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EXCERPT
KAUAI PLANNING COMMISSION
PUBLIC HEARING
June 22, 2010
A New public Hearing of the Planning Commission of the County of Kaua` i was called to order
by Chair, Caven Raco, at 12:14 p.m. at the Lihu`e Civic Center, Mo`ikeha Building, in Meeting
Room 2A-2B. The following Commissioners were present:
Mr. Herman Texeira
Mr. Hartwell Blake
Mr. James Nishida
Mr. Jan Kimura
Ms. Camilla Matsumoto
Ms. Paula Morikami
Mr. Caven Raco
Chair, Caven Raco, opened this docket at 1:56 p.m. and the following excerpt, in effect,
ensued:
Class IV Zoning Amendment Z-IV-2010-15, Use Permit U-2010-14 and Special Permit
SP-2010-3 to construct and operate a pavilion consisting of an indoor auditorium, conference
center, certified kitchen, and an outdoor amphitheater on a property located along Kuhi`6
Highway, approx. 1,500 ft. northwest from the Highway's intersection with KoIo Road, Kilauea,
further identified as Tax Map Key 5-2-017:028, and affecting a 6.55 acre portion of a 15.17 acre
property =Anaina Hou. LLC. jPostponed 4/27/10, Director's Report received 6/8/10.1
Memorandum (6/16/10) from Planning Director transmitting agency comments.
Petition for Intervention; Exhibit "A" and Certificate of Service (4/19/10) from Laurel
Loo, Esq., Shiramizu Loo & Nakamura, LLLP, Attorneys for Petitioner Kalihiwai Ridge
Community Association.
Notice of Withdrawal and Substitution of Counsel for Petitioner (6/7/10) from Laurel
Loo Esq., Shiramizu Loo & Nakamura, Withdrawing Counsel for Petitioner Kalihiwai Ridge
Community Association and James Tagupa, Esq., Substituting and Appearing as Counsel for
Kalihiwai Ridge Community Association.
Letters in Opposition/With Concerns to Application from:
1. Jean-Michel Gabet & Katherine Gabet (4/16/10).
2. Roy Gillett (4/19/10).
3. James Gair (4/14/10, 4/15/10, 4/21/10).
4. Michael & Marilynn Gleeson (4/18/10).
5. Joan Yamaguchi (4127/10).
6. Michelle McBrear (5/19/10).
7. Gordon & Roberta Haas (5/24/10).
8. Patricia & Glen Posner (5/24/10)
9. Michelle Carroll (Undated, Received 5/26/10).
10. Walter Ely, MD (5/31/10).
11. Joell J. Slade 6/3/10).
12. Jo Costa Thomas (6/2/10).
13. Mark A. Carey (5/18/10).
14. Dana Nadeau (6/8/10)
15. Jeanne Pheasant (Undated, Received 6/10/10).
Letters in Support of Application from:
JAN 11 2011
1. Frank Rothchild (4/9/10)
2. Jay Furfaro, Councilmember (4/19/10)
3. Judy Brennan (4/22/10)
4. W. F. Brennan (4/22/10)
5. Marv Paterson (Undated, Received 4/26/10)
6. Jeannette Rothweiler and Thomas Dikeman (4/23110)
7. Jonathan McRoberts (Undated, Received 4/29/10 and 5/23/10)
8. Samantha and David Geimer (5/24/10)
9. Mike Dyer (5/26/10).
10. David Swenson (5/26/10)
11. Ben Welborn (6/1/10)
12. Sandra Ughoc-Lew (6/2/10)
13. Bryan Tanaka (4/22/10)
14. James Nakagawa Painting (Undated, Received 6/15/10)
15. Clark A. Tyler Undated, Received 6115110).
16. Hugh Rutan (4/21/10)
17. Paul D. Tjarks 6/15/10).
18. Marilyn Miller (Undated, Received 6/15/10)
19. Sean Mahoney (6/8/10)
20. Kyle Chock (Undated, Received 6/15/10)
21. Suzanna Kennedy (4/18/10)
22. Casey Holt (4/18/10)
23. Eagle (Undated, Received (6/15/10)
24. Kathleen Luiten (4/17/10).
25. Lynn Leonard (4/15/10)
26. Jennifer Viets (Undated, Received 6/15/10)
27. Debra Rickert ((4/19/10)
28. Steve Star (Undated, Received 6/15/10)
29. Angelei Star (Undated, Received 6/15/10)
30. James C. Jennings & Dudley C. Wilson (4/20/10)
31. Susan Wolford (4/20/10)
32. Joe & Cynthia Halasey_(Undated, Received 6/15/10)
33. Margaret B. and Tom G. Halasey (Undated, Received 6/15/10)
34. Joanna Faso (4/21/10)
35. Gary E. Smith (4/8!10)
36. Kamran Taleb (4/21/10)
37. Marci Winters (4/21/10)
38. Caryl! Lutton (4/19/10)
39. John & Francine Edson (6/4/10)
40. Jane E. Goo (Undated, Received 6/15/10)
41. Mindy & Larry Smith (5/6/10)
42. Shirin T. Hunt (5/4/10)
43. Keya Guimaraes (4/10/10)
44. Duane Carlson (4124/10)
45. Joshua James (4122/10)
46. Meredith Murphy (Undated, Received 6/15/10)
47. Thomas Pickett & Katie Pickett (Undated, Received 6/15/10)
48. Eva Joy Miner-Peru (4/22/10)
49. Lange Anakalea (5/18/10)
50. Eric Bronstein (4/27/10)
51. Andrea Brower & Keone Kealoha (Undated, Received 6/15/10)
52. Bernard Goo (4/26/10)
53. John C. Ferry (4/22/10)
54. Danny Shook (6/21/10)
55. Petition (4/27/10) with 20 signatures.
56. Petition (Undated, Received 6/15/10) with 116 signatures.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
2
Chair: Commissioners, we received a petition for intervention and because we have
received this petition we are conducting proceedings on this matter pursuant to section 1-6-11 of
our rules and practice and procedures of this Commission. Therefore, they will handle the
intervention before the matter, the Planning Department's presentation, and the opening of the
scheduled public hearing. At this time may I have Counsel for the petitioner, Counsel for the
applicant, and Counsel for the applicant, please come forward, before we get started if you
could state your name for the record please.
Mr. James Tagupa: Good afternoon Chairman Raco, members of the Commission, my
name is James Tagupa, I represent Kalihiwai Ridge Community Association, the petitioners for
intervention.
Mr. Randy Vatuseck: Good morning Mr. Chairman and members of the Commission, I
am Randy Vatuseck and I represent the applicant.
Mr. Justin Kohler: Good afternoon Commission Chair and members of the Commission,
Justin Kohler, Deputy County Attorney on behalf of Ian Costa, Director of Planning, Planning
Department.
Chair: With that said, Mr. Tagupa if you want to since this is your petition you can...
Mr. Tagupa: Thank you. The petitioner, the Kalihiwai Ridge Community Association
consists of members who own lots in the Kalihiwai Ridge Subdivision. The project by Anaina
Hou would clearly adversely affect its members. The Kalihiwai Ridge Subdivision borders the
project area on the mauka side off Pu`u Kumu Stream so it is the area that is just mauka of the
project area. A number of the lots border Pu'u Kumu Stream in the project area. Clearly based
on the petition the application submitted by the applicant would clearly adversely affect the
members of the Kalihiwai Ridge Community Association. More particularly the noise, they are
proposing an outdoor amphitheater. The application clearly states that they are going to have all
types of media, amplified sounds; they want to have birthday parties, luaus, concerts. All these
things will clearly create a lot of noise and will affect the neighboring lots. They will be
directly affected by this application and clearly they should be admitted as interveners.
In addition to the adverse noise affects the petitioners in this matter in the intervention
would clearly be affected by traffic also. It appears from the planner's report that the TIAR that
was conducted was for the original project which was for the golf course, miniature golf course.
I drove by and it appears like the improvements have been completed or are about to be
completed which shows only maybe a two or three car stacking lane. The project is for an
indoor movie theater which can seat 250 people, an outdoor amphitheater which has seating for
250 plus additional seating on the grass which may even double the number that they have
seating for, maybe even more. To have an operation that could have more than 500 people at
one time and only have a two or three car stacking lane is not reasonable and is not sufficient to
handle the amount of traffic. And clearly the members of the KRC will be affected because the
entrance to their subdivision is just a little bit north of the project area. Also it appears that the
TIAR made some assumptions that the intersection where the Shell Station is would be metered
or lighted intersection which is not correct. And so we clearly believe that traffic and noise
would be clearly adverse affect upon the KRCA.
In addition the project its self is incompatible with the zoning. When the applicants
obtained their first permit I believe the entire property was zoned State, under the State Land Use
rules, it was designated as Urban and the County Zoning was Light Industrial. Since January the
Council reverted it back to what it was before the Urban zoning which is now agriculture. A
clearly the project in this matter is a commercial operation, a movie theater, an outdoor
amphitheater are clearly commercial uses and are clearly permitted in commercial zoned areas.
However in this matter they want to put a commercial operation in a State agriculturally zoned
area which is clearly incompatible to the zoning. It may be that a lot of people want theaters,
want a place to hold concerts and that is fine however not in this particular area and that is why
they are coming to you for a Special Use permit which the KRCA objects for this parcel of land.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
3
There are also other issues, one involves the Shearwaters. It may be that the project area
is underneath the flight path, there has been no lighting plan that could be reviewed by members
of the public to comment on whether or not it is sufficient to protect the endangered birds that fly
over the area. Also the application does not mention what type of waste water or sewage system
that is going to be required. It is KRCA's opinion that it should be some type of private waste
water system instead of some biological process which I don't know that that means that they put
in their application, bio-filters. But there are a number of issues that need to be clarified or
explained by the applicant therefore we are asking that KRCA be admitted as an intervener.
They clearly meet all the standards for intervention and we are asking that they be allowed to
intervene in this application, thank you.
