. That not being acknowledged. Its more centrally located too, everything that is manufactured (inaudible) is in Lihue, you bring this over here, you serve more readily another operation, you don’t have to drive into Lihue for their work. They don’t need to drive through Knudsen Gap. Anyone that lives west of Knudsen Gap would love not to go passes that thing. And there’s a (inaudible) available places to go, you can’t go anywhere north of Kealia for any kind of industrial use Ag. or otherwise. Kapaa is loaded up, Lihue is loaded up, and west side is loaded up. This was identified as the future industrial site; we don’t want to put it anywhere else its not approved for anywhere else (inaudible). Chair Cox: Are there any questions? Mr. Ako: You know there was a lot of concerns about HPM building these trusses that’s going to be taking jobs away from other carpenters. Right now, I think when you read the paper now, our issue is affordable housing out there. That is a real big deal whether its affordable housing what every that means? Whether its workforce housing, and yet when we build these trusses for these projects, in your estimation, are we saving money? Or are we losing money in terms of the big picture of this economy? Mr. Trask: Good question. I think we are saving money. The reason why I say that is because like what Mr. Oliveria said on the application says, “the numbers don’t lie our largest customers are union contractors.” So, we are not selling to the union contractor, that’s who is buying the equipment. All you see is (inaudible). There is so much need for housing (inaudible). Mr. Ako: I think the need is there, I don’t think anybody would argue with that. I think the question is do we have the capacity to build (inaudible) property and the land to sell those houses? So, if we have property and we have will, I think in my mind, why do you believe that there is such a gap that we need so many houses? Mr. Trask: So, that is what the General Plan says, we need thousands of units. I am not saying it, I am just reiterating what’s already said, okay? (Inaudible) when I was studying this (inaudible) where was this argument coming from (inaudible) it did not make sense because they are buying up all the property. I think it goes back to HPM and the employee’s choice to be employee owned, its not a unionized business, because they have a different (inaudible) I think that’s where the rub is, and I am being as objective as possible in trying to understand it. So, I don’t think this is a zero-sum employee (inaudible) no one going to lose jobs its going to make more jobs (inaudible). and like Mr. Oliveira said, they were asked to do this, it was identified as a needed business, they would not be investing on Kauai. (Inaudible) HPM shows up, they show up in the tsunami, they (inaudible) they show up, that is what they do. Mr. Ako: I think the question I am really struggling with to is the fact that when you sit on this Planning Commission and all these subdivisions come up (inaudible) you are dealing with trusses, and the types of projects that are coming up where to you see the trusses going? Mr. Trask: (Inaudible) So I think it’s a two-part answer. So one, Kauai has got a big issue were I think is causing a big shortage on land and I think its directly related to the prohibition on the one time subdivision of Ag. land 1972. You can only subdivide Ag. land once, or you have to put it in rural (inaudible) that is a big problem because what it does is it keeps (inaudible) with ownership within a small number of people, five people own (inaudible). I have talked to people about this you get a target on your back because you are a council member (inaudible). A lot of the Ag. Land is shored up it needs to be opened up. But as far as affordable housing the product Pa’anau, phase one and two, Koloa affordable housing, the only time, not even the county can afford land. The only time you see affordable housing go up, when you approve a hotel or a huge subdivision because the county gets its third, whether its land housing project or money to build a housing project. So, what I was saying about Kukui’ula earlier, Kukui ‘ula the subdivision (inaudible) led to all the affordable housing in Koloa in the past (inaudible) years. And that is where the trusses are going to go, for affordable housing. There are going to to be Habitat Projects, there are going to be County housing projects, there are going to be others they are going to use it (inaudible) but that is what we are seeing. (inaudible) that’s a huge policy question that (inaudible) and that is great. Mr. Caldeiro-Oliviero: (Inaudible) This crisis of housing across the state, I happen to co-chair and coalition on Big Island comprised of nonprofits, direct community stockholders, Hilo County government and even housing departments participate. (inaudible) it’s the attainable middle-class people that work for the county, people that work in the resorts, they are struggling with access to housing. Supply and demand, it’s very little on the market. Let me speak from Hawaii island standpoint, the median home prices right now are four to five hundred thousand, I know it’s not even close to what it is here Kauai, its way pass that. (Inaudible) can’t afford homes. There is a shortage of rental units across the state. the process of making trusses does not discriminate on any one type of structure, we cover the full gamut even for high end homes and resorts. So, when you say affordable housing, these are the products that goes into it, (inaudible). So again, it’s not a discriminant product it’s a product being used. As I said I talked to your own Planning Department today, its what’s the current process a (inaudible) having more capacity might increase production of housing. There more available resources. Mr. Trask: (Inaudible) in 1920, Prince Kuhio (inaudible) I pay my mortgage every month to first Hawaii back, I would love to (inaudible) I would love to be on Hawaiian Homes, that would take care of a huge amount of homelessness and houses. (inaudible) so that is a big, big problem, and I think this whole manufacturing structure we need to really look at our government and how things are structured and address issues now and not (inaudible) Kuhio originally wanted, we have huge opportunity for houses (inaudible). Mr. Ako: I think the one thing that brother me is whether we vote yes, or whether we vote no, (inaudible). I think there is gong to be a lot of angry people out there. People that live inside that community there (inaudible) big traffic problems, (inaudible) you know, what I am hearing is I want to see Kauai, Koloa, what Koloa is, but (inaudible) forty years ago whatever it is. I think what I am trying to get to is we are all trying to get to the same place. Those who have lived here for the past fifty years, are trying to make Kauai a better place to live. HPM is coming in here wanting to make this a better place for everybody, and I’m no sure we are achieving that goal, in terms of house getting cheaper. What is the anxiety that is going on inside the community itself, yeah? I want HPM inside there. I’m trying to figure out, what can you do to bridge that gap? Because at the end of the day all of you will be going to that same grocery store, your kids are going to the same school, you guys going see each other all over the place. What do you see that you can do? So, from what I see and heard from the employees that have come, its sounds to me that HPM is a great employer, they do a lot of good things in there. So I am wondering what other steps you can do to kind of bridge this gap? Mr. Trask: So, what specific hard things we can do like looking at mitigation whether softening the white to some kind of different kind of (inaudible) looking at some other kinds of colors. The sounds are going to be so low we can look at other strategies to mitigate that, but I think that the conditions are going to be where you focus from experience the Planning Department enforces those community. They don’t walk away from those things despite (inaudible). If there is a problem with those Conditions, if the noise is to loud, we are going to have you and the Department of Health knocking on our door saying you have exceeded 70 decibels here on Ag. land. That is going to happen, and we have a lot of neighbors who would probably report that. If there are wastewater problems, if they find iwi, if they find anything, government response. We will behold accountable and as we go forward can we guarantee anything? No. but what we can do to approach this is to try our best and do what we can to continue to work with everybody, because you are right, we are going to see each other in the stores. Mr. Ako: So, for me I see the gap being not so much the Department of Health that you folks are making to much noise or the Planning Department or anything. I see the gap being between a new facility is coming up, changes coming up, and trying to fill that gap over there with the community itself. Something within there. Not so much about what you can do to limit the trucks that are going up or the noises. (Inaudible) for the community as well as for HPM (inaudible). Mr. Trask: (Inaudible), you brought it up it’s the community. And some people want to keep it as how it was 50 years ago, 40 years, some 20 years, some 30 years (inaudible). There is always going to be an issue of what Kauai is and that is individual to all of us. But let’s see what we are trying to say is that we need to work together, its always a moving target the way I look at it Kauai, like 10 years ago after the hurricane like 10 years ago, (inaudible) and that is where I stand, and is not where a lot of people stand today. A lot of people that community supports this. The bunch who supported Kauai Christion Fellowship all the people on the other side, Tony Brun, had nothing to say about this, he has that huge Ag. lot. (inaudible), some disagreement, you are always going to have some disagreements, but we look at the community wholistically, all across Kauai. And the point is we work together, and we make sacrifices for the greater good of the community. As a community we all paddle together, we all try together. This nit-picky neighbor thing, take it to the commission (inaudible), I don’t know if that is the community. WE know who is our neighbors and the ones that are concerned about us, and we also have the by-in of the neighbors who do support us. That is doable, but beyond that, we just (inaudible) and what their concerns are and give appropriate considerations to the other issues. Chair Cox: Good question. Any other questions? Are we ready to make a motion? Ms. Apisa: I just want to say excellent presentation. I can feel the sincerity coming from the heart. Thank you. Mr. Trask: Thank you, Chair. I mean Commissioner. Chair Cox: Are we ready to make a motion? Ms. Otsuka: Are we ready to a make the motion? Chair Cox: We have to clarify Conditions and we have to hear the recommendation. Sorry, it must be a long day. Mr. Cua: The Department is recommending approval of this project. There are a total of 12 Conditions that (inaudible) the Department stands by its recommendations. Chair Cox: Thank you. Commissioners, do you need the conditions read or maybe we want to talk about additional conditions based on testimony we heard? Any additional? Ms. Otsuka: We are not going to add on? Chair Cox: We had added, that is why I am saying this is the time that if we believe there should be additional Conditions, this is the time to bring that up. So for example, who heard testimony about traffic, as well as visual litigation, we also heard backf rom Mauna Kea Trask that they might address traffic, and noise and visual mitigation, and so we could add conditions that require certain things (inaudible). Ms. Higuchi Sayegusa: I apologize. I think we went through quite and morning and quite a day we have had so far, I’m not sure we went ahead and dealt with the public agency hearing on whether to close that. Chair Cox: Oh. Ms. Higuchi Sayegusa: Yeah, or if you wanted to (inaudible). Chair Cox: That would come before the agency hearing? Ms. Higuchi Sayegusa: Yes. Chair Cox: So, I guess we do want to see if there are any further public testimonies on this issue. Women: I apologize, but for those of us that are here and have also spent a long day, I don’t think we have the 12 conditions that are supposed to be imposed, that’s they condition of this special use permit. And I think it would be helpful for those we care a lot about it to hear what some of the recommendations are for additional conditions. I would just renew that this is a residential resort community. And the sugar went out in 1976, there really hasn’t been industrial use on this parcel for over 25 years, so it is 20 years plus at least. So it is really disheartening and to say that there is no industrial anywhere else on the island, I agree with the Commissioner who suggested that this should really go to a contested case hearing so some of these things can get flushed out. Because even the noise testing you know, we are really not in a place to get evidence through that accept through contested case, because than, lawyers and parties get a chance to go out and check the noise levels at other HPM facilities. Right now, the Commission just gets to consider what’s put through and smoothed presentation with 8 by 10 glossy photographs and that is not where the community lives. And if we have 450 units planned Koloa plus an 1100 mixed use village, the grow farm is proposing on the corner of the eastern bypass road and it is in the general plan, that is 1500 units in Koloa. I can pretty much guarantee you that a lot of those lumber trucks and trusses are going to be running through our community and creating havoc with children getting to school, people that’s just trying to travel around. Its our quality of life and I think its being pushed way to fast. And I would just ask or a pause to allow some time to actually have and (inaudible). Thank you. Chair Cox: Thank you. Speaker: Can I just ask a question. Concerning the noise… Ms. Apisa: Name please? Speaker: I’m sorry? Ms. Apisa: Name please, for the record. Speaker: My name is (inaudible) I have worked in the lumber yard… Ms. Apisa: I just wanted it for the record, thank you. Speaker: No worries. (Inaudible). I heard Mr. Oliveria, talk about the use of compressors, I am assuming the industrial compressors. Mr. Caldeiro-Oliviero: (Inaudible), it will be same testing as we so on Big Island. Speaker: Will it be out in the open? Ms. Higuchi Sayegusa: We don’t allow (inaudible). This is your time to provide your testimony. Speaker: My concern is if the compressors are going to be just out on the slab, its going to be very noisy as far as I now. (inaudible), in a small building with insolation. Would that be the case? Chair Cox: Thank you. Speaker: Aloha (inaudible) Pacific Resource Partnership. And like I said we represent carpenters, contractors, who work here in Hawaii. And you know, (inaudible). You know you heard from the members they are the ones that work here, its going to take the work away. You have heard that straight from, that is why this intervention was for it so we can lay it all out and show you the facts, show you what is real. By the way, we built thousands of affordable houses in the state of Hawaii, we have done a lot in Hawaii too. (Inaudible) its our guys out there building that stuff, our guys were there building and for free too. So, I take offense with this big corporation that has no face and this and that, you know. We are a real organization that represents real people that live here in Hawaii. Its offensive and it is going to take away jobs, it is. So, what’s the big deal? Let’s get it all on the table lets see it. That is what this intervention is about, it’s about the people Kauai. (Inaudible) SHPD documents that we pulled. Is there Nene goose? It seems to be identified. Its Ag. Land there is no agricultural connection with building these trusses. This is actually about building houses, there is no agriculture mentioned. And to a point it is a violation of the law. This is ag. land with now connection to agriculture and isn’t this one of the (inaudible) of the special permit, you got to follow the law, you know that is first and foremost. We got to represent the people of Kauai you heard from. (Inaudible) there lives. And they through out the numbers to like 2 dollars and 50 cents. A lot of people are going to lose their jobs and a lot is at stake. This is a company that is coming in you know, I guess they are based on the Big Island, and they are coming in and they are going to take these jobs away. So, we have to lay it out and get the facts on the table. (Inaudible) if feel we are not deceiving anyone here you heard it from the people of Kauai, right? Hear these guys, so thank you. Ms. Haz: Aloha. Terry Haz, for the record. I am about to lose my ride home with Billy. He is so upset. I am upset. We asked you to please slow the roll as we say in Hawaii. YOudon’t need to make this decision today, because you don’t have all the facts. I love Mauna Kea Trask for many years, I respect him as a person. But this Ka Pa aina, he showed me there are seven people on it, that I personally interviewed. Seven people personally. Ruperts testimony is not connected with that, his name is on there. I could pick it apart, many things (inaudible) I am telling you (Inaudible) told me that he received nothing. You are supposed to allow due diligence to show what is there. If you don’t know what is there, why are you allowing something to happen that is going to change the whole face of our community. People are up in arms. These guys left work to come here to talk to you and never had a chance because this went on and was so confusing (inaudible) you got me confused and I am pretty sharp, actually. I get what he is saying, and I get who they are but it’s the whole big picture that you’re failing to look at. And if you allow this, what is going to stop the next project? Oh, you are going to let them do it. Let’s just slow down let’s get the information in on the real analysis coming down the pike through Dr Hammond per Kukui’ula Development, I told you, I have already spoke to him today, he told me the as long as there is information in, they don’t close it there is not a deadline (inaudible), to tell this man who has who has cerebral palsy that filed a day late, I am appalled. He is gone now, that is why I was late, that gentleman had cerebral palsy, but he still filed the document for that area. This is adjacent to where you are talking about. You don’t want to hear what they have to say? I hate to say this but shame on you! That you are not listening to us. This is our life. This is Billy’s whole life! And again, the governor appointed him to protect Kauai, and you are not helping us. You are going in violation of what Aha Moku Advisory Committee is supposed to do. They have not had a chance to chime in. When I go home, I am to call his Susan Cases assistant, Leimana Demonte, that is what I was ordered to do. I also supposed to call Doner and tell him what happened. He said, “ask them, why haven’t they asked me about it? “I‘ve got nothing on it” and maybe they sent something, but Doner did not get it. Just like the lady who got hers at her door. You know, how do you know she got it on the 8th, the 7th or the 6th if its not certified mail? I think one of them was. But you are just listening to stuff. Ms. Higuchi Sayegusa: Three minutes. Ms. Haz: We have got stuff to say. We have a lot of stuff to say, and you are not giving us a chance. So, we are asking for a chance to continue this hearing. Please. Give us chance to give us the evidence to make an informed decision. How can you make an informed decision without information? Its pie in the sky that you are doing. There is no need to rush this, there isn’t land for affordable housing. The land for affordable housing is not in Poipu. You said it sir, I appreciate that, why did pick Poipu, because Pinkerton is doing a gazillion condos across the street. That is where all this is going to go. If you think that is not the truth, you think its not? Wait. That is all I can say to you, my dear. I know I am not supposed to talk to them, but the point is you got your blinders on, I know we have mask on, but I think your going over your ears at this point or your eyes, maybe? You know, you are not seeing this for what it is. I apologize I am very passionate about