HomeMy WebLinkAbout2012-04-19 Leeward Exh A - Tim Bostock
LEEWARD PLANNING COMMISSION
COUNTY OF HAWAI‘I
HEARING TRANSCRIPT
APRIL 19, 2012
TIM BOSTOCK PRODUCTIONS, LLC
A regularly advertised hearing on the applications of
(SPP-12-131)
was called to order at 9:34 a.m. in the West Hawai‘i Civic Center, Community
Center, Building G, 74-5044 Ane Keohokālole Highway, Kailua-Kona, Hawai‘i, with Chair
Geraldine Giffin presiding.
COMMISSIONERS PRESENT: Geraldine Giffin, Brandi Beaudet, Lani Bowman,
Thomas Hickcox, Richard Nelson and Thomas Whittemore
ABSENT AND EXCUSED: Wayne Iokepa
ALSO PRESENT: Ivan Torigoe (Deputy Corporation Counsel), BJ Leithead Todd (Planning
Director), Daryn Arai (Planning Program Manager), Jeff Darrow (Planner) and Noriko Sauer
(Commission Secretary)
And approximately twelve people from the public in attendance.
APPLICANT: TIM BOSTOCK PRODUCTIONS, LLC (SPP-12-131)
Application for a Special Permit to allow an annual music festival and related activities on the
Waiki‘i Ranch Polo Field and surrounding lands situated on portions of three separate parcels for a
combined approximately 14.5 acres of land within the State Land Use Agricultural District. The
properties are located along the west side of Saddle Road within the Waiki‘i Ranch Subdivision,
approximately 6.5 miles south of the Saddle Road/Māmalahoa Highway intersection, Waiki‘i,
Waikoloa, South Kohala, Hawai‘i, Tax Map Keys: 6-7-004: 004 (por), 6-7-007: 003 (por), and
6-7-001: 022 (por).
GIFFIN: Moving right along, that brings us to Agenda Item No. 2. The applicant is Tim Bostock
Productions, LLC, SPP-12-131. The applicant has submitted an application for a special permit to
allow an annual music festival and related activities on the Waiki‘i Ranch Polo Field and
surrounding lands on portions of three separate parcels for a combined approximately 14.5 acres of
land within the State Land Use Agricultural District. Daryn?
ARAI: Thank you very much. If I may direct everyone to the projection screen – one moment
while we turn off the lights to get a better view. Once again, the application for a special permit, the
applicant is Tim Bostock Productions, LLC. The project site is situated within the Waiki‘i Ranch
Subdivision, which is located off of the Saddle Road in the South Kohala District. The property is
located roughly 6.5 miles from the intersection of Saddle Road and the Māmalahoa Highway.
Looking at this location map, Saddle Road is this line running top to bottom with the top heading in
the makai direction, bottom mauka. It is located on the south, I’m sorry, the west side of the Saddle
Road in this area here. The project site is highlighted to some extent by this white color. The white
color represents the zoning of the property; it doesn’t necessarily indicate the size of the project site.
The project site itself would be situated, consists of roughly 14.5 acres. Zooming in closer, the
project site is roughly in the eastern quadrant of this area that’s in the whitish color. It also includes
additional lands just to the south on an adjoining property and, again, additional lands would be
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utilized in this particular location here highlighted by my pointer. Access would be provided from
the Saddle Road off of the Waiki‘i Road, which is a private roadway. It is the mauka gate entrance,
as you are driving mauka to makai along the Saddle Road. The project site itself is zoned
Agricultural-80 acres; surrounding lands include land zoned Agricultural-10 acres, as well as Ag-40
here across the street, across the Saddle Road, as well as mauka of the Waiki‘i Ranch Subdivision.
The subdivision itself consists of roughly 128 lots ranging in size from ten, 20 and 40 acres.
This is an overlay of the parcel layout onto an aerial photo. Again, you can, Waiki‘i Road is in this
location here, and this being Saddle Road. The project site itself encumbers the polo field within
the Waiki‘i Ranch Subdivision, as well as adjoining lands, and where my laser pointer is showing is
roughly the location of the polo field. Additional parking in support of the event will be provided
on the adjoining property indicated where my pointer is showing; that will be provided for staff and
VIP parking. And additional public parking will be provided on lands in this particular location
here.
This is a further close-up. Again, note the entrance from Saddle Road along Waiki‘i Road, then
turning down onto Paleo, Palekaiko Road I believe it’s called, which is this road here. The polo
field is located in this vicinity, and the clubhouse, the Ranch Clubhouse, is located in this general
location.
The applicant is requesting a special permit to allow an annual music festival and related activities
on the Waiki‘i Ranch Polo Field and surrounding properties, which would constitute a total of
approximately 14.5 acres within the State Land Use Agricultural District. The event itself will be a
three-day event held annually that would include music, drink concessions, souvenir sales and
public parking. The applicant proposes to limit attendance to 4,000 concertgoers a day, including
staff and volunteers, and 100 individuals that will be contracted to provide onsite services such as
security and parking. I should note that – maybe this is not exactly true, accurate – my
understanding is the total anticipated attendees is 4,000, and that includes support staff; so one
could argue, and maybe the applicant can clarify, that if it’s just concertgoers, it’s probably in the
neighborhood of about 3,500.
This is a graphic layout of the proposed festival site. The polo field is here. The clubhouse is in
this location here with Waiki‘i Road access in this vicinity here and Saddle Road depicted here.
This would be the basic -. The stage would be in the northern portion of the polo field, and this
would be the concert ground itself. And across the street, across the Palekaiko Road, would be the
staff, VIP parking, as well as additional public parking in this vicinity. And again, this is another
graphical overlay showing the polo field site and where the actual concert itself would be held.
The Planning Director is recommending approval of this special permit subject to conditions. I’ll
quickly go over some of the conditions right now. Condition No. 2, and if you were to refer to your
goldenrod-colored report, it will limit the event to one single annual event held over three
consecutive days, a maximum of three consecutive days, between the hours of 10:00 a.m. to 10:00
p.m.; this is information that was provided by the applicant as well. We are requiring, too,
Condition No. 3, that the security and traffic control plans for the festival be developed in
coordination with the respective reviewing agencies to ensure the traffic and security issues are
mitigated to the extent possible. And additional Conditions 4, 5, 6 and 7, which will address
specific access and support requirements of the Fire Department, as well as the state Department of
Transportation.