Chair: James, for the record, can you bullet point or highlight? You talked about a lot of
points, can you just give us the points and the reasoning that you need to intervene.
Mr. Tagupa: Clearly they are affected. That is the main standard that they are going to
be affected by the project and so the items that I listed are the affects that this project will have
on the KRCA and that is clearly noise, traffic, and incompatibility of the project with the zoning.
It is agricultural land and the applicant clearly has stated in their application, this is a commercial
venture. They are planning actually to have movies, to have concerts, to have birthday parties
and all types of commercial activities. And so the main standard is if they are affected by the
project and clearly they will be adversely affected so they should be admitted as interveners.
Chair: So those are the three parts, the noise, the traffic and the zoning.
Mr. Tagupa: That is right and addition to some other issues like the Shearwaters, we
don't believe that their application addresses that fully and also their sewer system, waste water
system for 500 or 600 people or however number of people that will be on that at one time.
Clearly those are issues that we would like resolved.
Chair: Thank you.
Mr. Vatuseck: Thank you Mr. Chair, I will try to be brief. I think we need to be clear on
what this intervention is. This is an action by the Board of Directors of the Association. The
Board took this action without a meeting and without any notice to the members of the
Association that they were going out and seeking counsel and filing this intervention. In other
words they never told the members of the Association that they planned to do this. They never
even told them that they had done it, they just published a notice on the door of the Association
office. So when they say they are acting on behalf of the members that is not an entirely true
statement. We have looked at their bi-laws and we feel that technically the board is entitled to
take action based on its consensus as long as they publish it afterwards and so we don't think that
technically we can challenge the Boards right to hire counsel and to intervene. But the
Commission should understand that they are not speaking for all of the members of this
Association. The Association members, we have affidavits or declarations signed by 50
members of the Association representing 50 different units in the Association saying that they
were never notified that this action was going to be taken, saying they had no opportunity to
comment on the Board's decision to take this action, saying they do not agree with the Board's
action and that they support this project. And that the Board does not speak for them when it
says it is speaking for the Association.
So technically we are not apposing this intervention because there is enough law in the
State of Hawaii that says that adjoining landowners have standing to intervene in land use
proceedings and we don't want to jeopardize the pace of the hearings by having the Commission
deny a contested case hearing and then having a court reverse it later on and have to come back
to you. Because frankly the Association and the Board and everybody else in the community
should have an opportunity to be heard about this project and should have the opportunity to give
their input and state what their concerns are and give the applicant an opportunity to address
those concerns in this project.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
4
So what we want to do is go forward, if it has to be in a contested case hearing, so be it,
but let's just have a hearing that is fair and respectful and civil and let the process work the way
it is supposed to. I did hear Mr. Tagupa mention twice in his presentation about what the
previous action of this Commission had been on Phase I of the Anaina Hou project and when I
was preparing for the hearing today I read the transcripts of those hearings and I saw that Mr.
Tagupa was the attorney for the Commission at the time that those hearings took place. And so
this is a concern to the applicant because there are concerns or questions as to whether a former
government attorney can represent a private party in the same matter, in a matter in which he or
she was personally and substantially involved. This just came to our attention, we are going to
have to look at it more carefully and if we are going to do something about it like make a
complaint or make a motion we will do it before the first contested case hearing but we are afraid
that if we didn't raise it at the time that we learned it, at this first hearing, that we would waive
that position. So we just want to put it on the record for now, ask Mr. Tagupa to think about it
and take a look at the Code of Professional Conduct and make his decision as we are making
ours.
Mr. Kohler: The department is taking no position on the petition.
Chair: With that said, Commissioners, are there any questions for the intervener and
the...
Mr. Nishida: Jim, the standards for the intervention said all parties can apply but
something about they have to show that they are above ...that they are different from the general
public. What does that mean to you?
Mr. Tagupa: That means that there are no other parties that will be representing the
KRCA's interest which there aren't because if there were other interveners then maybe they have
the same position and maybe KRCA's interest would be protected. However in this case there is
only the applicant and there is no other party and with respect to the issues that involve the
KRCA, they are issues that are directly related to the KRCA members and so that is why the
KRCA should be admitted so that they can address the issues that relate directly to them. I
would also like to respond to what Mr. Vatuseck was saying with respect to the petition to
intervene which was initiated because there was a unanimous decision by the Board of Directors.
Yes it is clear that maybe there are some people that are members that do not agree with that
however the Board of the KRCA manages the Association and that is within their powers.
One other thing too with respect to the earlier project, the Rules of Professional Conduct
state that I cannot represent a party against the government in a matter that I was involved in
however the earlier petition is not the same as this petition. The earlier petition was for the golf
course project on completely different zoning and basically I believe if I am not incorrect that
there was no contested case hearing and I believe that matter was approved. I don't even know if
I even mentioned anything, I may or may, but I did represent the Commission. However the
Decision and Order in the permit that was granted to the applicant clearly states that any of the
issues relating to future expansion was not addressed so none of these matters were addressed in
the first hearing. This is a completely different petition. The only thing is it is the same
applicant. But besides the same applicant it is a completely different project in a matter that
wasn't considered the last time they were before this Commission.
Chair: Any more questions Commissioners? If I could ask the parties to step back and
let the Commission deliberate. With that said is there any discussion?
Mr. Blake: As I understand this is Ag. land that got up-zoned to Industrial, that didn't fly
or the project didn't fly so it got back down to Ag. again. And now there is an application for a
Use Permit to make this commercial or to allow a commercial use. Is that correct?
Chair: Let me just, you are the planner, right, so why don't you...
Mr. Dahilig: Commissioners, maybe what I would suggest is rather than getting the
Planning Department's recommendation up first or the report up first that we more so stay with
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
5
the interest that are being evaluated in terms of the intervener or the petitioner for intervention.
Matters in terms of the history and anything related to the project I think should be discussed at a
later time but we should rather be focusing on the interest of the petitioner and whether those
interests need to be represented through intervention or not by intervention.
Mr. Blake: So we have an applicant, the application has generated quite a bit of interest
obviously. You have those who are for the application and against the application. So how does
intervention clear the water or make it easier to dispose of the various issues?
Mr. Dahilig: What the petitioner is representing is that they have a unique property
interest in this project that potentially could be infringed upon that cannot be defended or
adequately taken into account by the Planning Department's recommendations. And so they are
asking for separate status to intervene and represent its own interests rather than relying on the
Planning Department to represent their interests for them.
Mr. Blake: And if the Planning Department as it is structured represents the public
interest and they are a member of the public because they don't intervene and they get on the
record as being against the project and the Commission approves it, can't they still appeal?
Mr. Dahilig: Anyone can appeal.
Mr. Blake: So why allow intervention?
Mr. Dahilig: The intervention is meant to create a contested case situation where
potentially there is evidence that is not brought forward by the department that can be brought
forward by the interveners and put on the record and be taken into account before the
Commission decides to take any action on the petition.
Mr. Blake: Can't they do that anyway?
Mr. Dahilig: They can do it through public testimony but in order to have the level of
standing and potentially should the Planning Commission decide to grant the petition contrary to
what their belief is that it gives them a right to exercise an appeal to the Fifth Circuit Court and
have that decision be reviewed by the circuit judge.
Mr. Blake: So they can testify against them and if it doesn't go their way, any of the
citizens that were against it can appeal.
Mr. Dahilig: Not in this particular case because the intervener status allows
that... without intervention obviously our position would be null because there is not contested
case at that point, they have to exercise their right to a contested case hearing. In order to do that
they have to file a petition with this Commission 7 days prior to a publicly noticed hearing which
was posted quite a while ago and the only petition we received 7 days prior to today was the
petition from the Neighborhood Association of Kalihiwai Ridge.
Mr. Nishida: Who may intervene, "All persons who have some property interests in the
land, who lawfully reside on the land, or who otherwise can demonstrate that they will be so
directly and immediately affected by the proposed project that their interests in the proceeding is
clearly distinguishable from that of the general public and shall be admitted as parties,
interveners, upon timely written application for intervention". So Mike, this doesn't say like Mr.
Vatuseck said, this doesn't say to directly allow a neighboring person so did the argument that
Jim made qualify them for intervention on that argument?
Mr. Dahilig: That is a finding that you will have to make, whether, again, the petitioner
meets that standard. What I would comment is that Mr. Vatuseck's representation was that
beyond the scope of the rules and the ability to do contested case hearings pursuant to Chapter 91
of the Hawaii Revised Statutes that there is a large amount of case law out there that determines
what an intervener standing, what should be interpreted when determining intervener's right to
Public Hearing Transcript
June 22,2010
Excerpt-Anaina Hou
6
come in and get standing. And that standard is very broad with respect to who has a property
interest and it should read liberally with respect to what our rules are.
Mr. Nishida: So even this one that specifically says they should have some property
interest that can mean a neighboring property?
Mr. Dahilig: That is correct.
Mr. Nishida: And then the second thing I noticed about contested case hearings is that
once the contested case hearing starts, in this case we have a tremendous amount of support for
the project. Unless that support is organized in some manner where they can intervene they
really don't have, it is not a function the parties to the project would become the applicant, the
intervener, the County, and us as the decision makers. Or whoever the court hearings officer
was.
Mr. Dahilig: That is correct.
Mr. Nishida: So it is kind of cuts short the public hearing process where normally we
would take the project and we would listen to both sides and then we would make a decision.
Mr. Dahilig: Actually it elongates the process in the sense that the general public is, let's
say you decide to close the public hearing today, per your rules the public will no longer be able
to testify under a public hearing but they can still testify under Chapter 92 should this agenda
item come up again. But what happens is that the intervener, the department, and the applicant
get steered into a contested case hearing process under Chapter 91 of the Hawaii Revised
Statues where then you determine the rights of that individual along with what is the Planning
Department's recommendation and that applicant's request.