it, I worked for to help preserve the pono lifestyle here, it is not easy. Its not easy. Not in environment where everybody has a chance to help and doesn’t. You look at us like oh, well. Oh, you know, this isn’t going to happen. Maybe it will be ten trucks, you know when I am in my home, I can hear every motorcycle that go in bypass. Because the bikers ride every Sunday. You can hear them all the way up the bypass. Why wouldn’t I hear those trucks barreling down, barreling 7:00 in the morning? No, thank you! 8:00 in the morning? That doesn’t sound good either! (inaudible) this project doesn’t belong here; it can be else where and that is the point. Oh, and they don’t want to have to drive on the highway? No body does! So, live all the developments, look at all the cars there’s a lot of solutions. Try Catalina island’s philosophy. You don’t let another car in (inaudible). There are solutions to this. Mass transit, But you are not looking at that, what you are doing is you are allowing more transit, more trucks, more everything. And nobody seems to really care, and nobody is really looking, but come on down to Poipu. And try to get down my street when it’s totally packed with people, and God forbid we get a tsunami, and you will be responsible for all of those who can’t get out and have no place to go. We are scared because we see what’s happening because we live there. And if Billy wasn’t outside and so furious, he would come in and tell you so. But he is beside himself. So now I am going to go, and I am going to thank you, but I am going to beg you to not make a decision on this today, because you no not have all the information you need. Mauna Kea did a great presentation because that is what he does. Because he is good at his job. God bless him for finding him and a soul However, there are some issues here that are not right and when they are not right, they are not right. That is what I got to sat about it. And I hope you all consider it. You don’t need to make a decision today. Who needs a truss tomorrow? Raise your hand. Nobody! Thank you. Mr. Kimura: Good Afternoon, Max Kimura again for community association of Po`ipu `Aina Estates. I have a sense that maybe you, the commission has a, you know, a rush, a deadline. You guys mentioned June 24th is the deadline (inaudible) actions taken the HPM’s application automatically approved. But I do recall reading in the commission rules that this commission can ask for an extension, I believe a 30- or 60-day extension. Maybe you all might wanna think about that. And is that 60 days, that you allow my client and other people to intervene and let’s have a full hearing. Because once again, we would ask the hard questions of HPM. I sit here and I listen to Mauna Kea speak on behalf of HPM and HPM’s representative speak, and I have a lot of questions for them. You know, I scratch my head and says, well, you can’t accept what they see at face value, it needs to be cross-examined. Let me cross-examine them. You know, I misspoke earlier (inaudible). I was at a disadvantage. I didn’t have my client sitting next to me, to clue me in on the dates but I misspoke. My clients got a letter from Mauna Kea Trask on April 22nd, the letter is dated April 22nd. That’s when they found out about this matter. About HPM’s Building Supplies giant, monstrosity of a building facility. My clients engage in conversations with HPM via email. They were talking about, oh, can we try. My clients trying to work with HPM. Oh, then the size, the concerns about the color, you know, the pure white, why is this thing, you know, all white, against this green scenery. So, they were engaging in conversations via email but it suddenly stopped. The ball was in their court. My clients gave them a list of things that they wanted that HPM to, you know, to consider and, you know, amend in their plans but the conversation stopped. And then they be like, oh. And my clients, you know, being good people they are, they thought, oh, they’re gonna act on my clients’ suggestions but no, nothing was done. They came to the May 10th hearing, the day before, look, the hearing is already tomorrow, May 10, you better file something, so they did, on their own. So, then my clients come to the May 10th, and they see what’s going on and after that, you know, they start to think, hey, we need to hire a lawyer cause this is bigger than (inaudible). Because I think, as you can see, my dear commission, that this is huge. That do not rush, like everyone said. Make a decision, ask for an extension. In that time, please consider again, the intervention by myself, by my clients, cause we will be filing an appeal. Because this is not gonna stop here. Let’s give everybody an opportunity to questions, Ms. Higuchi Sayegusa: Three minutes. Mr. Kimura: Cross-examine HPM. Thank you very much. Chair Cox: Thank you. Mr. Trask: Chair, I wanna just respect the request to be able to refuse (inaudible) petition again. So, I just like to (inaudible). Again, those neighbors are… Ms. Higuchi Sayegusa: Again, we’re on the Agency Hearing, we’re trying to wrap up the testimonies at this point. And get through that. So, is there anyone else in the public, wishing to testify? Michael McDermott: Hi everybody. My name is Michael McDermott. I was on the sign-up list earlier, but I had to leave. I work with HPM. I was with the truss company in Hanama`ulu for 20 years with Mike (inaudible) and (inaudible). I had to leave today cause I had a truss delivery to a local person, that lives up in Kapahi, building a house for his son. I left here to delivery that trusses. (inaudible) ship um here from Hilo. Wish we could’ve done it here. Our truss plant that we worked at for 20 years is in Hanama`ulu. Directly across the dirt, I don’t know if you guys know where Back Country Adventures is but, directly across the neighborhood in Hanama`ulu. Our saw was probably about from here to the adjacent building away. 20 years, we had not one complaint. A lot of these people’s homes in Po`ipu `Aina, I delivered almost all of um. All of um, we had to do by wide load escorts. They all wanted (inaudible). They had no problems when we got there at 4 in the morning. The neighbors had no problems across the road in Hanama`ulu, when we brought it to them. Now we don’t discriminate, we here for help people. We not here for take jobs from the Union. We here to work with the Union. As we have been for years. We’ve done many jobs. I’ve delivered many jobs. I know foreman’s and everybody on a first name basis. They see me coming in, they excited, it’s truss day. I’m for this truss, we just need a place to continue helping out people. I delivered, all the (inaudible), almost, if not all, affordable housing, you know, everywhere. Hawaiian Homes, constantly bring houses out there, all the time. We wanna still help out and do that. And we did it for 20 years in Hanama`ulu. (inaudible) I went door to door trying to ask people for testimony for over there. Everybody’s all for us. We no need one hearing, at all. An as far as trucks going in and out of Koloa, there’s a ton of trucks going in and out every day. If you ask me, there’s 1500 dune buggies going in and out of there every day. You know, I’m not here to argue about what they say, I’m just stating facts. From my point of view, from where I work for 20 years, and I have had no issues. When we deliver, we wait till people wake up. We follow the rules. We do everything by the book. You know, and as I said, I had to leave today to deliver a house to someone. (inaudible). I get where they’re coming from (inaudible), we did all their roofs. They were our customers. They got their roofs from us. Wide load, giant loads, everything (inaudible). Wasn’t one issue when they got their stuff. So, you know, not to start arguments with anybody but without (inaudible), you know. Ms. Higuchi Sayegusa: Three Minutes. Mr. McDermott: A truss plant for us local people. Keeping all our workers local. I mean, we going get paid from this, we going to put the money back into the economy, not into the community, we don’t go anywhere. Our paycheck goes straight to this economy, straight to the local grocery stores. You know, HPM is like an Ishihara Market, like a Hamura Saimin, we just don’t see it because they’re in Hilo. And Hilo, their main store, it’s like a landmark. And we just trying to bring that here, you know. People still, grandpas and grandmas cut their hair at Ikeda’s. HPM is the same thing. They been here forever. They just moving here just because they wanna help out more local people. They not mainland, there’s no HPM in California or Florida. You know, and that’s why we work for them, and they take care of us, and they treat, you know, I believe, with your approval for this facility, we’re gonna continue that and we’re gonna make a difference. We just need the opportunity. And I appreciate your guy’s time. Thank you so much. Chair Cox: Thank you. Ms. Higuchi Sayegusa: Anyone else in the audience wishing to testify? Okay, I’m gonna turn it over to Myles, to recognize and hand, and any people that joined by Zoom, who with their hand raised wanting to testify. Myles Hironaka: Yes. Hi. We have some people that (inaudible) and I’ll start with attendee Tara Rojas. I will enable your audio and (inaudible). Turn on your video and also your audio. Ms. Rojas: Aloha, so (inaudible) being all for local, you know, companies and support local. However, as I was sitting and listening to the hours of testimony (inaudible) but especially these (inaudible). (inaudible) a presentation and this HPM and the PRP guys aren’t they. All I could think about was this, (inaudible), you know, (inaudible) passion (inaudible) defending why they should be the one, you know, chosen, or why you should be in favor of them. And the only thing I can think of is this, the same thing they’re saying is what kānaka maoli (inaudible) cause why, Hawaii, is what kānaka maoli have been saying all this time, the same thing. Pleading, stating their case. Not only for 5 years that they been here, 5 years that they working here, no, for generations. When is enough, enough? (inaudible) how come (inaudible) entities in (inaudible) able to get these special 5, 10 minute, you know, long testimony, and able to get this interaction with you