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This is a site photo. The mauka gate entrance to Waiki‘i Ranch Subdivision is located off to your
right where the County vehicle is located. This is the Saddle Road looking mauka. This is a shot of
the same gate entrance but at this time looking makai along the Saddle Road, with access off to your
left. This is looking from Saddle Road down the Waiki‘i Road entrance, gate entrance, with the
gatehouse located in this vicinity here. A closer-up view of the gate entrance, and you may note in
the background is where the polo field is situated. This is a shot at the very end of Waiki‘i Road,
with the polo field situated in this location here. The clubhouse is in this vicinity. This is another
shot of the polo field area, with the clubhouse off to your left, and this is from the, from the start of
Palekaiko Road. And this is a shot looking roughly southwest, I believe, where you will have the
VIP parking and additional public parking off in the distance. And finally, this is a shot of
Palekaiko Road looking west, with the clubhouse facility off to your right and the polo field off to
your further right. So with that, I stand ready to answer any questions that you may have. I am
aware that the applicant will be speaking on this application and may have some suggested changes
to the conditions of approval. And should that be introduced, we would like to possibly offer some
additional changes as well.
GIFFIN: Thank you, Daryn. Commissioners, any questions of staff? I know I had some questions
but, Daryn, I think I’m going to ask, or wait until the applicant makes their presentation. Seeing
that there isn’t any immediate question from the Commission, I think what I would like to do is call
the applicant and the applicant’s representative to come forth. Good morning. Will you please
raise your right hands. Do you swear or affirm to tell the truth on this matter now before the
Leeward Hawai‘i County Planning Commission?
MOORE: I do.
BOSTOCK: I do.
GIFFIN: Thank you. Please state your name.
BOSTOCK: Tim Bostock, principal of Tim Bostock Productions.
GIFFIN: Thank you. And?
MOORE: I’m Bill Moore of William L. Moore Planning. I’m now assisting Mr. Bostock in the
application.
GIFFIN: Thank you. Bill, do you want to begin and just give us some additional information on
this application?
MOORE: Sure. Again, if there’s any specific questions on the application, I will have Tim -. But,
you know, we have gone through the staff report and the recommendations, and we have some, I
think what we would consider, some very minor suggested amendments. They are not life or death;
if you don’t accept them, we can live without them. But they are just to clarify. And I have a
hardcopy, if I can get permission to hand them out to the Commissioners.
GIFFIN: Sure. Bill, are these some changes, suggested changes to conditions?
MOORE: Yes, they are.
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GIFFIN: Okay. Maybe while the staff is distributing that, I had a few questions that I thought I
would ask. This is, as I perceive, Bill, a two-day event for this specific event, is that correct, not a
three-day?
BOSTOCK: That is correct. In this first year we want it to run on just Saturday and Sunday, a
weekend event.
GIFFIN: Thank you. There was no mention of allowing camping overnight of your concertgoers.
Is this going to be something that you would permit or not?
BOSTOCK: No. We are not intending to allow camping or any, any staying onsite overnight.
Instead, we’ll have security looking after PA.
GIFFIN: So security will go ahead and -.
BOSTOCK: Including the vendors, they will be asked to leave.
GIFFIN: So everybody will be asked to leave.
BOSTOCK: Yeah.
GIFFIN: Okay, so Saturday night, nobody else is there after 10:00.
BOSTOCK: Yes.
MOORE: Except for security.
GIFFIN: Right. Thank you. My next question had to do with Condition No. 3 as proposed by the
Planning Director – a comprehensive security and traffic control plan. And I think that that’s big;
knowing that we are, you are anticipating 4,000 people, that’s kind of huge. So in terms of, just
generally, and I mean this generically, aside from what has been presented to us in our background
information, is there anything else that you would like to say in reference to that condition?
BOSTOCK: Yes, thank you, Madam Chairwoman. I did produce a plan this week, earlier this
week, and shared it with the Planning Department and with the police, and we’d expect to go into
that in more detail with Captain Aimee Wana and others in the police and with DTS. I haven’t had
any direct communication with DTS. So I have a draft plan, which sets out exactly how many
private security and special duty police I would expect to bring in and where they would be
stationed, and that is, that would be discussed with Police and with DTS. We also in the plan
addressed how the traffic can be lined up along Waiki‘i Road so that it doesn’t back up onto Saddle
Road; that’s the key intention, that we don’t allow a backup onto Saddle Road.
GIFFIN: Okay. So I know that there is a ratio between the number of people and the number of
security that is required. That ratio is something that you would honor?
BOSTOCK: I haven’t been told what the ratio is, but, of course, I would honor, yes. I have
proposed so far eight special duty and 30 special security and over 20 parking marshals; that’s
what’s in my plan at the moment. I had a conversation with Captain Wana last night over the
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phone, and she suggested that she might be requiring more special duty. So, again, I will work with
the police to establish what those numbers should be.
GIFFIN: And at that entrance that you are talking about, to allow the concertgoers in, I know that
there is a gate. That gate will be left open and manned by your people?
BOSTOCK: Yes.
GIFFIN: So then, they just come in. Is that where they are going to be showing their concert
tickets?
BOSTOCK: No. We, I’m moving the checkpoint to the bottom of Waiki‘i Road near the polo
field, so that we allow space for almost 100 cars – I estimate about 80 cars actually – to take, so
they can stack, if you like, along Waiki‘i Road. That was a key. In previous years the gatehouse
was the checkpoint, and it makes sense to me to move the checkpoint towards the polo field, so that
we can allow that stacking to occur on Waiki‘i Road not on Saddle Road.
GIFFIN: Right, Saddle Road, okay.
MOORE: If I can, just to give some perspective here. I think it’s important to understand Tim’s
background, and this is not his first concert. So he is coming into this as, I think -. It will be
acknowledged that the previous music festival, which I did not attend, were not as professionally
managed. And if Tim, with your permission, to just run through some of your background. Tim?
GIFFIN: Sure, Bill.
BOSTOCK: Thank you. I’ve been a professional event producer and promoter for 25-some years,
15 years in Honolulu. My company has presented events that are at the Hawai‘i Theater, at the
Concert Hall, that have toured to Kahilu Theatre on this island to Maui Arts and Cultural Center.