Mr. Nishida: So at what point does the general public and the Kilauea Neighborhood
Association or people other than the intervener and the parties to the contested case hearing, at
what point do they provide input to the final decision?
Mr. Dahilig: That happens today.
Mr. Nishida: And then after that we can use that information in the final, it happens
during the public hearing process you are saying?
Mr. Dahilig: Yes.
Mr. Nishida: And then the contested case hearing happens and then actually we have to
allow the testimony into the contested case hearing.
Mr. Dahilis: It can be folded in.
Mr. Nishida: And then at the end of that it becomes a decision.
Mr. Dahilig: Right, after evidence is presented in the contested case hearing.
Chair: Any more questions? I had one question regarding the Kalihiwai Neighborhood
Association, it is an association, right, it is not really a neighbor to have direct financial status or
affiliation it is an association, right? If the neighbor, why is it the neighbor?
Mr. Dahilig: The case law that has come out...again this is a liberal standard in terms of
who can apply for intervention status. I am not aware of what exactly the articles of
incorporation or how this community association is incorporated or created as a separate distinct
or individual body. But they are an entity that in some case law has been, a like entity that in
some case law has been represented and been allowed to intervene even though they don't have
necessarily the articles of incorporation or the fancy documentation that creates that entity. So
they are a group of interested persons that have come forward and wanting to seek intervention
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
7
status before the Commission and I think that the petition before you is at least legitimate on
those grounds to entertain.
Chair: Any more questions or discussion?
Mr. Blake: For purposes for intervention because your needs or your concerns cannot be
adequately otherwise represented, we are talking about a Use Permit here, right, and as I
understand Use Permits the burden of proof is on the applicant to show that the non-conforming
use that they are advocating is not incompatible with the general area and neighborhood. So if
intervention is not permitted and the Use Permit is granted the persons who feel or parties that
feel that their property rights were not adequately or could not adequately be represented still
have the avenue of seeking to have the Use Permit cancelled.
Mr. Dahilig: So what would happen in this particular case is let's say you deny today, it
would be a final decision on the petition which could be appealable to the Circuit Court. You
could still proceed with the action as presented by the Planning Department however should the
court deem that it was improper for the Planning Commission to deny the petition that Use
Permit validity would be pretty much cancelled out and you would have to restart the process
over again.
Mr. Blake: But we could deny intervention and deny the Use Permit also, right?
Mr. Dahilig: That is correct. Upon which time then if the applicant so chooses they can
come in and...
Mr. Blake: Reapply.
Mr. Dahilig: Or they can seek appellant review of that decision.
Mr. Blake: How can they seek appellant review for a Use Permit?
Mr. Dahilig: Because it is their right Commissioner.
Mr. Blake: That is true but if we have to decide whether it is compatible or not and we
say it is not, the judge is going to say it is?
Mr. Dahilig: There is a litany of standards they can apply with respect to reviewing an
administrative decision. I can't speak for the judge, all I can say is that they have the right
should the application be denied to seek some type of appellant remedy should they disagree
with our decision.
Mr. Blake: Of course I was assuming everything was proper in a denial if it ever
happened.
Chair: But still the burden of proof would be on the applicant to provide that the Use
Permit is allowed and is usable. Like you said, the burden of proof is on the applicant and not us
or the community.
Mr. Kimura: Right here is says "The petitioner believes because it represents the 181
members of its association it would delay the process far less than having each member file a
separate request."
Chair: Are you reading from something so the Commissioners can follow you?
Mr. Kimura: Petition for Intervention, Laurel Loo, page 6. I heard earlier from the
applicant's lawyer that they do not represent the whole 181 members of this Kalihiwai Ridge
membership.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
8
Chair: Yes and on the same note it is Laurel Loo and then we have another attorney that
is representing...
Mr. Kimura: So do we discard this?
Chair: I don't know, that is what I am asking.
Mr. Dahilia: He is just stepping in as counsel. The pleading should still stand and be
entertained by the Commission as is. It is just a substitution of counsel that we received for the
record (inaudible).
Chair: Is he working for the same firm?
Mr. Dahilie: I believe he is independent counsel from Shiramizu Loo and Nakamura.
Mr. Kimura: So some of the members of the association were wrongfully represented?
Mr. Dahilie: Again that is a representation by the applicant. Nothing else in their dossier
has come forward to show that that in fact is true. That is a representation from the applicant.
Chair: We could ask Mr. Vatuseck to come back up.
Mr. Kimura: We do have letters.
Mr. Dahilie: You do have letters.
Mr. Kimura: By homeowners of Kalihiwai Ridge.
Mr. Dahilie: That is correct.
Chair: Can Mr. Vatuseck come up and provide us with any...
Mr. Dahilie: You can call him back up.
Mr. Kimura: Sure, exactly how many people are they representing or not representing.
Chair: Not only that but his claim was that the Kalihiwai...
Mr. Dahilie: Just as a clarification we are not at a point where we should be taking into
account public testimony or any type of public comment on the petition. Right now what should
be the only matter before the Commission is determining whether the petitioner has an interest
that cannot be represented as the general public by the department. And then once the public
hearing has come into account and you are at a point where you can make a decision on the
petition. That is when the weight of public testimony should be taken in by each Commissioner
in evaluating how to decide on the matter.
Mr. Kimura: What I am saying is over here they are saying they are representing the
whole association when in actuality they are not so I am just trying to find out exactly who and
how much people they are representing. Just to find out if, I don't know.
Mr. Nishida: Follow up question, would that misrepresentation if it is, cause this
application to be not good?
Mr. Dahilie: What I would say is that the applicant has raised the issue but has not
objected to the petition in terms of adequacy of form and representation. It is still a question that
is legitimate before the Commission however neither opposing party, the Planning Department
nor the applicant has raised the issue to the point where they are opposing this petition for
intervention on those grounds.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
9
Mr. Blake: I believe what the association is saying is or the intervention, let me back up,
the people who support the intervention are saying that we represent the association. They didn't
say we represent 100% of the landowners.
Mr. Kimura: Well it says 181 members.
Mr. Blake: But 181 members, they didn't say all 181 members have lined up on our side.
They are saying there are 181 members...
Mr. Kimura: Represents the 181 members of its association.
Mr. Blake: Right but it doesn't say that they all agree.
Mr. Kimura: Well according to this it seems like it.
Mr. Blake: It's just like...
Chair: They are representing them.
Mr. Kimura: They are representing the 181 members.
Mr. Blake: The President of the United States says I represent the United States but not
everybody agrees with him either. So I think it is just a technical thing that you have to be
careful about what we interpret from...
Mr. Kimura: I just wanted to know exactly how much they are representing.
Mr. Blake: I don't think they ever said.
Chair: We can ask Mr. Tagupa to come up and tell us.
Mr. Dahilig: Again it is like I mentioned earlier, it is hard to ascertain exactly what are
the incorporating documents behind this association, is it an AOAO, is it a 501 C3, is it just a
loose affiliation of individuals that happen to own lots in Kalihiwai Ridge and have come
together as a Hui and wanted to protest this. I don't know what the documents are. There has
been no objection regarding the actual process, sorry, let me rephrase that. There have been
declarations represented by Mr. Vatuseck that their process may not have been followed but no
one individually has come before the Commission to challenge the adequacy or sufficiency of
how this petition got filed and whether it was improper to have the petition actually filed on
behalf of the entity that is the association. Think of the association as another person, of a bunch
of people that make up that one association. So everyone has their own individual right but they
have come together as this one, another individual that can come forward and say the association
is the one that is filing this petition.
Chair: So we cannot ask Mr. Tagupa about that?
Mr. Dahilie: You can ask any question you want.
Mr. Kimura: I would like to know.
Chair: I will suspend the rules and ask Mr. Tagupa to come up to answer a question from
a Commissioner.
Mr. Kimura: Can you tell me more or less how many members of Kalihiwai Ridge
Association members do you represent?
Mr. Tagupa: I represent the Association and the Association is managed by the Board
and the Board made the decision to file this petition for intervention. With respect to the exact
number of people who oppose or approve of this intervention, I don't really know. But I do
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hon
10
know that this community association, the KRCA, does have standing to intervene. I think the
case law is clear and also too, the fact that there is no objection to this we are asking that we be
allowed to intervene. If there was a problem somehow in this process well then that could be an
internal matter for the members of the KRCA, however with respect to this petition we do have
standing. Community associations have in the past been admitted as interveners including the
Kilauea Neighborhood Association in a number of cases including when this particular property
was zoned to Urban and they challenged it. So there is a lot of case law even though the rules
may not specify all the different interveners and the standards, as your attorney has indicated
there is a lot of case law that has allowed community associations to intervene in contested case
hearings. So that is why we filed the intervention because...
Mr. Kimura: I understand that but over here you didn't have a problem putting down
how many members you represent but you have a problem telling me exactly how many
members you do represent.
Mr. Tagoa: I believe that was a general statement and it wasn't meant to say that every
single person, that is just the number of members that is in the association. That is not saying
that ...there are always when you get that many people there is always going to be a number that
won't agree with what you do.
Mr. Kimura: Thank you.
Chair: Any more questions for Mr. Tagupa, if not what I want to do really is ask the
applicant's attorney to see if he wants to comment and give him his fair share.
Mr. Vatuseck: I can offer these 34 declarations to the Commission now. They are 34
declarations that are signed by 50 members of the association representing 50 units saying that
they did not authorize this. In fact I would offer if but I don't have 14 copies of each one. And
frankly Commissioner the answer is they never checked, they don't know how many members
they are representing because they never asked them. This is just something they did entirely on
their own without telling the members that they were doing it or giving the members an
opportunity to comment on it. And so what we are offering are declarations and testimony from
like I say 50 individuals who say not only did we not know about it but we don't agree with it
and we don't want them to speak for us.
Now they are an association, they are a corporation and they are acting through their
Board of Directors and under their bylaws they are entitled to do that. I am not challenging that.