all. Back and forth, back and forth questions and listening, Executive Session, and then went recess, and another Executive Session, when do kānaka maoli, get that same respect? When do kānaka maoli get to be heard? When does the community get to be heard? Why is it that only when companies come in, with bells and whistles, local or not? Why is it only them? Bells and whistles, money, developers. All these other people, why do they get precedence? And the kānaka maoli are always put to the side. Couldn’t even answer the one question about, how many of you on the Board of Commission right now is kānaka maoli (inaudible) blood or connected to this land? I am not of blood, I’m not of koko but I’m born and raised here, and I respect our (inaudible). It’s time for what all they been saying. It’s time to hear the kānaka maoli and the long-term residents, born and raised. Please leave Hawaii, Hawaii. If after all of this, you just gonna revert, no sense. I heard that you guys are finally starting to listen but still, just approve, aye, aye, aye. This has to stop. We need kānaka maoli, we need people connected to the `aina, and the wai with kānaka maoli indigenous mindset. We need those people in these positions, on this colonized system, boards and everything, we need them on. Because things will definitely change. Ms. Higuchi Sayegusa: Three minutes. Ms. Rojas: (inaudible). Enough is enough. No is no. Please listen. Please make the pono decision. Please decolonize your mind. Mahalo. Chair Cox: Thank you. Ms. Higuchi Sayegusa: Myles, is there anyone else with their hands raised? Mr. Hironaka: Sorry, yes. Attendee A.S. I will enable your audio and video. What you will need to do is click “Join as panelist” then you can execute, start your video and unmute yourself. A.S.: Hi. Mr. Hironaka: Hi. Okay, go ahead. A.S.: I feel like I’m living in a parallel universe, listening to this today. Anybody from any other place in the world would hear 95% of the community saying that they don’t believe that this factory should go in Po`ipu. With numerous reasons why, archeological, environmental, traffic, pollution, you’ve heard them all. The (inaudible) of the culture and yet it looks like people sitting up on the dais are about to approve this. It is very difficult to understand. It’s almost as if the (inaudible) were in. Or an agenda that you were trying to keep up with that nobody else has been made aware of. There is no reason to rush this. There’s no reason to put this factory in Po`ipu. If the gentleman that was speaking that works for HPM wants to continue working there so badly, and I appreciate that. That’s his job. This factory could go in Puhi or anyplace. To put this in Po`ipu is absurd. Please listen to the community. That is your job, that is your role. Mahalo. Chair Cox: Thank you. Mr. Hironaka: Thank you. Okay. C. Martin? I’ll enable your audio and video and what you need to do is click “Join as panelist”. C. Martin? Ms. Martin: Hi. This is Christine Martin. Mr. Hironaka: Go ahead. Ms. Martin: You know, I think that Mauna Kea Trask has done a very smooth job of presenting and representing his client, but I have to say I take exception with the way he painted the residents of Po`ipu `Aina Estates. As unwilling to work with them and not accepting of any proposed, you know, proposal that is presented regarding the ag land. You know, we tried to work with them, and they went silent. And, you know, we tried to let our voices be heard by filing the petition to intervene as best we could, with limited knowledge as you know, homeowners without a lot of backing or money to put towards this. And when we filed our petition or tried to file our petition, the city counter (inaudible). At that point we knew we had to get an attorney so our voice could be heard. And then I just wanna address, you know, there’s other uses right now, that Grove Farm is just leased land to an organic farmer right adjacent to us. 27-acre farm, using, used to grow organic fruits and vegetables. I mean, we highly support her. That’s an example of what the land should be used for, not for this. And I just ask that you would consider taking more time to find out if the assertions that HPM is putting forward cause I think they’re pretty weak. But thank you. Thank you very much for your consideration. Chair Cox: Thank you. Mr. Hironaka: Alright. Thank you. Okay, attendee, Kulanui Perez. I’ve enabled your audio and video. What you’ll need to do is click on “Join as panelist” and then, oh ok. Okay, go ahead. Ms. Perez: Aloha. So, I just want everyone on the board to remember that you’re there to work for the community. Your decisions is to work for us, the community and not these big companies that are trying to bulldoze over all of us. So, when you guys make your decisions, you should be making your decisions based on the community’s testimonies and not some big wig companies and their lawyer who paid like a $10 subscription to (inaudible) to make you guys a pretty little PowerPoint. This should be your decision should all be based on all what the community has said, in this room and on this Zoom. And I just wanna close that as my statement. Thank you. Chair Cox: Thank you. Mr. Hironaka: Thank you. Anyone else that is on Zoom that would like to present any testimony, that hasn’t spoken and would like to present testimony? Please raise your digital hand. Seeing none. Jodi, send this back to you. Ms. Higuchi Sayegusa: Thank you very much. So, I think we’ve sufficiently extensively gone through the HPM hearing and testimonies at the point. Chair Cox: Do we have a motion to close the Agency Hearing? Ms. Apisa: Move to close the Agency Hearing. Ms. Otsuka: Second. Chair Cox: So, moved and seconded. All those in favor of closing the Agency Hearing? Aye (Unanimous voice vote). Motion carried 4:0. Ms. Higuchi Sayegusa: Okay, we’re back to the recommendation, in light of the testimonies, Chair did you wish for our planner to read through the conditions of the initial proposed conditions, and then possibly some additional conditions to address some of the testimony concerns? (inaudible) the daily traffic issues, visual litigation, noise litigation and did you also want to venture into operating hours? Chair Cox: I think we definitely wanna hear the conditions, even though we’ve had them. We’ve had a request from the audience that they don’t have the conditions, so, we would like you to read all the conditions. Mr. Cua: Sure. (Read the conditions from the Director’s Report) Chair Cox: Thank you. Then we also did have some based on testimony, the department has come up with some other recommendations that we might want to consider. Do you have those too? Mr. Cua: Yeah. (Read additional recommendation from the Department) Chair Cox: Okay. Any discussion? Ms. Higuchi Sayegusa: Perhaps we can clarify for the applicant, with the applicant, if that’s something (inaudible). Ms. Apisa: (inaudible) I’d also like to hear from the applicant. Any corrections that (inaudible). Chair Cox: And I would also like to, if we could hear from the applicant on the answer to the question about compressors, cause you know I didn’t get a chance to ask. Mr. Trask: Oh okay. For the record, Mauna Kea Trask. There will be compressors. I’m not sure what type of compressor Mr. Hassan is talking about but what Mr. Oliviero said, the compressors we’re gonna use are high-tech sub contained, and they were included in the sound decibel measurements that he had taken previously and had sent to you. Now I just add, HPM (inaudible) absolutely nothing (inaudible) to this commission, I mean but, everything we say is required has to be truthful and it doesn’t be (inaudible) to make up the numbers, those are the numbers. With regard to the conditions, it’s all fine, we have no objection to them. Some of the things I just wanna talk about briefly. With regard to just the notice of the neighbors. We sent a letter, this is in the affidavit, by certified mail April 5th, as required. I don’t know what they’re talking about, 30 feet. It says right here, in accordance with Section 8-3.1, of the CZO, as codified, the applicant is required to mail a written notice of public hearing at least 12 days prior to the public hearing, throughout at least 85% of the owners, who in 300 (inaudible) feet from the nearest point, etc.…And there was emails (inaudible). And we got some calls after that initial April 5th letter. So, in addition we sent out another letter. This was not required. HPM wanted to send out, the first one was on my stationary, the second one was on theirs. And we explained it further. This was dated April 11th; this may have been what the other gentleman had received on the 20th or something. But it just goes to show that we had sent a letter prior to the required, we sent the requirement letter after the required. We’re committed to working with this. We’ll talk to the neighbors. We’ll call who they want, what earth tones would you like? No problem with that. As far as the, as how to address the Hawaiian issue. This property that this sits upon, was a royal grant given to R.W. Wood, by Alexander Liholiho, Kamehameha IV in 1855. This was crown land, this is what he gave, his own crown land for all the hoopla and the overthrow and the annexation. I was at Liholiho’s property. He sold it because (inaudible) company had established, a failed but R.W. Wood came and he was a doctor and he, they took off. That was Koloa Sugar. That was the beginning of the sugar industry in Hawaii. I have my own personal feelings about that. It’s not relevant till today but the king gave, sold it to him. This is not a Hawaiian island that has been stolen, it’s a Hawaiian island sold. The unique species, the desecration, does it apply here? It’s tied up with what you’ve heard. The other developments, the other stuff, it’s not within this. So, I just wanna correct that as important. (inaudible) to the applicant and say that. Message me, (inaudible) me but (inaudible). Ms. Apisa: So, you have no objection to, or you accept all the conditions, the applicant accepts all the conditions. Mr. Trask: Yeah, we do. Thank you. Chair Cox: Thank you. Okay, I feel a discussion. Ms. Otsuka: Yeah. (inaudible) these guys. Chair Cox: Okay. Ms. Otsuka: I’m not sure this is appropriate. You