My events primarily are family events, international music concerts. Just last year I presented
Ladysmith Black Mambazo, and Afro-Cuban All Starts, Dame Kiri Te Kanawa – thank you. I
probably do 20 events a year of really different styles. I don’t do what Tom Moffatt does, which is
oldies and rock, and I don’t do young pop, and I don’t do reggae. There are other promoters that do
those things. I have a very strong family audience, demographic niche. I also in the last five years
have presented, I think, 16 street festivals downtown from the Mardi Gras Street Festivals and the
Cinco de Mayo and the Oktoberfest Street Festivals among others, which are licensed by the City
and County of Honolulu. And I work very closely with Honolulu Police Department and DTS over
that county to create and manage those events. And I will be running the Cinco de Mayo Street
Festival in just a couple of weeks downtown. So I still have events that are running in Honolulu.
But since moving to the Big Island six months ago, I have intention to work more and more in the
Big Island. Just in May as well I’m presenting Kuana Torres Kahele in three concerts on this island
– Aloha Theatre, The Palace Theatre, Kahilu Theatre. And in December, this past December, I
presented Amy Hanaiali‘i and her band in a great couple of Christmas concerts that was sold out –
Kahilu Theatre and The Palace Theatre.
So my background is music promotion, event promotion, more in-venues than out; I worked more
in, you know, indoor venues than out. But I have a great deal of experience in outside as well. And
I’m bringing that experience to this event. I’m bringing both experiences, because another key
element of my plan is to attract an older concert-going demographic, not the, well, less lawless and
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less inclined to create trouble. And that, I achieve through program and through advertising and
through intentionally creating a program that that audience will come to – a family audience and a
better-behaved audience. I, like Bill, never went to a previous Waiki‘i Music Festival. I wasn’t on
this island then. And while they sound fun, they also said some broke a lot of rules. And I don’t
intend to create an event like that. It draws from that and, of course, there is the brand; the Waiki‘i
Music Festival is a brand, and many people on the Big Island have heard of that and will respond to
it. But I will do my utmost with advertising particularly to get the word out that this is under new
management, coolers will not be allowed, bags will be searched, and so on. And this is all provided
for in the security plan.
GIFFIN: Bill, is there anything else you wanted to add?
MOORE: In terms of the background, I would just also add that Tim is a resident of Waiki‘i
Ranch; so it is not just from an outsider’s perspective that he is doing this. So I think that it just
adds to, I think, the concern in doing it right.
If you are ready, I can go through the proposed conditions, if, or whatever, just the conditions -.
GIFFIN: No, I think the Commissioners may have some questions -.
MOORE: Absolutely.
GIFFIN: Of what has been presented so far. I saw Lani. Lani?
BOWMAN: Thank you. A couple of questions. Your outdoor venues, were they in Hawai‘i and,
or as large as this? Your outdoor -.
BOSTOCK: Yes. I can back up a bit further. In the, you can tell from my accent, in England in the
United Kingdom I was the development director of the National Street Arts Festival. So in England
most of my work was actually outdoors. It was when I came to Honolulu that I started working
more with indoor venues. So I’ve worked with very huge sites across London and the southeast of
England and Edinburgh and Belfast and Glasgow. So I’m, I’m -. But mostly open sites, so they are
very often large parks inside an open setting. In terms of size, you know, this sort of 3,000, 4,000 is
smallish for an outdoor event from my experience; the Mardi Gras Street Festival downtown
attracts between 8,000 and 10,000 people -.
MOORE: Downtown Honolulu.
BOSTOCK: Downtown Honolulu. And the Cinco de Mayo Festival is smaller, about 5,000. I
have heard all sorts of figures, you know, there used to be 10,000 people or 15,000 people. And
Captain Wana told me just yesterday she has heard the same, that she said up to 10,000 is a figure
that’s been bandied about the previous festivals. That’s slightly hard to believe because it’s not that
big of a site. But certainly, I believe there were more than 5,000 people congregated on a successful
festival in the past. And my proposal to limit the numbers – Daryn is right – the proposal is to limit
tickets issued to 3,500 per day, which really keep a cap on it. And my estimate of 500 ancillary
people that would be vendors and my employees, security, and parking marshals is a high estimate.
So 3,500 tickets issued per day is really capping it properly, I believe. And certainly, the venue is
big enough for that. In terms of logistics, the biggest issue is parking, and I believe we’ve met that;
the landowners that are involved have supported the parking plan.
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BOWMAN: I have another question regarding the parking. So maybe I’m -. So your basic concert
area is seven acres.
BOSTOCK: I think that’s right. That’s part of the polo field.
BOWMAN: Okay, so that works out to like 571 people per acre. I don’t know how -. That’s a lot
of people in seven acres.
BOSTOCK: Yeah, it’s, I didn’t bring any, I did some figuring on how much Waikīkī Shell and the
Waikoloa Bowl -. You know, Waikīkī Shell is significantly smaller than seven acres and its official
cap is 8,000.
BOWMAN: But they have a shell, right, they have seating. Are you going -.
BOSTOCK: They only have about, I think it’s about 400 seating and the rest of it is on a slope.
But it’s more perfectly arranged for a concert, because it’s a shell and it’s a bowl, rather. So I think
in terms of capacity, the space is sufficient.
BOWMAN: Okay, thank you. Forgive me, because I’m not a, like, concertgoer but I just -. And I
have questions on the parking. What we got is an illustrative layout subject to change; I assume the
change would be with agreements and with the recommendations, right, from the Director?
MOORE: The illustrative layout is more of the internal layout to the, how the festival would be set
up, where the vendors are going to be, because that could change through time. But the boundaries
are set by the special permit.
BOWMAN: Okay. Yeah, pardon my ignorance. Again, so your, the public parking, I believe, five
acres, and the VIP is another two or three?
BOSTOCK: Yes.
BOWMAN: And that will hold about 1,000 cars. Again, I don’t know, I’m not a parking expert.
BOSTOCK: Yes.
BOWMAN: Okay, thank you very much.
GIFFIN: Commissioners, any other questions of the applicant? Tom.
WHITTEMORE: I’ve got a question with respect to the liquor side of it. And just to clarify, I have
attended many of those events in the past. As a matter of fact, I was, the canoe club that put it on, I
was part of, but that was, all I was involved with was security and things like that. But there were a
lot of complexities to that. I’ve got a couple of questions. One, the first one is that you noted that
there were several deficiencies or things that needed to change based on what you had heard, I
guess, of the past how it was handled. So if you could identify those and what you would do to
correct those. And then secondly, my question is with respect to the liquor side with liability.