All I am trying to say is that when you listen to it think about what it really is and what it really
is, is 8 guys who voted on their own to intervene in this because they don't like the project. And
so that is what it is and like I said before we did not file a formal objection to the intervention
because we don't want to go up to court and come back here. We think the people should have
an opportunity to speak and be heard because if they have concerns that can addressed by the
project the project will address it and it will be better for everybody.
Chair: Any more questions for Mr. Vatuseck? Does the Planning Department Attorney
want to speak?
Mr. Kohler: We still take no position on this matter. This is a matter between the
petitioner and the applicant.
Chair: I will bring the meeting back to order, any other comments?
Ms. Morikami: I have a question for the County Attorney.
Chair: Which County Attorney?
Mr. Kohler: Mr. Dahilig is your attorney today.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hon
11
Ms. Morikami: There was mention of the attorney for the intervener regarding the
conflict. Do you see a conflict?
Mr. Kohler: That is a question for your attorney.
Chair: He is the department's attorney, this is our attorney.
Mr. Dahilig: If you would like me to answer your question Commissioner unfortunately
I will have to ask that we enter into executive session for me to answer that question. Would you
like to enter into executive session?
Ms. Morikami: I think it is an important point that we just need to clear up before we get
involved in this process so yes.
Chair: So if you want you can read the executive session, the normal language or we can
have the attorney read it.
Mr. Dahilig: Commissioners, pursuant to Hawaii Revised Statutes Section 92-5(a)(4),
the Office of the County Attorney requests that the Planning Commission enter into an executive
session to consult with the Board's attorney on questions and issues pertaining to the Board's
powers, duties, privileges, immunities and liabilities as it pertains to this particular agenda item.
Chair: So is that a motion?
Ms. Morikami: So moved.
Ms. Matsumoto: Second.
Chair: All those in favor say aye, opposed.
On motion made by Paula Morikami and seconded by Camilla Matsumoto, move
into executive session, motion carried unanimously by voice vote.
Commission went into executive session at 2:45 p.m.
Meeting was called back to order at 3:01 p.m.
Chair: I will entertain a motion if there is no more discussion.
Mr. Nishida: Move to approve intervener request for Kalihiwai Ridge Community
Association.
Ms. Matsumoto: Second.
Chair: Any discussion?
Ms. Morikami: Yes Mr. Chair, I would like to move to have the Planning Commission
reserve its right to exercise any relevant privilege relating to conflicts of interest and
representation by Mr. Tagupa of the petitioner intervener.
Chair: Since there is a motion that would be a separate motion. Is that a motion? With
that motion is there a second? Is that a motion Paula?
Ms. Morikami: According to the attorney I need to make it as a motion so yes.
Chair: Is there a second?
Ms. Matsumoto: Second.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
12
Chair: All those in favor say aye, opposed.
On motion made by Paula Morikami and seconded by Camilla Matsumoto, that the
Planning Commission reserve its right to exercise an relevant privilege relating to conflicts
of interest and representation by Mr. Tagupa of the petitioner intervener, motion carried
unanimously by voice vote.
Chair: So back on the main motion to approve, any more discussion, seeing none all
those in favor say aye, opposed, motion carries.
On motion made by James Nishida and seconded by Camilla Matsumoto, to
approve intervener status as amended, motion carried unanimously by voice vote.
Chair: If I could ask the parties to come forward again. With that said, per my calendar,
my open date would be September 28tH
Mr. Vatuseck: Is that for the hearing?
Chair: That would be for the hearing.
Mr. Tagaa: I am free on that day.
Mr. Kohler: That is fine with us.
Chair: Okay, let's set it for September 28th and if I could get a motion. The Commission
will be setting a contested case hearing for September 28`h. May I have a motion to set the
contested hearing in the matter for September 28th and authorize the Chair on behalf of the
Commission to handle any logistical matters concerning the filing of the documents and sending
of the contested case hearing?
Ms. Morikami: So moved.
Mr. Nishida: Second.
Chair: All those in favor say aye, motion carries.
On motion made by Paula Morikami and seconded by James Nishida, to set
contested case hearing date for September 28, 2010 and authorize Chair on behalf of the
Planning Commission to handle any logistical matters concerning the filing of the
documents and sending of the contested case hearing, motion carried unanimously voice
vote.
Mr. Vatuseck: Does that mean that the Commission will be conducting the hearing as
apposed to being conducted by a hearings officer?
Chair: That is correct.
Mr. Vatuseck: Thank you, I appreciate it.
Mr. Tagaa: One other thing Mr. Chair, will the Chair be contacting the parties as to
when he wants to have say a pre-hearing conference?
Chair: Yes.
Mr. Dahilig: You can check with the Chair on all those matters.
Chair: May I know have the Planning Department give its presentation, Kaaina. Kaaina
which one are you going to read from?
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hon
13
Staff: Both the Director's reports that were submitted are the same Director's report. It
was resubmitted just to follow general procedure.
Chair: So for the Commission you can just briefly go through the application.
Staff Planner Kaaina Hull read Director's report (on file).
Chair: Commissioners are there any questions for the planner?
Mr. Nishida: You submitted to the Land Use Commission for an opinion on this project?
Staff: I believe it was submitted to the Office of Planning however we haven't received
any comments back.
Mr. Nishida: I was thinking specifically about the commercial use of the agricultural
land. I was wondering if the Land Use Commission might be a more appropriate office to send it
to given the issues surrounding development on Ag. lands.
Staff: We can forward up for comments from the Land Use Commission as well.
Ms. Matsumoto: You said the timing is not specific in what, 4.b, but I read someplace in
one of these packets here it was saying something about going to midnight. Do you remember
that? Anyway I just wanted to point that out.
Staff: Commissioner Matsumoto, just a point of clarification, I think 4.b was referring
specifically to the movie theater operations and/or conference center as opposed to the
amphitheater operations but the applicant can clarify that when they come to the stand.
Chair: Any more questions? Is the applicant here? Is there anything you want to add to
the Director's report?
Unidentified Speaker: Not at this time.
Chair: Are there any questions for the applicant?
Mr. Texeira: Yes Mr. Chair, concerning the amphitheater hours what are you projecting
in terms of its use of hours?
Chair: If you could state your name please.
Mr. Michael Caplin: For the record Michael Caplin, Project Manager for Anaina Hou.
Due to the nature of the facility it is based on when it will be used. There are no set specific
hours of operation however we are aware of the neighbor's concerns for late night events, music
events going late into the night. So there will be no outdoor amplified events past lOpm.
Chair: Anymore?
Mr. Texeira: So you are looking at 7 days a week then you could be...it wouldn't just be
weekends the amphitheater activity.
Mr. Caplin: It would be based on the availability of uses. We don't expect it to be used 7
days a week but if there is the demand for those types of community events or private events
then it would be possible, yes.
Mr. Kimura: Where it says "the applicant is currently working with an acoustical
consultant", where are you at with that?
Mr. Caplin: We have conducted and are in the process of conducting a sound study to
test the noise from the theater to the surrounding areas and we are in the process of doing that.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
14
Mr. Texeira: In doing a sound study what would be an acceptable decibel level? Who
determines that?
Mr. Dahilie: Commissioner, I would advise against asking that question at this time.
Right now we are just looking at what the application is and we are not trying to evaluate the
merits of what the conditions could or may be. That is left for the evidentiary portion. Right
now we are just trying to clarify what the application as represented is entertaining as an action
before this Commission.
Chair: What? I know that there is going to be...
Mr. Dahilig: Right now we are trying to... it should be on clarifications on what is being
represented in the application. In terms of looking at different levels or considerations in terms
of potential adjustments to the application, right now what the Commission should be asking is
just ascertaining what is the application for versus trying to get into considerations of have you
considered this or have you considered that as potential changes to the application conditions.
Chair: But we could ask that question I guess after the intervention.
Mr. Dahilia: Right. Those types of questions should be raised during the portion where
evidence is going to be presented in a contested case hearing.
Chair: So you can only ask what it's for. And if everyone has read the application I
think it is pretty ...Are there anymore questions for the applicant?
Ms. Matsumoto: This is the part about agriculture, could you give sort of a summary of
your plans for agriculture production?
Mr. Capllin: Sure. Anaina Hou as a whole is a low density and agriculturally based
project. In Phase I which we are currently constructing was approved in December or 2008, Use
Permit, and we began construction November of 2009. We estimate to be completed sometime
this fall, probably around September or October of this year. The project for Phase I, one of the
aspects is a miniature golf course that will also have botanical gardens and I know this is not part
of this application but the whole project as a whole is based on the education of specifically
native and Polynesian species as well as the history of the Kilauea Plantation days. So we have
the botanical gardens as well as a nursery for plants and landscaping supplies and the Kilauea
Pavilion will also have a certified kitchen which can be rented out by local producers to make
their value added products.
Chair: With that said, do you have one more question?
Ms. Matsumoto: I don't think that answered the question because you are saying all that
but you are saying you are fostering local agriculture. So I wanted to know what kinds of crops
you were planning to produce.
Chair: You can think about that question while we take a recess.
Commission recessed at 3:28 p.m.
Meeting was called back to order at 3:37 p.m.
Mr. Ca lp in: So the question was about fostering agriculture uses through the pavilion
and that is exactly what the certified kitchen facility is all about. We often talk about increasing
our island's food sufficiency or buying locally made goods but if we don't increase the supply of
those facilities available for local producers then we won't be able to achieve that goal. Actually
just a few weeks ago a good friend of mine who makes salsa on island, sells it on island, he
called me and asked me if I knew of a location of a certified kitchen so he can make and sell his
salsa because the one in Hanalei was filled up. His example, he and many other producers are in
need of these facilities in order to make their value added products. So providing the certified
Public Hearing Transcript
June 22, 2010
Excerpt-Main Hou
15
kitchen for local producers to use we can increase our island's food self sufficiency by
supporting our local producers and also encouraging buying locally make products.
Chair: That is a far shot but whatever it is worth, you are stretching...