know, like how we did with the Beach House. We asked them to put or check and get the reports to Planning Department. Chair Cox: Status Reports? Ms. Otsuka: Yeah. I don’t know if that would make a difference. You know, so, (inaudible)18- months. We would review their situation and see if this goes through. What the community has to say in 18-months. (inaudible) anything new to say or I don’t know (inaudible). Ms. Apisa: I think what I’m hearing you say is, the applicant give us a status report within 18- months? I think it’s a little different than the Beach House, in that, they were an established business in that way. (inaudible). Ms. Otsuka: (inaudible) condition, if they were to be approved. Ms. Apisa: Yeah. If they were expanding, something that was already there. It doesn’t have the expense of setting up a whole new business. Might be a little different factor. Chair Cox: But on the Status Report? Ms. Apisa: On the Status Report in 12 or 18 or 24 months. Would be reasonable. Chair Cox: (inaudible) the applicant is okay with that. (inaudible) Ms. Higuchi Sayegusa: So, just to further clarify. You folks are looking at a 12-month (inaudible) annual report or is it within the next, within the period, 18-month approval to provide a status report? (inaudible) Ms. Apisa: I would say 12 to 18, within 12 to 18 months. Chair Cox: Yeah, I agree. Ms. Otsuka: Upon completion of building. Ms. Apisa: Or start of operation. Ms. Higuchi Sayegusa: Start of operation. Ms. Apisa: 12 to 18 months, from start of operation. Ms. Otsuka: Just so we can hear what the community (inaudible) Ms. Apisa: The conditions are being met. Make sure the conditions are being met. Ms. Otsuka: Yeah. Cause in the appropriate world everybody works in harmony. Chair Cox: Any other conditions that you would like to add or are there any other concerns? Discussion (inaudible). Ms. Higuchi Sayegusa: So, perhaps we can just summarize, I think we’re swapping out, condition pertaining, number 4, to the language that was read (inaudible), pertaining to visual (inaudible). So, medium or dark earth tones, specifically brown, gray, green or gray. In addition, imposing a new condition that would be number 13, regarding traffic, that was read, limiting traffic, except for (inaudible) within Koloa town and Po`ipu to Ala Kinoiki and onto Maluhia to access Kaumuali`i Highway. In addition, another condition, 14, regarding noise mitigation, on the decibel levels, that was previously read by Planner, Dale Cua. In addition, it’s another condition, 15, pertaining to the Status Report due within 12 to 18 months from the start of operations to the Planning Commission related to or in compliance to all the conditions. Chair Cox: Any other discussions? Yes. Mr. Hassan: For the record, my name is Kamal Hassan. So, if the conditions are not met in that period, is the applicant prepared to close down? Ms. Higuchi Sayegusa: Usually how that works is, if there ever is an issue on compliance, it would be something that could be subject to the (inaudible) Hearing and heard before the Planning Commission on why the permit should be modified or revoked. So, yes, the conditions once opposed for any particular permit is (inaudible) and there’s a mechanism to make sure that it’s heard, and that compliance is done through another hearing at the Planning Commission here. Thank you. Chair Cox: (inaudible). Commissioners, we ready to move ahead. (inaudible) make a motion. Ms. Apisa: I…Gerald, do you wanna make a motion? Mr. Ako: No. Ms. Apisa: I move that, we approve planning or CLASS IV ZONING PERMIT (Z-IV-2022-8), USE PERMIT (U-2022-8) and SPECIAL PERMIT (SP-2022-1) to operate a construction material manufacturing facility on a parcel situated immediately adjacent to the Old Koloa Sugar Mill site in Koloa, along the eastern side of Ala Kinoiki, approximately 3,300 feet west of the Weliweli Road/Ala Kinoiki intersection, further identified as Tax Map Key: 2-9-001:001, and affecting a 3-acre portion of a larger parcel = HPM BUILDING SUPPLY. With the 15 conditions as read into the record. Ms. Otsuka: Second. Chair Cox: We’ve been moved and seconded. Any last-minute discussion? In that case (inaudible). Ms. Higuchi Sayegusa: Sure. Roll Call. Yes. Roll call vote. Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair Cox? Chair Cox: Aye. Ms. Higuchi Sayegusa: Motion passes. 4:0. Ms. Apisa: I guess, I do feel the need to say that I did hear the community and I am sensitive, and it obviously was not an easy decision. This has been an all-day meeting with primarily one agenda item. I do appreciate the input from the community, and I am hopeful that this will all work out peacefully. Chair Cox: I believe that’s the thoughts of all the commissioners here. ANNOUNCEMENTS Ms. Higuchi Sayegusa: With that Chair, we are on Item N. Announcements. 1. Topics for Future Meetings, I believe that our next scheduled would be on June 28, 2022. We ae hoping for a pretty light meeting. That day we have several zoning amendments measures to be heard that day. But at this point, not, no permits at this point (inaudible) on the 28th of June. With that, we’re on Item Adjournment. Chair Cox: Can we get a motion to adjourn? Ms. Otsuka: Motion to adjourn. Ms. Apisa: Second. Chair Cox: All those in favor? Aye. (Unanimous voice vote). This meeting is adjourned. Motion carried 4:0 Chair Cox adjourned the meeting 5:16 p.m. Respectfully submitted by: ___________________________ Lisa Oyama, Commission Support Clerk ( ) Approved as circulated (add date of meeting approval) ( ) Approved as amended. See minutes of __________ meeting. 1 KAUA‘I PLANNING COMMISSION OPEN SESSION MEETING AGENDA June 28, 2022 DRAFT The regular meeting of the Planning Commission of the County of Kaua‘i was called to order by Chair DeGracia at 9:01 a.m. - Webcast Link: https://www.kauai.gov/Webcast-Meetings The following Commissioners were present: Ms. Donna Apisa Mr. Gerald Ako Mr. Francis DeGracia Ms. Lori Otsuka Excused or Absent Ms. Helen Cox The following staff members were present: Planning Department – Deputy Director Jodi Higuchi Sayegusa, Staff Planner Myles Hironaka, Dale Cua, Kenny Estes, Shelea Blackstad and Planning Commission Secretary Shanlee Jimenez; Office of the County Attorney – County Deputy Attorney Laura Barzilai, Office of Boards and Commissions – Support Clerk Arleen Kuwamura and Support Clerk Lisa Oyama. Discussion of the meeting, in effect, ensued: CALL TO ORDER Chair DeGracia: Called the meeting to order at 9:01 a.m. ROLL CALL Deputy Director Jodi Higuchi Sayegusa: Commissioner Ako? Commissioner Ako: Here. Ms. Higuchi Sayegusa: Commissioner Apisa? Commissioner Apisa: Here Ms. Higuchi Sayegusa: Commissioner Otsuka? Commissioner Otsuka: Here. Ms. Higuchi Sayegusa: And Chair DeGracia? Chair DeGracia: Here. Ms. Higuchi Sayegusa: And Chair Cox is absent today. You do have a quorum. Chair DeGracia: Thank you. Ms. Higuchi Sayegusa: Item C. approval of the agenda. D.5. Aug. 16, 2022 2 APPROVAL OF AGENDA Chair DeGracia: I believe there’s a recommendation. May I please get a motion to amend agenda L., to immediately follow item F. 4.? Ms. Apisa: I move to approve the agenda as amended. Ms. Otsuka: Second. Chair DeGracia: It’s been moved and seconded. (inaudible) to amend the agenda, to have Item L, immediately follow F. 4. All in favor say aye. Aye. (Unanimous voice vote). Oppose? Hearing none. Motion passes 4:0. MINUTES of the meeting(s) of the Planning Commission Ms. Higuchi Sayegusa: Item D. minutes of the meetings of the planning commission. We have 2 minutes. First, we have November 9, 2021, minutes. Ms. Otsuka: Are we doing it single? Ms. Higuchi Sayegusa: We can do both of them together if there are no amendments or alterations. Chair DeGracia: Any discussion on the minutes if not, I’ll take a motion to approve. Ms. Otsuka: Motion to approve minutes of the Planning Commission meetings, dated November 9, 2021, and December 14, 2021. Mr. Ako: I’ll second. Chair DeGracia: Motion on the floor is to approve the minutes of November 9, 2021, and December 14, 2021. All in favor say aye. Aye. (Unanimous voice vote). Oppose? Hearing none. Motion passes 4:0. RECEIPT OF ITEMS FOR THE RECORD Ms. Higuchi Sayegusa: Item E, Receipt of Items for the Record. Right now, we do not have anything to add to the record. HEARINGS AND PUBLIC COMMENTS Ms. Higuchi Sayegusa: Item F, Hearings and Public Comments. This morning testimony will be taken in the following manner. First, we’re going to recognize all speakers who have signed up to testify in person and who are physically present at the publicly noticed meeting location, Lihue Civic Center Moikeha Building meeting room 2A, 2B, 4444 Rice St. Lihue, Kaua`i, Hawai`i. Next, we will recognize all attendees who have elected to join the meeting using the Zoom link provided on the agenda. All testifiers will be given 3 minutes per testifier per agenda item. If you're not interested in providing testimony, please indicate so when you are recognized. Please also note that the meeting is viewable through the live stream broadcast at www.kauai.gov/webcast-meeting. Please note though that the live stream broadcast does not allow viewers to provide testimony. 