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I mean I wouldn€t have a problem with it if the legal boundary was where it is. But since we€ve <br />just widened the flood zone by 100 percent, that€s a substantial impact on the thing. Now we <br />didn€t do a full-on site study. This was a zoning application, not an engineering study for this <br />project. So perhaps it€s something I should have looked at more closely at the beginning. But as <br />you say it€s standard procedure that you have the surveyor prepare a subdivision map that has the <br />legal boundaries of the drainage easement in line with the 100-year flood zone, that is standard <br />practice. And for a subdivision that€s only five years old to be 100 percent off is a substantial <br />surprise. So I should have checked it. <br />SIRACUSA:Mr. Chair? <br />GRAHAM:Excuse me. Commissioner Siracusa? <br />SIRACUSA:I had a procedural question. And I was just wondering that when it€s time <br />to make a motion on this I would like to have either the Director or Mr. Torigoe work up some <br />wording that would reference a new engineering study or whatever it is that€s, a new drainage <br />study, whatever would be necessary to bring reality in line with the maps so that everything is <br />very clear, you know, and there shouldn€t be this discrepancy between what€s on paper and <br />what€s on the ground. <br />GRAHAM:Yeah, I think Mr. Ross is surprised by the extent of the difference <br />compared to what he had expected. If you would like us to continue the hearing maybe so that <br />you can work this out. <br />ROSS:No, I don€t think, I mean at the end of the day the Commissioner -. It€s <br />unfortunate but it really doesn€t matter what€s on the ground. What matters is what€s legal; and <br />that€s a whole other story. If we€re going to change to get legal maps to match what€s on the <br />ground, it costs a lot of engineering funds which this project is not large enough to do. So once <br />we get clear on what the boundaries are, and there€s ways to do that, and I€ll work with Public <br />Works, it won€t be a problem, we€ll establish what that is. I understand what the Planning <br />Director is telling me, I don€t hear an invitation to have something else done, so I don€t know if <br />there€s any more discussion needed. <br />GRAHAM:All right, thank you. Sir? <br />MILLER:I€d just like to add one more comment. As I stated before I believe there <br />was a study done in 2001 which I can provide to the Planning Department to review which took <br />into account to the new channeling of water from upstream into the conduit or corridor adjacent <br />from the property. <br />GRAHAM:Okay, thank you. Any further questions from the Commissioners? We do <br />haveMr.JustinPittullosignedupforpublictestimonyhereforaminute.So,Mr.Pittullo, <br />maybeyoucancomesitontheendthere,andyoufolkscanstaythere,andjustusethat <br />microphone. <br />PITTULLO:Goodafternoon. <br />GRAHAM:Andmaybejustgiveyournameandaddresssincethisisanewitem. <br />PITTULLO:MynameisJustinPittullo,POBox67,Hilo,Hawaii96721.Mr.Miller€s <br />propertyisabovemineandI€mveryfamiliarwiththedrainageissuesathand.I€mnotan <br />engineer but I€d just like to add my two cents. I€ve looked at this section of land extensively for <br />the last probably 8 or 9 years. I bought this property in 2005. And what Mr. Miller is saying is <br />accurate. The water flow is not nearly what it was before. I mean things were getting washed <br />away to where I wouldn€t even consider buying this property before the corrections were made. <br />11EXHIBIT C <br /> <br />