Mr. Caplin: This certified kitchen is going to save the world.
Chair: I can see that. Any more questions, thank you, wait, one more question.
Mr. Nishida: What is your capacity for the outdoor amphitheater?
Mr. Caplin: 250.
Mr. Nishida: You have here in the semi-circle, one, two, three, four, five, tiers. Do you
expect the 250 to sit in the. five tiers? Is this an accurate representation of the capacity for that
outdoor amphitheater?
Mr. Caplin: Correct. Today we are not representing the architectural drawings which
would go into the design and building layout in more detail so I guess that is going to happen at
the contested case hearing.
Mr. Nishida: So then we would get the 250 seating or whatever.
Mr. Caplin: We would review the design in more detail, correct, but that is the capacity
for those seats.
Mr. Nishida: And your sound engineer, what information is he going to be providing to
the...what would be the results of that study? What would come out from that study?
Mr. Ca lp in: The results? Well the results will show what at certain levels of sound
amplification the decibel levels at the surrounding areas will be.
Mr. Nishida: At the neighbor's houses.
Mr. Caplin: That is correct.
Mr. Nishida: This question is for Kaaina, the zoning; the mini golf course is in the
Limited Industrial?
Staff. Correct.
Mr. Nishida: And then this particular parcel is all on Ag., it's Ag./Open, it is all in Open?
Staff: The State Land Use District is agricultural entirely in this portion of the parcel and
the bulk of it, the majority of it is actually within the County zoning, Open.
Mr. Nishida: I kind of have a problem with the outdoor recreations...
Mr. Dahilig: Let's reframe from that question for now.
Mr. Nishida: I am asking whether they have looked or what was the reasoning behind
allowing this kind of ...well what I wanted to know was how we justified something that is...
Mr. Dahilig: There is right now, for the record, publicly there is no recommendation for
more recommendations that we are going to... in terms of the determination whether you concur
with the Planning Department's report that it is a comporting use or not a comporting use. I
think it is a judgment call that should be better reserved for deliberations after the contested case
hearing.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
16
Mr. Nishida: I was asking how they justified...
Mr. Dahilig: You can ask how they are justifying it but I rather than asking whether it is
appropriate or not, I think those questions need to be reserved after the contested case hearing
because that may be evidence that has to be brought forward and deliberated on.
Mr. Nishida: Two things then, how come there is no Ag. Master Plan and the second one
is how did you justify this particular kind of recreational use on Open/Ag.
Staff: The applicant is actually applying for a Special Permit which is essentially a use
within the State Land Use Agricultural District that is not listed as an agricultural activity as well
as other activities like telecommunications towers or wind farms or whatnot. So essentially they
are looking at applying for a non-agricultural use. To the second question, well which it doesn't
necessarily warrant an Ag. Master Plan. To the second question as far a within the Open Zoning
District, in section 8-8 of the Kauai County Code, that section concerned with the Open
District, there are uses listed as allowable in the Open District and uses allowable via a Use
Permit such as outdoor recreation or religious facilities. In looking at the application while it
isn't necessarily a religious facility designated for worship, in the uses and the impacts such as
traffic or large congregations of crowds it is similar in nature to. And as such the Director
determined similar in nature to and can be reviewed for a Use Permit.
Mr. Nishida: So the fact that the outdoor amphitheater part didn't really play a part in
allowing this because I know like outdoor recreation in some Open Zone lands, that didn't come
into play with what the department used to recommend this then.
Staff. The outdoor recreation not so much as the religious facilities and similar in nature
to the impacts that come with religious facilities like such as traffic and large congregations of
crowds.
Mr. Nishida: And a lot of these religious facilities, a lot of them are mostly indoors, in
enclosed spaces.
Staff: I would say generally they are in door but there are applications which we
entertain or at least religious facilities in which congregations do occur outside as well.
Mr. Nishida: And we have permitted outside congregational, the Commission permitted
outside...
Staff: I will have to double check on that but what I am referring to is say, Easter Sunday
is a practice of religious facilities, certain religious facilities that are often held outdoors.
Chair: Any more questions Commissioners, thank you Michael. I will open up the
public hearing. Just to let you guys know we do have a 3 minute time limit, a one time limit, and
if you guys can keep your comments and opinion in the same manner that if someone else speaks
the same opinion or says the same thing you said that we don't need to hear it in redundancy
over and over if we can. With that said is Jonathan Mc Roberts?
Mr. Jonathan Me Roberts: Thank you for letting me speak on this issue. I have been
friends and acquaintances sitting behind me on both sides of this issue. It can be a very divisive
issue as you can well imagine to come before you. I thought about this issue quite a bit, there
will be a lot of testimony I am sure about the pluses and minuses of each little detail. I would
like to just comment on the macro issue that we are facing as a country and how it affects what
we do locally. Having recently read Flat, Hot, and Crowed where they mention that it is very
necessary to look at your own community and deciding what you can do in the changing world
that we have. And basically the old system of living outside somewhere and then driving in and
then driving back and driving back and forth is just not going to work anymore.
Most urban planners say that you need to create communities that you can either walk to
or bike to very easily to the things that you want to do, shop, recreate, health facilities, etc. And
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hon
17
I hope that you are favor of this project because I think it will fill in a gap that we have missing
in Kilauea. I know it will be inconvenient for some people. I know the majority of people I have
talked to around do want the facility and the things that it will provide for the community.
Interestingly enough in today's paper they talk about building a safe walking community in
Lihu`e, they are finally getting around to realizing that we need to have communities where
people can get together locally and not have to drive everywhere. I think this is a perfect
example of something that will provide that for Kilauea, thank you for the consideration.
Chair: Linda followed by Carrie.
Ms. Linda Sproat: Aloha, Honorable Commissioners, my name is Linda Akana Sproat. I
am a fourth generation resident of Kalihiwai, a third generation retired teacher at Kilauea School,
live in the tsunami relocation center for Kalihiwai residents, lived through two tsunamis and
three hurricanes. I am on the Board of the Kilauea Neighborhood Association of which my
husband and I were among the founding members. I am also on the Board of the Kilauea
Community Outreach Program which was started in 1971 when the Sugar Plantation closed and I
am a long time senior warden of Christ Memorial Church in Kilauea. So if you think that our
community is important to me, yes. If you think I am old, yes. And if you think I support this
project, bingo, yes, yes, yes. I speak in favor of this project because I and many others in our
community have been working on this project since late 2006 when two young people came
before the KNA Board to let us know that they would be helping put together a plan for our
Light Industrial area.
Most importantly of all they asked what would we like and what did the community need
and what could they do for the young people and how they could help us. Do you think we were
shocked? Yes sir for in all our years since the plantation closed it was the first time anybody
ever asked us what we wanted. This is what we want. They would say if you don't like it, too
bad. So my reply to Karen and Michael was you two are young and smart, be creative, we can
then talk about the kinds of things we are missing from the town's family and how we might
bring about the strong sense of community again like it existed when we grew up and what many
moved to Kilauea for. Later Michael and Karen approached me and presented me with their
ideas for a Hawaiian History Garden, the Mini Golf, and the Kilauea Pavilion. I was very
excited with their energy. The thoughtfulness of the plan and the potential benefits that would
come from this project, I was so excited that I began to talk to the senior citizens about the
project. They became excited too. Many had plants in their yards that had come from different
cultures and are difficult to come by today. Soon they even offered to donate these plants to
Anaina Hou to place in the area where it would belong.
After their first presentation to KNA I again told them we need more young people like
you to do what you are doing, thanks for listening to us. It is wonderful to see the Kupuna
giving of themselves to benefit the keiki and all of our community. I believe that as residents of
a place we have the Kuleana to guide new change so that it benefits rather than hurts all its
residents. That includes Kupuna and keiki. This is the reason why I have been willing to work
with Anaina Hou's developers since the beginning and why I feel that this project will serve
many on the North Shore. And it represents much of our culture's core values, community,
family, and taking care of the land.
In addition, I know many people present are concerned about the noise that you feel will
come from this project. I suggest that instead of complaining why not challenge our two young
people to find creative ways to solve the problem if indeed there is a problem. And we all have
to wait until the project is indeed finished before we find out. You may be surprised. I ask for
your approval of this project, mahalo, Linda Sproat.
Chair: Thank you. Next is Carrie Souza.
Mr. Keone Kealoha: Aloha, Carrie Souza agreed to change places with me, my name is
Keone Kealoha. I am a bit farther down but only because I may have to depart before my name
is called so she agreed to take my position. Aloha Chair and Commissioners, mahalo. My name
is Keone Kealoha, I am the current President of the Kilauea Neighborhood Association. It is the
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
18
oldest Community Association or Neighborhood Association on Kauai. Our area of
membership extends from the edge of Moloa`a all the way up to Kalihiwai Ridge including that
neighborhood as well. So I think that some of the residents in that subdivision found some relief
in that there was a Community Association that did indeed represent their position of supporting
that project.
The Kilauea Neighborhood Association was first made aware of this project just in the
very, very early stages as it was being formulated and I think that is one of the most important
things to recognize that the community was engaged with the folks that were planning this
development. We were asked our opinions, business leaders, community leaders, and even the
Kilauea seniors as you have heard from Linda Sproat's testimony, schools, school kids. They
have really tried to look at the community and the community's needs and say what we can make
here to be of help. I personally don't feel that this project is being put together in order to make
money. I don't think that is their biggest focus. I think really what they are trying to do is do
something that is good for this community. The owners of property, I think they are okay
financially and that again this isn't really motivated by money as most developments are.
And with that I think we were able to see a lot of the community's needs incorporated
into this plan. And so I really urge you to consider thinking about all the different kinds of folks
that are in the Kilauea area and even in the entire North Shore and look at all these, play it
through. How is this going to affect the keikis, are they going to have places to go and watch
movies, are they going to be able to play golf in a safe place, someplace where they can gather, a
stage where they can perform their plays and things like that. We don't really have some of
those things with the loss of the Kilauea Movie Theater; it is not quite as open to us as it was
before. And so this facility is going to provide some of those things and it is not really going to
cost the County a lot of money to put together with the State. So it is fortunate for us to have
individuals that just want to play a good role in the community and ask and then actually go and
help.