3 Please refer to the agenda for instructions on how to provide public testimony. This morning we do have one registered speaker, Tara Rojas. Ms. Rojas: Aloha. So, I’m Tara Rojas. I’m from Hawaii and I have more things to say but…But I just wanted to say in general, so I've been testifying online, and I came here in person just to let you know that we are watching. We are keeping, you know, we wanna hold you accountable. Because you’re this body of this committee right here, is making the decisions that are affecting Kaua`i. The desecration, the displacement of kānaka maoli, and I wanted to share with you what I read in the Kaua`i (inaudible) plan. And I found the 2018 another one previous and, in a nutshell, if you look at right on the first page where it says… Chair DeGracia: Excuse me, let me interrupt real quick Ms. Rojas. Ms. Rojas: Yeah. So… Chair DeGracia: Which agenda item are you… Ms. Rojas: H.1 and H. 2., yeah. H.1 and H.2. So, I’m commenting on those and it’s kinda all tied together. Where if you look at the heg, hegben or hedgeben, I don’t know how to pronounce it, the Investments LLC. (inaudible) in Idaho. That’s an example. I know they’re coming here for an appeal but just to show you that these are outside (inaudible) entities, coming into Kaua`i, coming into Hawaii in general. And they are, pretty much just taking over. So, what's happening right now, you know I watch the last planning meeting where you approve Kukui`ula. Now I want to say this if in the, I’m tying it all together. That the general plans states that it’s community generated, you’re here for the community. Like the la Hōkūleʻa page 1 says, it’s created through community. At the other page, it said about the mayor Carvalho, it said, and I’m gonna, hold on, take it off here, where it says, basically, if you look on the general plan, the 568 pages, you know, general plans in 2018. It does say that we are not, it’s not for our own selfish and individual interest, it’s for the best, the best interest of the community. Now I was online, hundred percent in opposition to approve the Kukui`ula subdivision, from like, February, you know that that, so, the decision was made. Hundred percent to a`ole, no. And none of you listened, you all voted for it. So, what happened? What is it, this living document, about the Kaua`i general plan, that you’re not even gonna listen to the community? They been saying, they been saying for one year and a half about Koloa, Kukui`ula all these developments. And if you read your own plan, it does state in the 568 pages plan, it says in there about the watershed the Kahawai. It states about the `aina, it states about the housing. So, all of that if you read it carefully and it’s on the other page, I can’t, you know, go back to that but, (inaudible) in 3 minutes. But basically, if you read that plan and you really look at all of the decisions that you guys are making from the last meeting, (inaudible), till now. You are not listening to the community. The only person that was for Kukui`ula, that was for that development, was the people developing. And I’ve looked and went and found and I been researching. The people on the Kaua`i Planning Commission… Ms. Higuchi Sayegusa: Three minutes. Ms. Rojas: …stepped down yeah and are now working for the developer. So, I just wanted to let you know, we are watching and please read your plan, that if it’s for Hawaii, for Kaua`i (inaudible), for Kaua`i, community based for the betterment. Where it doesn’t say anywhere on there about 4 luxury housing. And it does state over there, the median price for housing is 700,000, and it talks about the urgency and the need for affordable housing. So how can… Chair DeGracia: Excuse me, Ms. Rojas. Can you please wrap up your testimony? Ms. Rojas: …Okay. So how is Kukui`ula, how is Koloa, how is these outside investments, these companies and all of them coming in? Displacing kānaka maoli. How is that for the betterment of the community? So, please think about the decisions you make, that it’s not just a, oh, what you’re gonna check the box, we’re gonna do everything, da, da, da. Please stop the corruptions, stop the hewa. Please make things pono. This is Kaua`i. This is Hawaii. And Hawaii is only Hawaii because of Hawaiians, kānaka maoli. You are here. Read the 568 Kaua`i general plan and use that as your guidance for any of the decisions you make from todays meeting and on. Mahalo. Chair DeGracia: Thank you for your testimony. Ms. Higuchi Sayegusa: Just to clarify, Kukui`ula is not on today’s agenda. Ms. Rojas: But it’s all tied in together. Ms. Higuchi Sayegusa: Yeah. Ms. Rojas: Within this (inaudible). Ms. Higuchi Sayegusa: Anyone else in the audience here today that would like to testify on any agenda item at this point? Seeing none, I’m gonna turn it over to Myles to recognize any Zoom caller or Zoom attendees to join the meeting by Zoom. Staff Planner Myles Hironaka: Morning, Mr. Chair can you hear me? Chair DeGracia: Yes. Mr. Hironaka: Yeah, okay. We do have some attendees that have joined us on Zoom. I will start with attendee, Alfred Keaka Hiona Medeiros. I have enabled your audio and video, please click on “join as panelist” then you’ll be able to start your video and also unmute yourself. There you go. Mr. Medeiros: Aloha. Aloha kakahiaka. Alfred Keaka Hiona Medeiros. I’m sure you guys know me already. We going talk about Koloa again. You guys need to stop what’s happening. and I don't know if you guys seen the news recently. But there's a certain DPP former GPP employee that recently is being sentenced to jail. Chair DeGracia: Excuse me sir. Mr. Medeiros: For her crimes… Chair DeGracia: Sorry for interrupting but… 5 Mr. Medeiros: …of illegal permits permissions. No, you guys going listen to me this time! You guys need to (profanity) listen to the people! That’s you guys’ problem! Too much talking, not enough listening! I was nice! Now you guys trying to cut me off because it’s not pertaining… Ms. Higuchi Sayegusa: Sorry, we’re not going to tolerate this… Mr. Medeiros: …to the agenda! It’s pertaining to all the agenda! Ms. Higuchi Sayegusa: Swearing at us. Mr. Medeiros: Listen to the people! I not going listen to you, you going listen to me! Understand that the people are watching and the corruption gonna stop! You guys can go prison just like her! Understand that! You guys think we playing?! We not playing! We not playing! Take it how you like it! But you going listen to the people! I tired of you guys talking and not listening to the wahine that are there in person! Listen! This pertains to everything that you guys are doing because you guys are corruption! Yes, Department of (inaudible) Planning is letting these things go and their getting busted now! The Feds are getting involved and if you guys don’t listen to the people, and do what’s right, you guys going join them in prison. I promise that. You guys think I playing? I’m going be calm now and talk to you guys politely in this demeanor because you know what, this is serious. Look at me in my face when I talk to you guys. This is not a game no more. You guys are pushing our kānaka out of our homes. You guys are desecrating our `aina. This is not no joke. You guys think we playing? No, our people are crying, our people are hurting! Yeah, this is not joke! You guys supposed to do what’s right for the people of Hawaii and Kaua`i! But you’re not! You’re failing! So, listen… Ms. Higuchi Sayegusa: (inaudible). Mr. Medeiros: …to me! Do your job right! Do your job right! Mr. Medeiros: No talk! Listen to the people! Chair DeGracia: (inaudible) 5-minute recess. Mr. Medeiros: That’s your (profanity) job! Chair DeGracia: Thank you. Mr. Medeiros: Public servants! Listen! K! Understand! You can argue with me all you like but (profanity) you (profanity)! I coming fo’ see (inaudible)! Chair DeGracia: Attention everyone, we’re gonna have a 5-minute recess and we’re gonna reconvene at 9:20. Thank you. Mr. Medeiros: (profanity)! (inaudible). I going show up in person! Watch me, yeah. I going stop you guys from corruption! I hope you guys understand that! (inaudible). You guys all corruption, all corruption! You guys all should be fired! All of you! Nothing… 6 The Commission recessed this portion of the meeting at 9:12 a.m. The Commission reconvened this portion of the meeting at 9:21 a.m. Called the meeting back to order after recess. Chair DeGracia: Meeting called back to order. Thank you everyone for that 5-minute recess. Felt that it was necessary to kinda steer this meeting back into order. I’d like to read a couple of things for everyone in participation. Mahalo to public participants who are attending in person or virtually on Zoom. Your presence and participation are valuable to the information during our decision-making process. Please be reminded that in the spirit of aloha, respectful communication and proper decorum are necessary to maintain an orderly meeting. Public statements or marks of aggression, threats of violence, profanity or personal comments about Commissioners or staff may result in the speaker's removal from the meeting. Please note Planning Commission Rule, 1-2-20-(g) Any Person or Persons who willfully disrupt a Meeting or Hearing to prevent and compromise the conduct of the hearing may be removed from the room. Mahalo for your cooperation during this meeting. Also, the public is encouraged to testify and express their views at our meetings. They can submit data, views and arguments in person, remotely or in writings on any agenda item. Hawaii Revised Statues, Chapter 92, authorize the Planning Commission to establish perimeters to conduct an orderly meeting. Commission Rule, 1-2-21, restricts testimony to the agenda item under consideration. Public testimony time is reserved for those wishing to testify on agenda items. Conducting an orderly meeting ensures that we can discuss everything on our agenda. Many agenda items are time sensitive, and necessary to ensure that the County continues to function. If you wish to testify or express your views on items not on our agenda. There are other ways to communicate this information. You (inaudible) a letter via regular email or email or discuss to the County general social media for help. Thank you for everyone. With that (inaudible). Ms. Higuchi Sayegusa: Going back to Myles. Are there any other attendees that are joining us by Zoom? Who would wish to testify? Mr. Hironaka: Yes, Mr. Chair we do have a attendee, Kiara Lorenzo Rodrigues. I will enable your audio and video. You’ll need to click “join as panelist” and you can start your video and as well as unmute yourself. You have 3 minutes, go ahead. Ms. Rodrigues: Aloha mai, can you folks hear me? Mr. Hironaka: Yes, we can. Go ahead. Ms. Rodrigues: I just wanna, first of all, just kind of reiterate the last Zoom that Keaka just had, and I just wanna tell you folks that he speaks outta the (inaudible) that he sees, and I know that our people get very vocal, but it’s been a very long time. Like, Aunty Tara said, of not listening to us, and it’s hard, especially when we sacrifice our time. Like, look, Aunty Tara is there again in person so you guys can hear her because she feels that Zoom is not a good way to speak and that’s all I meant. But I just wanna move forward by simply saying this, I don’t understand how these huge developments that have looming concerns throughout the community and have