That’s a horrendous road, and when that event is done, there are a lot of cars leaving that and it’s a
real traffic fiasco. And I’m just curious – when you’ve got people that have been out there drinking
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in the hot sun and they are usually there all day, you’ve got a tremendous liability issue – where do
you draw the line with your liability exposure? Does that rest with the County’s responsibility at
that point, because they are on a County road or a State road? Or is that -. Do you have liability?
BOSTOCK: My understanding of liquor liability is that I’m always responsible, if I’ve poured for
any event that happens thereafter with, that involves intoxication. So that is my understanding and I
would certainly take that on under my insurance. If I can say as well, in conversations with the
Police Department, for this year I have undertaken to not run a liquor concession for this year; I
wanted to prove that we can run this properly. And as I understand it, the special duty would not be
provided, if there was a liquor concession, and that the chief made a special waiver, which I don’t
think the chief would like me to do until I have proved that I can run this event properly. So I want
to keep the request for liquor in, and this is one of the changes, or some word changes that Bill is
going to suggest in a condition, but when, we are not intending to run a bar tent this year.
WHITTEMORE: But that’s only the first year. I’m concerned about the second, third, fourth, fifth,
ongoing because, you know, one year is fine, but the road is not going to get any better in the
second or third or fourth or fifth year. I’ve seen the trail. I’ve been in the trail of traffic and,
unfortunately, I’ve been behind people that were not being in control of their vehicle, so -. It’s a
party atmosphere in there.
MOORE: I think -. If I can, a couple of things. One is, you know, trying to reprove, re-brand and
reprove what was going on. The second is, I think, Tim, if you can touch on some of the, you
know, the strategies in terms of, you know, who you are bringing in and timing of your main acts,
and the like, in terms of just trying to manage some of that. And again, the initial plan is to end that
in daylight, so, which I think the other concerts didn’t, so we are going home in sunlight rather than
in dark. But if you can touch on some of the other strategies.
BOSTOCK: Yes. Commissioner, to answer you the first part of your question, how am I making
changes from the event as it happened before, is how I perceive it. Yeah, I think the first part is
delineating the perimeters of the event and working out the entrances, as I described, so that you
don’t have this backup on Saddle Road. I think the second part is providing sufficient security that
are professional; they are not volunteers, they are not, they haven’t come here in exchange for
tickets, which is what, a majority of security, I believe, in the past were simply provided tickets, and
so they weren’t trained security. So you have trained uniformed security, and you have enough.
And as I said, we’ll communicate with the police more. They may be bumping my numbers of both
private security and special duty from my existing plan, and I would be comfortable with that. We
have enough for the numbers. And then there is a matter of how you approach the event itself; so it
starts early enough, and that you search bags properly, you provide that no coolers are allowed in
and you advertise and promote that. And just as the Waikīkī Shell and the Waikoloa Bowl, some
people will turn up with coolers and you have to turn them away. And you have to provide, have to
make sure there are enough people to allow you to do that; that there are enough people to turn
people back in the line and say, I’m sorry, take that back to the car. Then if great big puff of smoke
is seen in the middle of the crowd and the smell is very recognizable, you send your security in to
stop the weed smoking. In the past there has been a really large amount of weed smoking. And we
are not going to body search people because that’s not within our ability, but we can stop smoking
immediately. And just as happens at the Waikīkī Shell with security that are used, that know what
they are supposed to be doing, you go in and you stop the first two very obviously and quite
dramatically, you move through the crowd quite fast and you eject individuals that are breaking the
law, and you confiscate items. I’ve talked to Captain Wana about how we would deal with
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confiscations and so forth. You set the tone quite early on, and that actually makes a difference in
how the rest of the event plays forward. There is, and I think this is another reason why I’ve
decided not to do any liquor in the first year, because there is an expectation that it’s the old Waiki‘i
Music Festival back again, it’s Father’s Day weekend, it’s going to be just like the old days. Well,
it won’t be just like the old days because it really won’t be; we won’t be allowing people to bring in
alcohol in the way that, I believe it was pretty standard before, I think it was just accepted and that’s
what you did. Even though the posters said this is an alcohol and drug free event, I don’t think that
was adhered to.
And Bill mentioned the timing. Obviously, there is going to be a crunch as people move out of that
one access road onto Saddle Road going both ways. We keep monitoring that; we have parking
marshals, we have special duty to help, we have security as well to help, the cars are moving. And I
have headliners throughout the day and, in fact, the last act will be one of the least well-known acts.
So I’m encouraging people to leave, you know, not just all at 6:00, but to leave at 3:00 after Willie
K, or to leave at 4:30 after Amy or John Cruz, depending on whether Saturday or Sunday, and that
really helps to pace the day, to pace the day through.
BOWMAN: So do I understand that your entertainment is going to be through at 6:00, but the
permit is till 10:00 to get everyone out?
BOSTOCK: I really hope to get everyone out before dark; but absolutely, the entertainment will
close at 6:00 in the end and we’ll start moving people out. And at that time the vendors will not be
allowed to sell after that time.
BOWMAN: Oh, after 6:00, or after the last -.
BOSTOCK: Yeah, after 6:00, yeah.
BOWMAN: Okay, thank you.
MOORE: Just to be clear, the options in what we will try to do, and this is my recommendations,
trying to keep some options open; if things are really successful and you want to do a Friday night,
and that will probably go, start a little later and end a little later. And so there’s some different
options here. But clearly, the intent is to, you know, have, follow the daylight hours on Saturday
and Sunday. And part of this is, you know -. And again, we are agreeable to the condition on the
security plan. So there is oversight. It’s not just whatever Tim wants to do, but there is oversight;
there’s consultation, if we want to go later in the evenings. But that’s just to create some flexibility,
as I said. We have a three-day festival permit, the initial festival is maybe two days, and that may
be all that ever is. So it’s just going to depend on how things go and how things operate.
GIFFIN: Daryn – excuse me for just a minute – and correct me if I’m wrong, I think what Bill is
speaking of is germane to this first concert, but in fact, the application is generic to the future,
correct? So we are speaking of a three-day application. We are speaking of 10:00 to 10:00, 10:00
a.m. to 10:00 p.m., correct, Daryn?
ARAI: Condition No. 2 basically provides for the outward limits, I guess, is the best way to
describe it, of what this event can do operationally. The general assumption is that, as it reads -.