One other point that I really wanted to make and that was that there is something called
the Kilauea Town Plan which we advocated for some years ago and that this development fits
within the Kilauea Town Plan. If you look at the height limits that are respected, the nature of
what it's doing, even the down-zoning of the property to Open from Light Industrial which was
something that was called out in the Kilauea Town Plan. That was done on purpose and I think
the down-zoning was done at the request of the applicant so consider that when you are looking
at the use of the actually zoned property consider that this was a voluntary down-zoning by the
applicant in anticipation that that would not negatively affect the ability for them to put this
project together. Thank you very much for your time.
Chair: Next, Paul Massey.
Mr. Paul Massey: Aloha Commissioners, thank you for this opportunity to testify. My
name is Paul Massey and I am here to voice my strong support for the Kilauea Pavilion project.
I am the President of Regeneration's Botanical Garden which is a Kauai based nonprofit
organization which coordinates community food security activities and conservation of plant
diversity. Regeneration collaborates with the nonprofit Malama Kauai in providing education at
the Kilauea Community Garden. The owners of Anaina Hou, Bill and Joan Porter provided the
lease for this community garden and their generosity has allowed for a garden where Kauai
community members can learn together to grow their own food at low to no cost. The response
and participation in the garden has been extremely positive. I believe that the Kilauea Pavilion is
being offered to the community in the same spirit of generosity.
In 2008 I participated in a community meeting held by Malama Kauai to explore the
perceived wants, needs and desires of the community to incorporate any potential community
center at the former Guava Kai Plantation. At the meeting there was a strong expression of need
for the construction of performing arts and education center as well as a commercial kitchen.
The Kilauea Pavilion aims to fulfill these needs. Commercial kitchens I want to note are needed
to produce value added agricultural products which are a critical component of a revitalized local
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
19
food industry for Kauai. Think about how much shelf space is taken by packaged food at the
supermarket you shop at. All of that is created in a commercial kitchen.
The project manager has expressed to me their sensitivity to the sound and traffic issues
and I believe they will strive to minimize any disturbance to the surrounding neighbors. hi
closing I believe that the Kilauea Pavilion is a very positive contribution to the life of Kaua`i's
community and I respectively encourage the board to approve it's permit request, mahalo.
Chair: Kehaulani.
Ms. Kehaulani Kekua: Aloha mai kako, good afternoon Chair and Commissioners of the
Kauai Planning Commission. My name is Kehaulani Kekua and I am the Kumar Hula of Halao
(inaudible). We are a traditional hula institution that was founded by my grandmother in 1945.
My halau is based in Kilauea at top of the town. We teach at the Parish Hall right across from
the project. In 2008, in September of 2009 I was asked to perform a blessing of the land before
the project got underway and it was really important for me to learn as much as I could about the
goals, objectives, and the purpose behind this project. And so it wasn't until the later part of
October that I finally agreed. I felt very comfortable and in a two week period between the
ending of October and the beginning of November had the privilege and the Kuleana of doing
three land blessings, one for the community garden at Kilauea that Mr. Paul Massey just
referenced. And then a very small private blessing and ceremony with the key people on the
development team and then a formal community aha o halau Kaaina.
I found that the landowners and the project managers are very, very interested in the
community and everything that I have learned about this project has been planned, thoroughly
thought through with the community in mind first. As a Kumu Hula and a Hawaiian cultural
specialist I am most excited about the Kilauea Pavilion because it will not only feature an indoor
facility for the performing arts or for gathering of community and for educational opportunities
but it will also include the outdoor performance area as well. I am most excited about that. As a
traditional Kumu Hula we have been faced with having to remove our practices from the natural
elements in this modern day and time. There is no other facility like this.
For the past two years, in 2008 and 2009, we were sought out by the Eastern Band of
Cherokee and Cherokee North Carolina and they invited us to represent Hawaii and the native
culture through the performing arts at their annual festival of native peoples. They have two
very impressive outdoor facilities, one is their ceremonial grounds, and the other is the
mountainside theater which has been (inaudible) designed into the natural forested areas. It is a
beautiful venue and it has attracted quality experiences and shared experiences between the
community and those that visit and those that live there in the performing arts. There are many,
many stories to tell, there are chants and dances of this island that are unique that cannot be
found anywhere else. I am excited about this project. I strongly urge you to support it and
approve it. It is something that is deeply needed for our keiki, for our mauka, and for our
families, our `Ghana, the Kupuna and our visitors should have an opportunity to engage and
interact with the community and the culture of the community in this way. So mahalo nui for
your time, again I strongly urge and ask humbly for your support to pass this permit application,
thank you.
Chair: Dianna Bowman.
Ms. Dianna Bowman: Good afternoon Commissioners and community members. I am a
member of Halau Palai Hewa (inaudible). There aren't very many opportunities on the North
Shore. I have a North Shore resident for many years and there just aren't enough opportunities
for any kind of cultural events to be displayed and so on. There are so many opportunities that
we miss and that our children miss as well as the adults. I believe that the Kilauea Pavilion will
be a welcome and valuable resource to the North Shore community. Recently I think you all
know that we had a performance in May of this year, our halau, and we performed in Puhi and it
would have been so much nicer to have something close to where we are and where we learn. So
I just wanted to say that I am strongly in support of this endeavor and that I urge you to vote in
favor it swiftly so that we work may progress. Thank you for your time.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
20
Chair: Shawn Mahoney.
Mr. Shawn Mahoney: Good afternoon Commissioners, my name is Shawn Mahoney. I
am the field rep. for Hawaii Carpenters Union on Kauai. I am here to speak on behalf of this
project. When we are talking about community the developers approached a local contractor that
supports a livable wage that has been involved in apprenticeship and training and put many
journeymen to work for many years. Our members area varied lot and to have a project come
up for somebody to take into consideration using our local labor at a time when many projects
have been put on hold, even though it's not the biggest project in the world many of our
members are losing benefits, unemployment is running out. And I think this is a contribution
that sets an example for other projects that could happen in this area. Thank you very much for
your time.
Chair: Cecilia.
Ms. Cecilia Bonville: Aloha Commissioners, my name is Cecilia Bonville. I have been a
resident in Kilauea for 25 years now and I see this Pavilion as a return of a sense of community
for us up there. I see it as a sense of community for our children, we have kids just wandering
the streets in Kilauea, just normal kids, but that is what we have in Kilauea for them. They walk
the streets and they go to each other's houses. And I think this would give them something to do
to occupy their time. They need activities close to home that they can do with their friends and
with their parents, a place that is close enough that their busy parents can get them to and be
there with them. It is my gut feeling that kids that have a place to go and things to do tend to
stay out of trouble and I think that is important for us here on this island.
I see the Pavilion and the whole operation there as...I see that a healthy community
consists of people that get together, talk story, have a place to go and do things together. And
that is something that this represents for me and it is something we lost when we lost our theater
up there. We had a small theater and it was great, we were able to go and listen to performers
sing, watch movies, have the performing arts up there and it was always nice talking story before
and after. You knew who the other people in your neighborhood were and we seem to have lost
that up there. I look forward to getting that back. My personal feeling about the traffic, my gosh
we all drive down to L1hu`e for these things right now and anybody past Kilauea is driving
straight through Kilauea to get to LIIm'e for this so they are just going to be turning off in
Kilauea. Just tell them to go in the parking lot fast. That is basically all I have. I really would
love to see this project approved, thank you for your time.
Chair: Betty-Jean.
Ms. Betty-Jean Nativial: Aloha, my name is Betty-Jean Nativial and I am very much a
community supporter. I do a lot of the fundraisers and work with children a lot. I think to sum it
up best all you have to do is drive very slowly through Kilauea to see that that community needs
a place where the kids can gather and also their parents and being involved in Kilauea events
such as the Kilauea Neighborhood Association's part in the park, the Halloween parties. I was
involved in the Love Life Festival here in Lihu`e for suicide prevention. And really like I said
before just drive very slowly through Kilauea because you might hurt somebody if you don't,
there are hardly any sidewalks let alone a facility like this for them to go and have a good time.
And as a teacher there are so many of us that can't go and teach kids art because we really don't
have a place to do it and the schools welcome us but now because of the school system's
problems they don't have time to invite an outside artist in. A lot of them can but they just don't.
I see a lot of smiling faces, I don't have children but I can tell you we need a place for our
young community and I guess that is all I have to say. Thank you for your time and we look
forward to this coming through. As a person in that community for 20 years it has been exciting
just to see the project coming together and going up, it has been a nice thing to see. And I think
the traffic will be fine, we all go to the community events at the Convention Center and the
Community College for music and we don't seem to have a problem turning into those areas to
get to those events. So thank you for your time.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
21
Chair: Mose.
Mr. Mose Oppenheimer: Aloha Commissioners, I appreciate the time to speak to you.
My name is Mose Oppenheimer, I am a resident. I live outside of Kilauea and I want to give you
my strong support for this project. As of currently we really have hardly any place to gather on
the North Shore. The Church of the Pacific offers the opportunity to do some programs there but
it is a limited facility. I find myself and my family driving to Lihu`e or even beyond a lot of
times for plays, movies, musical events and it would be a really wonderful thing to have that on
the North Shore. Participating in plays has a big demand and driving 20 miles to be part of a
play is also something that is rather tiring. So it would be really nice to have a facility on the
North Shore. Since the Kilauea Theater as people have said, I don't want to repeat too much, but
since that closed down we don't have a facility there so I would really appreciate your support. I
want to say that sitting here today listening to you guys, I really appreciate, there is a lot to your
jobs and I really appreciate what you do, thank you.
Chair: Marin.
