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2010-01-08 TCARLILE
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2010-01-08 TCARLILE
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The next condition would be Condition No. 7 which limits the vehicles on site to 15-passenger <br />vans. There’s a concern that people will be coming from Kona and by limiting the size of these <br />vehicles they would have to bring more vehicles from Kona. So he was asking that he would be <br />agreeable to increasing that to 30-passenger vans. And, again, Mr. Carlile, if you have any <br />concerns or disagreements, if you could -. <br />CARLILE: That’s not a big issue, except just thinking of the environment and cost and people <br />and so forth. Coming from Kona is quite a ways and it just would cut down on traffic, etc. That <br />it not that big a deal for us, but just thought it might be more practical. <br />WOODWARD: So those revisions, the two revisions he has mentioned, the 30,000 per year <br />number and the change in the size of the vehicles, those are acceptable to you? <br />CARLILE: Yes. <br />DARROW: Thank you. Looking at the next condition, this would be Condition No. 9; and this <br />is a condition which prohibits weddings, concerts, conventions and other types of special events <br />and activities. This is our standard condition placed in retreat facilities or other types of similar <br />requests that actually don’t ask for these types of events. And the main reason is that there’s no <br />conditions limiting, if these uses were requested by the applicant we would be able to limit the <br />amount of events, the amount of people, the amount of vehicles, those types of limits on these <br />particular uses. So at this point I believe the Planning Director is asking that if the applicant <br />wants to proceed with these particular uses that he would come in for an amendment for these <br />uses. <br />And then the last condition is Condition No. 10. The bottom portion of the property that <br />connects to Old Mamalahoa Highway also runs halfway in Umauma Stream. And basically we <br />just have a condition that it’s a traditional customary use that people go swimming, they access <br />the river to go fishing, and get prawns, and other type of activities in there. And so it’s our <br />condition that we just not block, that the applicant not bock that access. His concern is that in his <br />particular quadrant there in that section that that area is very dangerous to access into the stream. <br />I guess from the bridge down to where the stream is there’s no practical way to get down there. <br />So his concern is more out of liability and safety. But at this point the Planning Director <br />recommends to keep this condition in, just because that if it’s not an area that people don’t access <br />they won’t and it shouldn’t be a concern. Regarding liability, there is Hawaii State Law 520 that <br />does not have liability on the private landowner for recreational uses. <br />WOODWARD: All right, thank you. We did have, did you have anything further to add to any <br />of this? No? <br />MIKKELSON: Not at this time. <br />WOODWARD: Mr. Carlile? <br />6 <br /> EXHIBIT B <br /> <br />
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