That’s why it says “a maximum of three consecutive days.” What’s clear is that it must be
consecutive. They can’t have a festival one day and then a week later have another; it has to be
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consecutive. How many days? It doesn’t matter as long as they do not exceed three consecutive
days. Hours of operation, likewise, they can shut down at any time within those prescribed hours.
But the assumption is that all activities associated with this event shall terminate at 10:00, basically
everybody out by 10:00 p.m.
GIFFIN: And then the same thing applies to the liquor, right, dispensing a liquor concession?
ARAI: Well, I’m not familiar with liquor laws, but my understanding is if liquor is to be sold, you
will need a liquor license. If, at their election if they wish to prohibit people bringing in liquor
through coolers, they have the right to do so. But right off hand I do not know if that by and of
itself requires a liquor permit; I think liquor permit is only for the sale of liquor. Am I correct,
Director?
GIFFIN: Planning Director?
LEITHEAD TODD: Yeah, the liquor permits are only required, if they are dispensing. And they
would have to post security, because they probably have to demonstrate that they have an insurance
policy to cover that. But they would bear the liability, as they would be the dispenser of the
alcohol, if they had a liquor license. And they, if they, it’s their event, they have the right to
prohibit coolers and to prohibit people from bringing it into the area.
GIFFIN: Thank you. So, Daryn, if I understand this correctly, even though there are special
conditions that are going to be happening, if we approve this application for this coming June, what
we are in fact approving is for henceforth.
ARAI: I’m sorry. You are correct. The permit runs with the land and it’s with assumption that this
event will be held annually for a maximum of three consecutive days each year.
GIFFIN: Okay. With the possibility of a liquor concession.
ARAI: They have that option as provided for in the permit as long as they get a liquor license.
GIFFIN: Correct.
BOWMAN: I have a question.
GIFFIN: Commissioner Bowman.
BOWMAN: Is there any way in Condition 2 to clarify that 10:00 p.m., you know, I guess, all
concertgoers should be vacated? I don’t know how to word that. But when I look at this, the music
festival hours to me says we can, and I’m just throwing this out, you know, we can have a music
festival until 10:00. I’d like to see if we can be more succinct to say everybody out by 10:00. And I
don’t know how to word that. If that’s a problem or that’s a concern -.
ARAI: Well, I guess we can further refine this by saying something like, to the extent of, “all
activities associated with the music festival shall be limited to” or “shall occur between the hours of
10:00 a.m. to 10:00 p.m.” And when I say “all activities associated with the event,” it means things
like parking, it means like dismantling the tents, setting it up -.
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MOORE: I would, I would struggle with some of that language, because that means you can’t set
up until 10:00 in the morning, if you are going to have a concert. So, you know, I think you need to
be real careful on this language. And, you know, just to comment, there are some safeguards, I
believe, within the permit’s conditions, which the applicant is agreeable to, which is the security
plan. Again, we need to involve the police, we need to get approval from the Planning Director, if
we are proposing to do something that goes to 10:00, and then we are going to have a two-hour
after-party cleanup in the light, and that becomes part of the security planning activities. There is
oversight, so it’s not just a free reign – he’s got this permit that he can do whatever he wants for
ever and ever. There’s some conditions in here, which I think provide some safeguards. We are
agreeable to some additional conditions related to that. So this is a framing of the permit activities
within the time frames and the population activities. And again, we are agreeable to conditions to
limit to the representations. But within that, I think there needs to be some flexibility. So, again,
you are not, you know, you shall, you can’t do anything from, except from 10:00 to 10:00, well, that
becomes a little hard.
BOWMAN: Just, so, I guess, you know, we are looking at Condition 3; you will have your
consultation with the Police Department and approval from the Planning Director each year. So
then, by then you will know what the plan is, and it can either be approved or denied by the
Director, come back to the drawing board kind of thing, right?
BOSTOCK: Yes.
MOORE: That’s correct.
BOWMAN: Okay, thank you very much.
GIFFIN: Commissioners, any other questions? Commissioner Nelson.
NELSON: Yeah, I was listening to Commissioner Whittemore on his concern about alcohol being
present at the event. How critical would this event be, if the Commission said no alcohol? I mean,
would that affect your cost effectiveness projection?
BOSTOCK: It would affect the long range planning and the potential to be flexible; it wouldn’t
affect this first year because I don’t intend to bring in a beer tent in this first year. I will be learning,
too, you know, as this event happens, and I’m controlling it thoroughly. I will still be learning. Is
that such an endemic attitude amongst the population on the Big Island that they absolutely have to
sneak alcohol possibly? Are they uncontrollable? Are they as lawless as some of the stories? I
don’t believe they are. So I think that if that I will have a handle on the demographic and on the
audience, oh yeah -.
NELSON: Well, the reason why I raised the question after I listened to Commissioner Whittemore
was that the Saddle Road is a unique road, and after-the-fact is a little too late, if there is a tragedy.
And, you know, we could look back as a commissioner and say, you know, we said that there was a
real concern about that, as opposed to just simply eliminating it and get on with the program. If it’s
that good, then alcohol shouldn’t mean success or failure.
BOSTOCK: I don’t think alcohol is success or failure, and I don’t actually intend to be making a
tremendous amount of money with a liquor concession; that isn’t critical to the profits. However, I
believe that it should be possible to run an event with a properly managed bar and the bar where the
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staff are very cautious about serving, and you have very strict rules, and there is no stacking, and
it’s one drink per person. And this is very standard for an outdoor event. And I would like to think
also that we are capable of running that with the -. I wouldn’t get a license, if I wasn’t presenting a
proper plan to the Liquor Commission, and the Liquor Commission would have a great say over
that. And we already did go and talk to the Liquor Commission administrator, and their feeling is
very much that you actually prevent a lot of tailgating by providing a well-managed bar. And, now,
I intend to prevent tailgating anyway; but there is, to some extent, there is an inevitable amount of
bring-your-own, if there is no bar there. So that is actually the Commission’s feeling as they have
encouraged us to look into running a properly managed bar and to prevent tailgating that way. So
that’s why I would like to keep it open.
GIFFIN: Planning Director.
LEITHEAD TODD: I was going to say like I’m not, you know, I don’t drink a lot or very often.
But I remember events at the Waikīkī Shell, and particularly I used to love the Starlight Symphony
series that they had. I think my favorite memory is Ella Fitzgerald, and being up on the lawn and,
because it was Ella, we had a bottle of white wine, and we had grapes and cheese, and we had a
little blanket that we set up. And I think everybody that was up on the lawn was trying to outdo
each other in terms of what kind of food they brought in. They’ve changed the rules since then.