Ms. Marin O'Ryan Oppenheimer: Aloha Commissioners, my name is Marin O'Ryan
Oppenheimer and I want to voice my strong support for the completion for this project. I hope
you can let the Use Permit go through. I don't really have any new points that haven't already
been touched on but I think the idea of making our community stronger is really important. And
I think the facility will also help to foster creativity among all the people of Kilauea because they
can go there, be in a play, hire the place for a musical event or whatever the things are that kids
can be in the plays and things like that. It is totally daunting to think about driving to L-ihu`e for
me to be in a play. I miss out on a lot of great performances because I don't want to drive that
far, 25 miles or so. So anyway I just want to say I really hope we can have this, it seems like a
wonderful gift by the Porter family and the folks that are putting it together for our community. I
just think we should say yes to this, thank you for your time.
Chair: Bodie.
Mr. Bodie Sturgeon: Mahalo, my name is Bodie Sturgeon and I live in Kilauea and I am
here representing some of my friends. Some of them didn't want to come today, some couldn't
make it and some felt nervous in front of the group but I am here representing them to say that I
think this would be wonderful if this project went through. It would be amazing to have a movie
theater back here again and the outside Pavilion. I think it is a great idea, mahalo.
Chair: Any questions for Bodie, thank you Bodie, Lyle.
Ms.: Aloha, thank you for having us all here today to discuss this. I know that there are
a lot of issues on both sides. I represent the Board of the Kauai Pacific School in Kilauea and
there are many reasons just a parent and a Kilauea resident that I am in support of the Pavilion
but particularly with reference to our school we would love to have a place where the children
can put on performances that people in the community can come see and participate. We really
look forward to being able to hold community events, our school is very small and it is very
difficult to often find places where we can host a community event. And we try more and more
with the children to bring in as much of the community as we can and without this space to do so
it is really difficult.
So I really look forward to the community kitchen, the commercial kitchen because our
children have a Seed to Table program where they work in a garden every week and they grow
food from seed through harvest. And once that is done they have no place to prepare the food.
And we are working towards to the goal of actually helping to feed the community and with a
commercial kitchen that will help us get much closer to that goal so that the children can see how
important it is to grow your own food, to harvest it, to prepare it, and to share it. So that is one
of the things I am really looking forward to as well as the outdoor pavilion where the children
can put on performances that can be appreciated and enjoyed by the whole community. Thank
you for your time today, aloha.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hon
22
Chair: Carrie Souza.
Ms. Carrie Souza: Aloha Commissioners and community members my name is Carrie
Souza and I am a resident of Kalihiwai and have worked in the Kilauea Historic Plantation
Center since 1985. Thank you for this opportunity to have input on a very positive infrastructure
to promote healthy socialization and provide our community with a central gathering place. The
development of this area for discussion is not at all news to me as a long time tenant at the
Center I have been periodically attending meetings with the Kilauea Neighborhood Board since
1993. I was also board member from 2006 to 2009. The plan that comes before you today is the
third one that I have seen presented for the area but the first one who made the effort to consult
with community members.
In accordance with the due process of County Open Zoning, and application for State Ag.
Land, Karen and Mike approached me in 2006 gathering perspective on what best suits the
community. In the years I spent at my office in the stone buildings it is obvious to me watching
teenagers gather behind buildings, hovering around the dim sensory lights that we need a facility
for healthy socialization that is not in the dark. I speak for the youth of the North Shore that are
anxious to have a place where they feel safe to visit with friends and to be entertained. Without a
public school after 6th grade the North Shore offers very few if any public platforms for youth
and community to socialize. As a community we are so happy when a baby is born but once that
baby becomes a young teen approaching adulthood we as a community provide very few venues
for socialization.
Our newly licensed drivers are commuting for at night for an hour each direction, you
know that story with the movie thing, and then we have the old people that don't want to drive
on the road at night. So that is axed. The commercial kitchen will support North Shore farmers
as will provide a venue for utilizing produce. We have many talented cooks that need a legal
kitchen in order to produce their food items. Look at Waimea and Hanapepe; these small towns
are family friendly, not just retail, restaurant and real estate based. They offer entertainment, art,
movies, outside gatherings in a lit up area, healthy opportunities for people of all ages, tourists,
locals, etc. to interact.
These permits that are being sought after today are the end result of years of discussion.
These discussions were open to all community members, to anyone island wide who can attend
the monthly neighborhood, Kilauea Neighborhood Board meetings. These particular permits
requested are a collective of ideas and validated by years of community input. I noticed that just
recently on the State Highway going east two new signs have been installed to point out
pedestrian crossing for the crosswalk at the intersection into Kilauea Town. These signs are
clear and bright. I was happy to see them but I would like to request a speed reduction at that
intersection to 35 in alliance with the other small towns, it reduces to 35 and then the crosswalk
to be restriped. So thank you and I hope all the positive that this project will make available will
supersede any negativity that some people are seeing in this, thank you.
Chair: Is there a Polly, Dotty Ewing?
Ms. Patty Ewing: Aloha Commissioners, my name is Patty Ewing. First of all I have
already provided written testimony and I am in support of this project and I stand on that
testimony. I am a property owner at Kalihiwai Ridge. I own Kung Lung Center in Kilauea
which also includes the Kilauea Theater. I think maybe I should address the closure of the
theater since it has been brought up so frequently here. In fact I testified before, not this exact
same group back in 95 when there was another developer that wanted to bring in a theater. In
spite of what people think a movie theater is not a profitable business. It is usually in a location
because it draws people to a large center such as Kukui Grove. So for years, at least 10 years I
wasn't successful in attracting a commercial operator but we did have a tenant that occupied the
facility for 5 years, free rent. And at the time... there would be a financial contribution from the
tenant that tenant elected not to go forward with the project and I was well aware of how
disappointed the community was. But it speaks a lot for the Porters who are undertaking a
venture which certainly is not usually a financially viable venture on its own.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hon
23
I would also like to point out that I am contacted frequently by growers and farmers
needing a certified commercial kitchen. And two of my restaurant tenant have worked out a
relationship a arrangements with these growers to use their kitchens but they ate maxed out, they
can't do any more so all of the proposed uses in this application are very sorely needed in
Kilauea and also the North Shore. Thank you for this opportunity, I am looking forward to you
positive endorsement of this project, aloha.
Chair: Thank you, Faith.
Ms. Faith: I have a lot of the same things that have already been spoken so I will just
speak to two slightly different aspects of this project.
Chair: We appreciate that, thank you.
Ms. Faith: The first is that there is a lot of addiction on the North Shore of Kauai
because there is very little to do and there is not a real strong sense of `Ohana. Many people live
very isolated as I do. I have even discovered, I am not much of a drinker but I even find myself
just sitting home at night drinking a glass of wine instead of going out because there is nowhere
to go. So I am actually really concerned about the problem of addiction on the North Shore of
Kauai. I am a retired therapist and I have dealt with people in recovery from substance abuse
and the problem usually starts with people isolating and staying home alone. So I know that is a
big problem on the North Shore of Kauai and I definitely believe that having a pavilion with
activities and entertainment and a spirit of "Ohana, that this is medicine that we need for our
people for mental, emotional, and spiritual sanity. That is my first point.
Second point is I know Bill and Joan Porter and they are first class, awesome stewards of
all their properties. Everything they do is done with the most integrity, the most care for people,
and the environment. They have the most generous philanthropic hearts and everything they do
is a blessing so this is just a gift to the community and for the community to think that it is
anything but a just total generous gift is missing the point, thank you.
Chair: Rebecca.
I am just going to be brief because everything has been touched on. I just want to say
that I am a community member of the North Shore for many years. I am also a children's
educator and an individual who supports the imperative that Kauai become a more sustainable
and locally based economy. I see the proposed Kauai Pavilion as an exponentially vital asset
not only to the local community but to the global community as well. The more we cultivate a
local economy and strong positive community groups the more we will speak to the world about
what is possible when communities come together sharing knowledge and resources. And I
think in the world crisis, energy crisis, that bringing communities together for the resources and
the way that they are proposing to do it with working with the farmers to create goods that can be
put in the local markets for people to buy, the final products of the good being grown in the
community farms is really an important missing link, thank you.
Chair: Eric.
Mr. Eric: I am a Kilauea resident. I will spare repeating things for the fourth time. I just
want to say it is my opinion that development in inevitable and the most important thing is to do
it the right way. And one more time, they have been reaching out to the community since the
beginning. This is not a big money thing from what I know about it, this is for the community.
Chris: Aloha Board members and community members, my name is Chris Jabe. I am the
president of Malama Kauai, owner of Common Ground, a board member of KNA for the last 3
years. It is true that this is have been on the docket on and off for the past 3 and a half to 4 years
with KNA and we never had any negative, anybody appear at any meeting over the last 4 years
and say anything in any way that would suggest that this wasn't something the community didn't
want. So I don't know if that point has been made. Secondly, as a owner of Common Ground
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
24
we share water rights, roads and a major boundary, it is the old Guava Kai Plantation with the
Porters and putting it simply the Porters are great neighbors. They are the kind of people you
want to live next to because when you have a problem you can talk to them and when you have a
problem you have get it solved. As you know that is sort of fundamental to maintaining good
relationships to be able to communicate and deal with issues because usually you aren't always
on the same site at the same issue.
So I just really wanted to hold that up as the number one thing to think about as you look
at this application. The people and the integrity of the people that stand behind the project are
really what you are dealing with and the integrity here is A+. And the fabric of this community
in some way is really based on its ability to communicate and meet. It currently does not have a
central meeting space and these types of facilities are quite often put forth by the government and
big foundations. And to have somebody like this take on a project like this, it really has no
financial upside. There is a possibility it could break even if everything goes right at some future
place in time but the reality is this is a gift to the community of Kilauea and to look at this as
something that we might not be able to receive because of the possible noise issue raised by a
few community members just isn't fair, basically.