hardly any plans put into place, get passed so quickly. We see you folks take, I mean, like what, 3, 4, 5 minutes to just go ahead and pass these things and like Aunty Tara said, it’s hours and hours and hours of a 100% testimonies against it. And when it comes to residential homes getting a planning permits to refurbish their homes or 7 renovate whatever it may be, it takes much, much longer. So, what we’re trying to tell you folks is, we need you guys to do your due diligence. We command you folks. This is your job to the public. The public not being any malihini or visitors that come and spend a week. The public is the kānaka maoli, the people who live there, the people who are the caretakers of these lands. We also wanna 100% reiterate the fact that you guys have your due diligence to us as our culture and what these things mean to us. I understand that some of you do not get the depths of what should we speak, and it's hard to tell you folks in three (3) minutes how deep these things go because we would need a year for you guys to understand these spiritual alignments, cause they’re real and they’re true. Especially to our people. Our health and our well being is a direct example of how we suffer so much and how in these lands, that our people have lived sustainably for the past centuries. We are now a dwindling race. We can look at the kānaka maoli’s status of sustainability and progress and moving forward that we don’t have to be stuck in the old times, we can move together and be kānakas in the 21st century and be sustainable, cause my people were sustainable before that was even a thing. My people were eco-friendly before that was even a thing. They set the stage and we just need to follow. Mahalo. Chair DeGracia: Thank you. Ms. Higuchi Sayegusa: Myles, are there any other testifiers on Zoom? Mr. Hironaka: Jodi, that’s all that we…wait hold on. Yes, that’s all we have as far as attendees on Zoom. Ms. Higuchi Sayegusa: Alright. Thank you very much. I think that…is there anyone else in the audience at this point that is testified. Last call. Okay. We’re on Item F.1. Continued Agency Hearing Ms. Higuchi Sayegusa: There’s none for this meeting. New Agency Hearing Ms. Higuchi Sayegusa: No New Agency Hearing. Continued Public Hearing Ms. Higuchi Sayegusa: No Continued Public Hearing. We’re on to Item F.4. New Public Hearing ZA-2022-8: A bill for an ordinance amending Chapter 8, Kaua'i County Code 1987, as amended, relating to Comprehensive Zoning Ordinance (CZO). The proposal amends Sections 8-30.1 of the CZO relating to Additional Rental Units (ARU) and more specifically, qualification requirements involving ARUs = COUNTY OF KAUAI, PLANNING DEPARTMENT. Ms. Higuchi Sayegusa: We have the designated Planner here that we can turn to. (inaudible) proposal. Staff Planner Shelea Blackstad: Good Morning. 8 (Ms. Blackstad read the Director’s report into the record. Copy on file at the Planning Department.) Chair DeGracia: Commissioners any questions? No questions, please. Ms. Blackstad: Based on the foregoing evaluation and conclusion, it is recommended that Zoning Amendment ZA-2022-8 be approved. Chair DeGracia: Commissioners, do we have discussions on this item? Concerns? Ms. Apisa: No, it looked pretty straightforward. I don’t have any questions. Chair DeGracia: I believe this is similar to the one we had (inaudible). Ms. Blackstad: Yes. Chair DeGracia: (inaudible) units. Ms. Higuchi Sayegusa: Yeah, that…there was another proposal that was, that you folks reviewed and approved that similarly eliminated the rule by any requirements or reserved requirements for additional (inaudible) dwelling units, additional dwelling units. So this is very, very similar (inaudible) it was meant to be included in the previous proposal (inaudible) very simple measures to again, take that requirement off the table and to further (inaudible) for a petition of formal rental units and a petition (inaudible). Chair DeGracia: I’ll entertain a motion. Ms. Apisa: I move that we approve ZA-2022-8: A bill for an ordinance amending Chapter 8, Kaua`i County Code 1987, as amended, relating to the CZO. Ms. Otsuka: Second. Chair DeGracia: Okay. Motion was made to approve ZA-2022-8: A bill for ordinance amending Chapter 8, Kaua`i County Code 1987, as related to CZO. Roll call please. Roll call vote please. Ms. Higuchi Sayegusa: Sure. Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. 9 Ms. Higuchi Sayegusa: And Chair Cox? I’m sorry. Chair DeGracia? Chair DeGracia: Aye. Ms. Higuchi Sayegusa: Motion passes. 4:0. Ms. Higuchi Sayegusa: I’m sorry, that was also the. I apologize, that was the Public Hearing there’s also an action item, related to that item. We might have to, I mean… Ms. Apisa: We need to go back, and see? Ms. Higuchi Sayegusa: So sorry. Ms. Apisa: It’s ok. Ms. Higuchi Sayegusa: If you could recognize and see if there’s any testimonies and (inaudible) and also to deal with the hearing. You have to open and close the Public Hearing related to that item. I apologize. Everything was smushed together. So, at this point we do need to (inaudible) just get some clarification with the County Attorney. We did vote on the action item however, there’s still the Public Hearing that needed to be dealt with. Is there a requirement to roll back the action item and reopen the, open and close the Public Hearing and then go back to the action item perhaps? County Deputy Attorney Laura Barzilai: (inaudible) Ms. Higuchi Sayegusa: Sorry, could you…I’m not sure everyone can hear. Ms. Barzilai: My mics not working. Ms. Higuchi Sayegusa: Oh. Ms. Barzilai: My mics not working right now. I think an appropriate remedy would be to call for any additional testimony closing (inaudible). Ms. Higuchi Sayegusa: Okay. Ms. Barzilai: (inaudible) Ms. Higuchi Sayegusa: Okay. Chair DeGracia: Any additional public testimony on this agenda item? Woman in audience: Is this the County Zoning Ordinance? Ms. Higuchi Sayegusa: This is the proposal for the Additional Rental Units and to remove the (inaudible) reserve requirements. Anyone wishing to testify on that particular item? I’m not seeing anyone wanting to testify. Ms. Apisa: (inaudible). 10 Ms. Higuchi Sayegusa: Yeah. Myles is there anyone hand raised? Anyone’s hand raised on Zoom? On this particular agenda item. Mr. Hironaka: Is there anyone attendees that wish to testify on this agenda item please raise your digital hand? Having seen none Mr. Chair, turning it back to you. Chair DeGracia: Seems like we have somebody in the audience who wish to testify on this particular agenda item. Ms. Rojas: So, this is the additional rental units. Yes? I don’t think this is working. Ms. Higuchi Sayegusa: Yes, this is particularly the proposal to amend the CZO. To again, to take out the (inaudible) reserve requirements for the additional rental units. Ms. Rojas: Yeah, so just you know, just like we’re (inaudible) additional rental units or nay other decision about making developments, I just wanna add my two cents in, because I feel that I should and I can because nine (9) hours meeting, the last meeting, that was a lot and so, just to remind you all if you are so diligent to read the rules and the regulations for CZOs, for ARUs, for all of these other agenda items that come up. Can you please have and do the due diligence as well for these subdivisions and these housings, cause we talking about housing here, that displace, basically local, kānaka maoli residents. In addition, would looking at what you need to look at to approve an ARU or a CZO or you know, anything else, like the HRM, where it was again, 100% community said no, and you said, oh, you know what, based on these conditions we’ll approve it and then somebody asked, what happens if they don’t up, you know, follow these conditions, well we’ll have another meeting. We’ll come back in fifteen (15), fifteen (15) months but then we’ll have another meeting. The community said no, they said please no. So, think about what you’re doing, the decisions you make, in addition to housing and in addition to the wai, cause one thing I been wanting to say, whether it's a ARU, CZO, subdivision, the Kaua`i general plan says, we can sustainably provide 312 million gallons of water in that 2018 report, 568 pages report and I just want to let you know the Board of Water, Kaua`i Board of Water meeting, in April, they stated, and it’s in the minutes, on the bottom it says, and they stated live the last five (5) minutes of the meeting, they, did you all know that three (3) million gallons of water are leaking, and they don’t know where it’s coming from and they can’t find it. That was in April, so that means in May, June, and it’s gonna continue on, and because of the way the piping and the water flows, they can’t find it. So, I’m gonna state this, because again, I was on that 7, 9-hour meeting and then the next thing the same thing happened in a Hawaii County Council meeting. 7 hours, back-to-back, so 9 hours your all meeting, 7 hours of Hawaii Island meeting, and I know I kinda see like, rolling eyes and everything but we are spending the same amount of time to stand up and to remind you to uphold your kuleana. To read carefully what has been written and created by the community for the community of Kaua`i. Ms. Higuchi Sayegusa: Three minutes. Ms. Rojas: Yeah okay, so, please uphold your kuleana and have the same due diligence as you do for any other things for all islands. Mahalo. Chair DeGracia: Thank you. 11 Ms. Higuchi Sayegusa: Is there anyone else who wants to testify on this item in the Public Hearing? Not seeing anyone else. Ms. Apisa: So, we go back-to-back (inaudible)? I make a motion to close the hearing on ZA-2022-8. Ms. Otsuka: Second. Chair DeGracia: Motion has been made and seconded. Motion on the floor is to close Public Hearing for ZA-2022-8. All in favor say aye. Aye (Unanimous voice vote). Oppose? Hearing none motion passes 4:0. Ms. Apisa: Would it be appropriate to make a motion to ratify (inaudible) vote on this subject ZA- 2022-8 after the Public Hearing? Ms. Barzilai: (inaudible) Ms. Apisa: I would like to make a motion to ratify (inaudible) vote on ZA-2022-8. Now that the Public Hearing has been closed. Mr. Ako: I’ll second. Chair DeGracia: Motion has been made and seconded. Motion on the floor is to ratify the previous decision made for item ZA-2022-8. Can we get a roll call vote please? Ms. Higuchi Sayegusa: Sure. Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair DeGracia? Chair DeGracia: Aye. Ms. Higuchi Sayegusa: Motion passes 4:0. Ms. Higuchi Sayegusa: We’re on item, let’s see. CONSENT CALENDAR Ms. Higuchi Sayegusa: Nothing on the Consent Calendar. 12 GENERAL BUSINESS MATTERS Ms. Higuchi Sayegusa: Item H, General Business, 1.Clerk of the Commission’s Recommendation to Refer an Appeal of the Planning Director’s Decision related to the Denial of a 2022 renewal packet BY HEBGEN INVESTMENTS LLC for TVRNCU #4275 due to a failure to timely renew in 2022, Tax Map Key (4)45003001, Kapa‘a, Kaua‘i, received on May 23, 2022 via email for referral to Board and Commission as Contested case File No. CC-2022-4. Ms. Higuchi Sayegusa: So, for this item there is a lodged appeal of the declined Director’s action which denied a 2022 renewal of a TVRNCU. Our recommendation is to refer the matter to Boards and Commissions Office for the (inaudible) of the contested case and to, i.e., to handle the evidentiary portion of the hearing and then issue, in front of a hearings officer to issue or report (inaudible) back to you folks for your decision making. So, that’s our recommendation. You also do have the option of holding the contested case yourself but of course, that would also require you folks to act as the judges (inaudible) it could be needing special meetings for contested cases. So, you do have two (2) options. But then again, our recommendation is to refer it to a hearings officer that’s hired by the Boards and Commissions office. Ms. Otsuka: Is it this time that I make my motion? Ms. Higuchi Sayegusa: Yes. Chair DeGracia: Anybody here from the (inaudible) to make any comments? Anybody online? Mr. Hironaka: Mr. Chair, there’s no one online for this matter. Chair DeGracia: Thank you. Commissioners, any discussion? Or questions for the department? I guess we’re fully aware of our choices here, whether we take it upon ourselves to hear all the evidence and/or we refer it to Boards and Commissions, and they will assign a hearings officer to take all the evidence and then bring us back a report. Ms. Apisa: I make a motion that we refer this matter on HEBGEN INVESTMENTS LLC TVRNCU #4275 to the Boards and Commissions to assign a hearings officer to come back and provide a recommendation to this Planning Commission. Ms. Otsuka: Second. Chair DeGracia: Motion has been made and seconded. Motion is to refer this (inaudible) to Boards and Commissions and have them assign a hearings officer. Can we get a roll call, a roll call vote please? Ms. Higuchi Sayegusa: Yep, sure can. Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. 13 Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: And Chair DeGracia? Chair DeGracia: Aye. Ms. Higuchi Sayegusa: Motion passes 4:0. Ms. Higuchi Sayegusa: Item H.2. Amendment to Class IV Zoning Permit Z-IV-2000-27 and Use Permit U-2000-22 relating to an addition to the Kauai Police Department facility, involving a parcel identified as 3990 Kaana Street in Lihue, Tax Map Key: (4) 3-6-002:018 = COUNTY OF KAUA‘I. Staff Planner Dale Cua: Dale Cua on behalf of the Planning Commission. Mr. Cua read the Summary, Project Data, Project Description and Use, Additional Findings, Preliminary Evaluation, and Preliminary Conclusion sections of the Director’s Report for the record (on file with the Planning Department). Chair DeGracia: Thank you. Can we hear from the applicant (inaudible)? Assistant Police Chief Kalani Kaye: Morning Vice Chair DeGracia, fellow Commission members. Kalani Kaye with the Kaua`i Police Department. I’m here representing Kaua`i Police Department on this. So, just some background information and the reason for the request to amend. We’ve been dealing with parking challenges at the Kaua`i Police Department for many years now. Specifically, as it relates to our secured parking area, where we park our (inaudible) and also the evidence vehicles. What happens is, you know we, as part of our investigations we recover and required to hold vehicles for a period of time, and it ends up taking up space on what we are already limited on. So, a few years ago, we identified this lift system as a possible solution to our parking situation. And being able to consolidate the vehicles in a smaller footprint (inaudible) vertical. That’s why we’re here to make this request in front the commission. Can you hear me now? Sorry. Should I begin? Chair DeGracia: Okay. Mr. Kaye: So, yeah, so that’s why we’re here in front the commission today, so, any questions for me? Chair DeGracia: Commissioners any questions? Ms. Apisa: I’m familiar with this system at a affordable housing project on Oahu. Mr. Kaye: Okay. Mr. Ako: I know I (inaudible), I’m not familiar with this at all. 14 Ms. Apisa: I could. Mr. Ako: Yeah, no. I mean, but so the specificity here is just to house evidence cars? Or is it parking for, ample parking for employees? (inaudible). Mr. Kaye: No, it won’t be used for employee parking. It’ll be used for evidence vehicles that are more long term. Mr. Ako: Yeah, okay. Mr. Kaye: And it’ll be located in the, one of our secured parking areas on site. Ms. Apisa: Sounds like an elevator for vehicles. Mr. Kaye: That’s exactly, yes. Mr. Ako: (inaudible). Mr. Kaye: So, multiple level. It’s like a stepper I wanna say, system. Chair DeGracia: Commissioners any further questions either for the department or the applicant? Ms. Apisa: I think it’s creative and a good thing. Chair DeGracia: Nothing further, no discussion, no comments? Alright, Commissioners, if no further discussion or questions. Recommendation. Mr. Cua: Before I move onto the recommendation, would you like to (inaudible). Chair DeGracia: (inaudible). Mr. Cua: Okay, I’ll be moving on to the (inaudible) information. Based on the foregoing findings and evaluation it was concluded that (inaudible) development and facilities (inaudible) is reasonable and (inaudible). Proposed development would be in the best interest of the public’s health, safety, and welfare too. The project is consistent with a designation of the site as a County public facility (inaudible). The proposed development is compatible with surrounding commercial industrial properties of the Lihu`e Bus right there. (inaudible) the project (inaudible) standards within the general commercial district and special treatment public district section of the property (inaudible). This (inaudible) is to be best (inaudible) practices to ensure that the operation does not (inaudible) that will affect the health, safety and (inaudible) in the surrounding areas (inaudible). Moving on to the recommendation. Based on the foregoing (inaudible), it is recommended that both amendments, to Use Permit U-2000-22 and Class IV Zoning Permit Z-IV-2000-27 shall be approved. Applicant is furthered by all applicable conditions of the approval of the subject permits as indicated in the Planning Commissions (inaudible) dated March 10, 2000, shall (inaudible). Chair DeGracia: Thank you Dale. I see a hand in the audience. Ms. Rojas, do you have a comment or question? 15 Ms. Rojas: I just had a quick question. You know, just regarding that as I was listening to this (inaudible). I was just wondering, you know like, if I’m able to ask if, like you know, how much it will cost? And who will be paying for it? Ms. Higuchi Sayegusa: (inaudible). Is that your testimony (inaudible)? Ms. Rojas: Yeah. Ms. Higuchi Sayegusa: Okay. How much of the applicants (inaudible) time (inaudible) questions? Otherwise, we can get back to Ms. Rojas separately, if that’s okay. It is a county proposal, so, it is a county project. I’m not sure the exact cost on it but again, this is sort of the zoning measure to make, to lay the foundation to allow the project to proceed. To kinda get the land use proposals in place prior to the project actually getting contracted, procured, and contracted and (inaudible). So, it would have through procurement, which will likely have a cost component to value low cost as a priority. So, that’s probably the best you could do right now. Again, this is a matter to handle the zoning of groundwork to clear the way to allow this project to happen. Hope that answers your question. Ms. Rojas: (inaudible). Chair DeGracia: Commissioners? Defer motion. I’d like to get a motion. Ms. Apisa: I make a motion to approve amendment the Class IV Zoning Permit Z-IV-2000-27 and Use Permit U-2000-22 relating to an addition to the Kaua`i Police Department facility. Ms. Otsuka: Second. Chair DeGracia: Motion has been made and seconded. Motion is to approve amendment Class IV Zoning Permit Z-IV-2000-27 and Use Permit U-2000-22. Roll call vote please. Ms. Higuchi Sayegusa: Commissioner Ako? Mr. Ako: Aye. Ms. Higuchi Sayegusa: Commissioner Apisa? Ms. Apisa: Aye. Ms. Higuchi Sayegusa: Commissioner Otsuka? Ms. Otsuka: Aye. Ms. Higuchi Sayegusa: And Vice Chair DeGracia? Chair DeGracia: Aye. Ms. Higuchi Sayegusa: Motion passes 4:0. 16 COMMUNICATION Ms. Higuchi Sayegusa: With that. No items under I, J, K today. COMMITTEE REPORTS None. UNFINISHED BUSINESS (For Action) None. EXECUTIVE SESSION Ms. Higuchi Sayegusa: There’s an item M. Executive Session. There was no need to go into Executive Session. Our commissioners did have the option to make that motion. ANNOUNCEMENTS Ms. Higuchi Sayegusa: Item N. Announcements. Coming up in, our next meeting will be July 12, 2022. We do have a couple zoning measures that will be proposed or zoning amendments. Other wise it should be relatively light going forward in July. Any other questions/comments? I think we could be ready for (inaudible) adjournment. Chair DeGracia: Could I get a motion to adjourn? Ms. Otsuka: Move to adjourn. Mr. Ako: I’ll second. Chair DeGracia: Motion has been made and seconded. Motion is to adjourn this meeting. All in favor say, aye. Aye. (Unanimous voice vote). Oppose? Motion passes 4:0. Thank you everyone. Chair DeGracia adjourned the meeting at 9:57 a.m. 17 Respectfully submitted by: _________________________ Lisa Oyama, Commission Support Clerk () Approved as circulated _______________. ( ) Approved as amended. See minutes of __________ meeting. 18 19 F.2.a. and L.1. Aug. 23, 2022 G.1.a.1. Aug. 23, 2022 L.1.a. Aug. 23, 2022