But it was a fairly sedate crowd, it was an older crowd, it was Ella Fitzgerald, you know; it wasn’t
rowdy guys, because you were there for the music and you needed to be quiet in order to really
appreciate it. And I’ve been to other events that were similar to that – Del Courtney Band and the
stuff. And it really depends on who your audience is, what type of music you are presenting, and
how well you control, and the security. I haven’t gone to -. But I’ve heard stories of rowdier, you
know, events, and it really boils down to the security, but a lot of it is what the audience is. I’ve
also been to things at Neal Blaisdell where they had a bar, you know, where they brought in
Broadway productions. And, of course, it also is a fact of how much you charge per glass that
inhibits the amount of imbibing that occurs among the public; if you have a little bit higher price on
it, it reduces the amount of alcohol and also increases the profit factor. But, you know, this is up to
the Commission, but I think the intent is to have some flexibility. And I think the first year it’s a
good idea not to have alcohol, because you want to break from the image of the old Waiki‘i Music
Festival, and also it’s kind of like a dry run in terms of security, whether paka lōlō is an issue; but
it’s setting a tone. And then after that, depending on what you are doing, I can imagine that you
may want -. And obviously, because it’s your liability, you are going to have to have some servers
who know what they are doing and can limit sales, because if anything happens, you are the guy
that’s going to get sued.
GIFFIN: Commissioners? Commissioner Bowman.
BOWMAN: I just have a comment. I used to be a server and I think you can be personally liable as
a server, if someone, at least that’s, way back when I was serving. But the – what was I going to
say – I think the, all the evidence or whatever you’ve put out with alcohol, you know, as far as
people are going to try to, you know, sneak things in – I know what my comment was – that it
would be a great time for a DUI roadblock up there, which I assume, you know, could be part, I
mean, you can’t do it. But I know during prom night and things I’ve always asked, you know, why
don’t put a DUI roadblock when there are those kinds of activities. So I’m hoping that that would
be one deterrent, because that is -. I drive that road all the time, and it is, you know, really a bad
road, so -. Just a comment.
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GIFFIN: Any other comments? Commissioner -.
HICKCOX: I have a, I have a question in reference to, well, actually to Ivan for one. The approval
of this permit, does it eliminate liability issues totally for the County, as far as the approval of this
permit is concerned? Because it seems to be that we are the starting gate for approval, and
henceforth it will be like a domino effect, if, you know, we continue to go down the line.
TORIGOE: Madam Chair?
GIFFIN: Mr. Torigoe.
TORIGOE: Yeah, this kind of a question, to really discuss fully, should be done in executive
session because it involves potential liabilities of County. Generally speaking, the Planning
Commission acting as a quasi-judicial body and making decisions like this would be immune unless
you do something that is just really, you know, obviously and almost intentionally wrongful. I think
in any case, you should pay sufficient attention to this issue of, you know, liquor being served in a
place that is accessed by the Saddle Road. I think it’s been discussed enough on the record already,
so it’s a known issue to you. And possibly, also, I’m not sure the extent to which the Liquor
Department would take into account the roadway as part of the setting, but that may be something
that you want to make sure is done when an application is made to the Liquor Department.
HICKCOX: And I have, I have another question.
GIFFIN: Yes, Commissioner.
HICKCOX: One is to our Director. In that there is a lot of what-if’s in this particular proposal,
would it be within our purview, should we recommend the approval, to limit it to maybe two years
and then reapply after the event itself has either proven or disproved in its success and/or failure?
GIFFIN: Director.
LEITHEAD TODD: I think on that one, I’d want to hear from the applicant whether or not that’s
an issue for them.
GIFFIN: Bill?
MOORE: Just, before he gets into that, I just want to cover again with respect to the alcohol.
Again, I believe that there’s a number of safeguards that are built in to this. One is the liquor
license that is required; you have to go and prove all of that, the liability issues. But it’s also the
security plan that we have to get approval of the Planning Director. If special duty police are
incredibly important part of the security plan and they are not available because of the alcohol
serving, well, that’s going to be a limiting factor. So I think there are built-in safeguards along the
way in terms of, you know, how you perceive alcohol and the like. And again, starting off crawling
and walking before you run is important. But, you know, it’s one that Tim doesn’t have permission
to run alone; he has to get permission from a number of people along the way, coordinate with the
police, coordinate with the Liquor Commission, getting approval from the Planning Director. So I
believe that there’s a number of safeguards built in to this condition. And then, with respect to the
second one -. Why don’t you go ahead, Tim, then we can -. I think maybe it’s worthwhile to talk
about some of the proposed conditions.
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BOSTOCK: Yeah. My understanding is one of the conditions was that if the Planning Director
receives a number of complaints -.
MOORE: That’s, that’s, you know, if we can, there is some proposed conditions, which we have
been informed of and agreeable to that will, I think, help address some of these concerns. Let me
also point out that Tim does not own the property that he is working on; this is a year-to-year
agreement with the community association. So if things screw up, he can get kicked out
independent of the special permit. So I think there’s a number of safeguards both internally to
Waiki‘i Ranch, as well as externally to this Commission and to the other authorities that have to
review this process that we are agreeable to.
GIFFIN: Bill, I think that, and Daryn, correct me if I’m wrong, to hear now from, you know, to
discuss the suggested changes and the conditions might be a little premature. Should we hear from
the members of the public who have signed up to testify?
ARAI: I believe that will be the prudent thing to do, because there may be aspects that we are not
aware of and we may be heading down a particular path without consideration of other concerns.
GIFFIN: Right, right. So, Bill, your suggestion is well taken but, with your indulgence, I’m going
to go ahead and call up the four people who have signed up to testify: Douglas Shinsato, Daniel
Gonzalez, Kathie Sullivan and Leslie Agorastos. There are four seats there. Will you please come
forward, so I can swear you in. Thank you. Will you please raise your right hands. Do you swear
or affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning
Commission?
TESTIFIERS: Yes, I do.
GIFFIN: And starting from you, sir, your name?
SHINSATO: Madam Chairman, Members of the Commission, my name is Doug Shinsato. I am a
resident of Waiki‘i Ranch. And as general background, I am also a member of the board of
directors. But given that the board has not had any discussion or any votes on this proposed music
event, I do not represent the board; I represent myself as a resident.
GIFFIN: Fine.