There is precedence around the rest of the country for having venue's like this inside and
outside, urban centers, and they have mitigated these problems by monitoring noise during the
performances and managing it accordingly and doing the same with setting hours of operation in
a way that they can be... so that it is not a problem with the surrounding neighborhoods. So in
summary I would just like to say that I am grateful we have people like the Porters in our
community that are willing to give something like this to our community because without them I
don't think it would happen. So thank you for your time and I hope you make a good decision.
Chair: Thank you, that has exhausted the list, is there anybody else? We have heard the
testimony... you have 3 minutes but just to remind the public that we know it is a good
community sense and the reasoning, the kitchen, the community for the kids. Again we are just
here trying to get new information.
Mr. David Dinner: I am David Dinner and I have often been on the other side this
development issue as someone who doesn't particularly support development. But in this case
the integrity of the people is unquestionable. The difficulty and I think the problem the people
on the ridge have to some degree is the lynchpin of the noise and the possibility that the
ownership doesn't always last as long as the land does. So I can see the problem that they would
have and I was wondering if there wasn't some way to make a partnership between the Kilauea
Neighborhood Association and the developers on this particular issue so that the community has
some say as to the days and the times that the outdoor venue would be operating. It would be
cooperation and I think that is very much in keeping with the way that this whole thing has gone
anyway and by doing that maybe people would feel better about that possibility. So that is my
only input and I am very much in favor of this development, I think it is a boon as everybody
here has said to the community and I really appreciate what Karen and Mike and the Porters are
doing to help us, thank you.
Mr. Jack Gushigan: Good afternoon Commissioners. I have a written statement here but
I am not going to read it because what has been discussed so far, for me, I look at it, it is a
recreational area going back to the old plantation days when I grew up. My name is Jack
Gushigan, 3rd generation of 5 generations of Gushigans in Kilauea. Like in the old days was
much simpler in what is now Kilauea Town. We didn't have to drive far to work, eat, or get
paid, or have fun. We actually had everything done right within that area. I don't know how
many of you is aware that the old Kilauea Gym area right now is so congested that I kind of
wonder how come... my main concern is one day somebody is going to get hurt when the Kauai
Bus manures around all the pedestrians when there is farmer's market and church groups, sports
activities all going at once where people even have a hard time driving around. I for one can't
even go home sometimes because that area is so congested.
So having this Kauai pavilion that I strongly support could relieve the pressure. I
actually was involved in founding the Guava Kai Plantation in 1977 and I grew up and phased
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
25
out that guava and phased out the sugar. So there are a lot of things that have been replaced by
the owner of the land that to me is real grateful as far as agriculture. There is the discussion
about Ag. in this small area but the area is so small that is going to be built by this pavilion that it
has integrated the whole system. To build this we need workers, construction works. The
Anaina Hou Golf Course area right now there are about 40 workers and the Ag. side which
consists of hydroponic plants, mahogany hardwoods, they have avocado and they even have
lands that has been donated to other individuals like organic chicken eggs and Malama Kauai is
coming out real strong now doing the community gardens out there.
This all ties in with the irrigation system which the owner actually helps maintain. It
starts from way up in the mountains where you have to make sure the system is operating
properly. So although this pavilion sounds not in the right place but all this is integrated. So I
strongly support the pavilion which I believe will create a better cultural and social environment
for the next generation. And I also trust the owners; they already proved themselves in all of the
other projects for the betterment of Kilauea. I ask you also for the support of this project and
(inaudible).
Chair: A show of hands how many still want to testify, just two?
Mr. Dwayne Carlson: Aloha Commissioners, my name is Dwayne Carlson. I live on
Kalihiwai Ridge just out of Kilauea Town and have been a self made man all my life. I love
living where I do in a house I built with my own hands and I value my neighborhood very much.
I have been excited for a long time about the prospect of the Kilauea Pavilion not too far away
from me. As a member of the Kalihiwai Ridge Association I am in full support of the Kilauea
Pavilion and do not foresee adverse affects on the Association or myself. In fact quite the
opposite, I believe that an outdoor theater where we can enjoy music and other entertainment
outside in our beautiful environment is just what we need on the North Shore.
I have know this project had great community support so I was not even going to offer
testimony thinking that there was no question that this should be approved until about a couple
months ago when I received a negative, misleading, and unsigned letter at my home about the
project which prompted me to speak up. I then received two more and found out that these were
sent out to the entire Association. I was extremely disappointed to see that certain individuals of
my Community Association were trying so hard to taint this project in a bad light by telling lies
and being deceitful and not even having the courage to sign their name on this flyer. I feel that
the author of this flyer is a coward for not owning up to their own words and that their
expressions are not the attitude of most of the Kalihiwai Ridge residents, at least not me.
I then called the associations managing agency, certified management, who confirmed
that the first of these unsigned letters came from the association president Jim Gair. I fear that
we must not let a few individuals ruin such a meaningful project that will benefit so many. I also
talked to a number of Kalihiwai Ridge residents and talked to them as far as what they want and
they are all for it. Their only reservation was we have the board that is... a lot of these people
don't want to go against the board. It's like what about the repercussions, Jim Gair will come
back or whatever and so they were in to signing something but they didn't want to come and
speak about it. I feel that we must not let a few individuals ruin such a meaningful project that
will benefit so many. The Kilauea Pavilion is a welcome addition to this neighborhood as we
really need a place where people can come together and enjoy all the talent that is on Kauai.
The North Shore will reap so many benefits from this project over time. I offer my full support
of the Kilauea Pavilion and ask that the Planning Commission approve this Use Permit, thank
you.
Mr. Bruce Fehring: Aloha Commissioners, thanks for hearing us today, my name is
Bruce Fehring. I have lived in Kilauea for many, many years. I am here today wearing three
hats, I am a farmer, I farm my 7.5 acres on Wailapa Road and I desperately need a commercial
kitchen to further process our food because you only make so much income from selling fruits
and vegetables that you can grow. But if we could process them it will enhance our business
greatly. I also come here wearing the hat of the co-founder of the Aurora Foundation, a
nonprofit. I look forward to being able to utilize the pavilion as a venue for fundraising which is
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hen
26
very important for any nonprofit, we can do benefit concerts for instance to raise funds for our
particular foundation and others can do the same. Lastly I wear the hat of a theater man. I am a
producer, a director, and an actor, and I have participated in many, many productions here on
Kauai. And I know this, productions here on Kauai are not just entertainment, they are
meaningful expressions of art and they enhance people's lives greatly. If you don't believe it go
to the lobby of the war memorial after a great performance and watch the people just absolutely
in tears or in joy about the performances they just saw.
That is very important and it is almost ...I have been discouraged over the years with the
amount of distance we have to travel in order to do that. It is not a question of just going once a
month to go to a performance. As an actor, a director, I find that when you do a performance
you go four and five times a week for months on end and to drive to Puhi to do that is a labor of
love. It would be such a wonderful thing to be able to do that right in our hometown of Kilauea,
thanks for hearing me.
Unidentified Speaker: Good afternoon, I have my written testimony here but I just
wanted to say that I am very excited about the opportunities and enrichments this venue will
bring to our island community. It would provide an outlet for the arts in the form of music and
dance amongst other things. I have worked in the auto insurance industry for the last 3 years and
I have seen firsthand the staggering statistics of drinking and driving on Kauai. Perhaps the
Kilauea Pavilion will help us improve our unfortunate statistic of Hawaii the highest number of
DUI related fatalities than any other state in the United States by providing our community with
other activities, thank you.
Chair: Can you state your name for the record?
Ms. Elizabeth (Inaudible Elizabeth (Inaudible).
Chair: Is there anybody else out there with new testimony.
Mr. Mark Rasai: My name is Mark Rasai. I am the Vice President of KRCA and I
would like to explain a little bit to you why we have concerns, why did we file the intervener's
petition. I am very much in favor of all the positive things that have been said that this project
can bring and I certainly think that the Porters are very fine people and I think their intentions are
the of the very best order for the neighborhoods of Kilauea and Kalihiwai Ridge. But I do want
to ask some questions. There is something missing here, why do we not see on paper their hours
of operation, intended hours of operation for the amphitheater? Why do we not have a clear plan
of how they are going to deal with septic waste on this site? These could be noise nuisances and
order nuisances and could very negatively affect the life of several people who live adjacent to
this project. I think those are the questions that you will need to ask them.
And I also want to just throw out the idea that I am very much in favor of a theater for
Kilauea. I don't have a problem with that. I see the problem here as being the amphitheater, that
is where noise will certainly be the biggest problem from that amphitheater and I don't see that
problem... living up there the last 12 years I am aware of the fact that it rains quite a bit. And I
wonder about this amphitheater is all out in the open, you are going to have a bunch of people
out there who are going to get rained on. What is it that you can do in the amphitheater that
couldn't be done in a well built theater? And I would suggest that if they look at the KCC
theater, it is a wonderful theater, the acoustics are fabulous, the War Memorial Theater, the
acoustics in there a fabulous. I am kind of wondering what is it that we can't do in a theater that
we have to have a amphitheater for? So I just want to raise those concerns so that you know that
this isn't something that we are trying to hold somebody back or do something that ...that we
don't have the community's best interest in mind and I just wanted to make those statements,
thank you for your time.
Chair: Is there anybody else in the public, if not I will bring the meeting back to order
and with that, Commissioners, this is a public hearing and I would entertain a motion to close the
public hearing.
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
27
Ms. Morikami: Mr. Chair, move that we close this public hearing.
Mr. Kimura: Second.
Chair: Is there any discussion before I close the public hearing, all those in favor say aye,
opposed, public hearing is closed.
On motion made by Paula Morikami and seconded by Jan Kimura, to close the
public hearing, motion carried unanimously by voice vote.
This portion ended at 4:48 p.m.
Respectfully Submitted.
r
4~0-
Lani Agoot
Commission Support Cl
Public Hearing Transcript
June 22, 2010
Excerpt-Anaina Hou
28