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GONZALEZ: Yes, Mr. Chair.
<br />WOODWARD: Mr. Gonzalez.
<br />GONZALEZ: Thank you. Ms. Zelko or Mr. Chu, if you could probably address the
<br />concern that was touched upon earlier by Commissioner Iwashita about certification from
<br />Department of Health. I’m specifically looking at HRS, Chapter 346, Child Caring Institution,
<br />any institution other than an institution of the State maintained for the purpose of receiving six or
<br />more minor children for care and maintenance not of common parents. If you think it’s
<br />applicable or, you know if you can just talk about that issue.
<br />ZELKO: Yes. Actually we are in contact with the Department of Health. And what
<br />they’ve said is when you get your special permit please come talk with us, and then we can work
<br />with them to get the permit. And I think that under the conditions if, in fact, we have to get the
<br />permit, which I’ve told them that will be part of the conditions of the special permit, is that we
<br />have to follow all rules, which would include that one, the Department of Health.
<br />And, also, I just wanted to make one other comment that had to do with Commissioner
<br />Iwashita’s comments about the archaeological survey that was done. Prior to us or prior to them
<br />coming before the Planning Commission initially they actually had submitted, as you can see, a
<br />no effect letter. And we did receive on August 12, 2004 a letter stating that they believe that
<br />there are no historic properties present because intensive cultivation had altered the land and that
<br />no historic properties will be affected by this undertaking. So even prior to that Commission
<br />hearing, we did have that letter. We had to go one step forward because of some things that had
<br />come up. And there had been, you know, talks about a cave, which we still, I mean, we just
<br />don’t know where it is. It’s definitely not on our property though. And that’s with the
<br />archaeological survey.
<br />IWASHITA: Well, if I can address that Mr. Chair?
<br />WOODWARD: Yes, please, go ahead.
<br />IWASHITA: Yeah, I’m aware of that, that letter. And notwithstanding that letter, the
<br />requirement was made basically in 2004. So, you know -. And in Waikiki, all right this is not
<br />Waikiki. But, you know, burials are, I think in today’s development environment that’s probably
<br />one of the key concerns. So, you know, you’re probably not going to do excavation or those
<br />kinds of things which ends up, you know, turning up iwi. But notwith -, you know, the
<br />requirement was there, that’s the main concern.
<br />And to address the last issue about the Department of Health and Chapter 346, it seems to me
<br />that the current operation at Shirakawa Hotel might require compliance with the Act. So, you
<br />know, it’s really troubling to me. Right? I mean, again, I admire what you do, right, and it’s a
<br />good thing obviously. So I’m not questioning that. But there’s a regulatory environment that
<br />seems like you need to comply with. And what’s distressing to me is either you’re ignoring it
<br />intentionally or that you have no idea what the rules are. And it’s troubling, it’s really -. And I
<br />don’t, you know, I asked you about what the consequence could be but, you know, there has to
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