SHINSATO: My main concerns, I guess the first one was Commissioner Whittemore’s comment
about the alcohol. First and foremost, because I drive Saddle Road several times a day, I do know
that it is a unique road, and even though the applicant, as he said that he would provide a separate
certificate of insurance in the event of an accident on Saddle Road, if a judge or jury were to find
that the accident was caused by the consumption of alcohol at the music festival on Waiki‘i Ranch,
even though Mr. Bostock’s insurance company would pay for any assessed damages and liability,
that would have an adverse effect on the Waiki‘i Ranch and the Waiki‘i Ranch Homeowners’
Association insurance fees. We’ve confirmed that with our insurance agent. So that’s a major
concern. In the event that the Commission decides that they would approve Tim Bostock’s
application for special use with a use or a permission to serve alcohol at the music event in
perpetuity, I would like the Commission to consider having an annual review of that based
especially on this first year’s performance.
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The other thing is that there are a number of safeguards, as Daryn pointed out and as Bill Moore
pointed out, but our main concern is, again, the consumption of alcohol. I have attended two events
in the past, and as many people have commented, there was a very wide spread use of marijuana.
Coolers were not checked by volunteer security people. And so, I think the safeguards that Tim has
proposed are very, very good, but the problem is, human nature being human nature, I don’t think
we are going to prevent people from either smuggling in substances that we don’t want at the music
festival or people leaving the music venue going back to their cars and then imbibing over a certain
period of time and then going back to the concert. So those are my primary concerns as a resident
of Waiki‘i Ranch.
GIFFIN: Thank you. Commissioners, any questions of Mr. Shinsato? Hearing none, sir?
GONZALEZ: My name is Daniel Gonzalez. I am a 20-year resident of Waiki‘i Ranch, and I’ve
experienced most every Waiki‘i Festival in the past. And I would say pretty much the majority of
the festivals that I personally have experienced, and my family, have been mostly negative. And,
Tim is correct, there is a brand with the festival as having rowdiness, alcohol consumption, drug
abuse, and the extreme potential, extreme potential for accidents to happen on one of the most
dangerous roads on this island. And for anyone, and I’ve always said this every time this festival
comes forward, for anyone to approve or permit to allow an activity where there will be drinking -.
I don’t care if Tim has a hundred, thousands of security people up there and police, people will find
a way to bring in the drugs and will drink. If they don’t drink or use drugs on the premises of
Waiki‘i Ranch, they will find a way to use it on the perimeter of the Ranch. They will gather in
groups outside of the Ranch along the Saddle Road, which they used to do as well, okay. When
there was no alcohol to be brought in to the Ranch for the last Waiki‘i Festivals, there were groups
of people along the Saddle Road drinking, using drugs, driving. It was incredible we never had a
tremendous amount of traffic accidents. I’m a cardiopulmonary therapist and I work at North
Hawai‘i Community Hospital. I work alongside Dr. Gary Goldberg, who is also a resident of
Waiki‘i Ranch. And recently I had a discussion with him and he said to me, Danny, if you can
possibly get this message to the Commission that the last Waiki‘i Festival in 2003, the emergency
room was inundated, inundated, with drug abuse, alcohol intoxication, trauma from fights, okay. It
was a tremendous amount of taxing of the emergency system of North Hawai‘i Community
Hospital for those periods of time. And it’s, it’s, it’s not the Waikīkī Shell, it’s not the Waikīkī
Shell. I have to say this to Tim: This is not the Waikīkī Shell. This is a rural area, a rural area, a
very unique area up in the Saddle Road that is removed from services; it’s removed ten miles from
medical or emergency services. That road, every festival that I’ve experienced, has been clogged
up with cars – the normal traffic and then the traffic from Waiki‘i Ranch. Now, from Pōhakuloa,
remember this was after 2003, after the war started, Pōhakuloa has a lot of training vehicles coming
back and forth through that area. The Saddle Road has been improved upstream towards Hilo.
There is a tremendous amount of traffic on that road compared to 2003, compared to 1999. I moved
here, I moved to Waiki‘i Ranch in 1993, and the traffic back then was, wasn’t even a half of what it
is now. It’s almost like a freeway up through that area. And I think that was the subtle reason why
Waiki‘i Ranch decided not to have the festival, because of these potential problems that could have
occurred that didn’t occur. Luckily there were no deaths sighted on Waiki‘i, Saddle Road. But that
was an issue that crossed my mind every time this festival happened. And I was hoping that
nothing would happen to the public in the regard, but it did; there were some issues that did happen
along Saddle Road, as far as I was, as I mentioned before, the drinking and the drug use, etc.
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My other concern is fire. I notice we haven’t talked about that yet. If you read the Star-Advertiser
recently, there was an article published, and this article was published, actually it was a, Wiki
Publication ran the article that talks about fire danger, okay, and the draught that we are about to
experience. Waiki‘i Ranch rainfall is less than ten inches a year; we are one of the driest areas up in
the Waiki‘i, up in the Saddle Road area. There is an anticipation of another draught coming to our
vicinity in the months of May and June. The article reads, and I’ll read this one section here within
the article talking about the draught in the western states, it also includes Hawai‘i: “The draught has
produced an above-normal wildfire potential this season, 2012, along the leeward sides of the
Hawaiian islands, including the western third of Hawai‘i Island.” So they are specifically indicating
that this area -. And I’ve got a little map for you here as well, okay. This is from the Draught
Monitor you can access on the Internet on a monthly basis. And I can pass this to you, if you’d like
to see it, okay. And there is red, which indicates the Waiki‘i area and the Saddle Road area going
towards Waimea has a severe draught climate for that particular time of year. We are such a
removed area in the Saddle Road area up in that area; we are moved from fire vehicles, fire services
that help us put out the fire. We are dependent on the water system in our Ranch, which is
dependent on HELCO operating our wells. Our wells are 20 years old. They’ve never been
replaced. If there is a fire up there, God help us, God help us. I understand that Tim has made an
exceptional effort to try to mow the lawn where all vehicles we park to try to remove the damage,
the potential for fire; however, the perimeter of Waiki‘i Ranch along the Saddle Road area where all
the dry brush is, where people park alongside to listen to the concert with hot mufflers, throwing
cigarette butts out, it’s a potential for fire danger, it’s a potential for fire hazard. If there are trades
blowing up there and a fire develops up in that area, we are going to have one truck from our
association, there is one water truck that carries water, but as far as I know, there will not be any
other fire services up there available at that time onsite. If we do have a fire and we need extra fire
vehicles up there to fight the fire, can you imagine a clogged Saddle Road, fire trucks trying to get
up to that area to fight this fire from Pōhakuloa or from Waimea, or any other emergency vehicles
trying to get up that area on an obstructed road, obstructed Saddle Road? It would be a nightmare.
So that’s my second concern.
And I hope you will take these in consideration when you are coming across the decision to offer
this permit to Tim. If you do offer the permit, also I hope that you will make restrictions on this
permit not to have it at 10:00 at night and to absolutely have no alcohol. Alcohol, music, young
people do not mix, okay, and they are going to find a way to bring the drugs and bring the alcohol
up there. I don’t care how much security you have, it will happen, okay. And so I, I hope you’ll
take my consideration seriously and take the responsibility to the public safety and not, and not give
this permit to Tim Bostock Productions. Thank you.
GIFFIN: Thank you. Commissioners, any questions of the testifier, Mr. Gonzalez? Commissioner
Bowman.
BOWMAN: Thank you. In your opinion, cause you have been to the other ones – I know they
were put on by the canoe club and young people and kind of with that young people venue – if it
was like booked as a Waiki‘i Family Festival or something like that where you really, you know,
the advertising – let me finish – would you think that would be better? And my second question:
With the road improved from Hilo, do you predict more Hilo people coming, or was it kind of the
same in your recollection of the other festivals? Thank you.
GIFFIN: Mr. Gonzalez.
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GONZALEZ: To answer your first question, originally when the festival, in my opinion, when the
festival was originally put on in the early days, it was always advertised as a Father’s Day ‘ohana
event, and that particular brand did attract the ‘ohana, the family, etc. so forth. And I recall one of
the first concerts I went to was very sedate; it was very kind of geared towards the family, and the
types of concert players they had up there, as someone here in the Commission mentioned, did
attract that type of people. However, I recall several concerts after that where, because security was
so lax, people saw an opportunity and they exploited the opportunity. And then from then on, you
had groups and gangs of people. And now with the social media, information is so quickly gathered
and so quickly transferred that you can have people up here in a flash – I think they even call it
flashmobbing. And it’s a whole another, it’s a whole another communication system that occurs
now. And I think it’s, it’s changed, it’s changed quite a bit, and the types of groups they have and
the brand that it has now that it attracts different kind of people.
The Saddle Road being open to Hilo, I think you are absolutely right, that will access people from
the Hilo area in a much quicker rate and in much quicker time. And again, it’s that brand of the
Waiki‘i Festival that’s, it’s the type of attitude that people have; when we come up to a rural area,
and you can pretty much do what you want to do, because you have a limited amount of security
people. And the security people have a limited amount of enforcement, okay; they cannot arrest
you, they can not search you, okay. They are limited really in what they can do, and they know
that, people know that. And so I think it will attract people from a widespread area from the Big
Island.
GIFFIN: Thank you. Any other questions of the testifier? Hearing none, Leslie?
AGORASTOS: Hello. Obviously, I have a very different take on the Waiki‘i Music Festival; I
thought it was just wonderful with the fabulous array of great Hawaiian singers. It did toward the
end of the festivals where you were aware of more, you know, people with their beers and things,
sure; but I think Tim is making a huge effort to get this under control. I think it’s fabulous for our
whole island. I think it’s wonderful. It’s great for our communities and it’s an opportunity; we
don’t usually get to hear lots of different Hawaiian performers. And it’s a beautiful setting. So I
feel confident that Tim is professional enough that he can take care of these issues. He has already
said he’d have more security than we ever had and be professional. So I look at it quite differently
and I have a lot of confidence in Tim and his ability to do a good production.
GIFFIN: Commissioners, any questions of Leslie Agorastos?
BOWMAN: Just a -.
GIFFIN: Commissioner Bowman.
BOWMAN: Quick one, because I think it’s important. And you’ve lived in Waiki‘i how long?
AGORASTOS: Since ’79.
BOWMAN: Okay, so you are a pretty long-term, probably one of the first residents.
AGORASTOS: Yes.
BOWMAN: Okay, thank you.
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GIFFIN: Any other questions of the testifier. Seeing none, ma’am, your name is Kathie Sullivan?
SULLIVAN: Yes.
GIFFIN: Thank you. Will you please proceed.
SULLIVAN: I’m also a Waiki‘i resident, and I am a member of the board but I am speaking in this
case just for myself as resident. And if we were to believe Dan, we should all run into the bedroom,
jump in bed, cover our heads and never leave the house again, because life is apparently very
dangerous at Waiki‘i. I don’t happen to agree with the particulars or the general theme of what Dan
had to say. I was fortunate enough to attend the last music festival, which was in 2004, and I am
with Leslie in that, yes, there was beer drinking, yes, there was a bit of rowdiness; but I think that
can be laid at the doorstep of the people who were managing the festival, because it was done in a
very, very unprofessional manner. And we have Tim now, and I, like Leslie, have every faith that
Tim will manage this in a professional businesslike manner. And I think, as far as the benefit to the
community, I think that’s one of the things that Waiki‘i Ranch looks to accomplish here, which is to
give something back to the community by way of allowing this to happen there. And I can think of
no reason why we shouldn’t give to him the benefit of the doubt, because we can’t base our opinion
on what happened in the past. But after the first year if something goes badly wrong, then it’s a
self-limiting thing because there won’t be any second year to deal with. So as far as I’m concerned,
we should allow him to proceed.
GIFFIN: Commissioners, any questions of Kathie Sullivan, the public testifier? Lani Bowman.
BOWMAN: Sorry.
GIFFIN: No, go ahead.
BOWMAN: I have one more. I know you said you weren’t testifying but you are a member of the
board. And I am just curious. I believe that there was a notice given. Is there any reason the board
did not comment on this? It seems like a pretty big application.
SULLIVAN: I think you would have to address that question to T.J. who is our board president.
BOWMAN: Okay, thank you.
GIFFIN: Director.
LEITHEAD TODD: It’s another board type of questioning, or for Mr. Bostock. To hold this, he
has to have board approval. Is that correct? And the board has not yet voted? So even if the
County approves the special use permit, if the board votes no, then Mr. Bostock can’t hold the
event. Is that correct?
SULLIVAN: Again, I’d like to defer to T.J. McAniff who is our president.
LEITHEAD TODD: Okay.
SULLIVAN: That’s my personal understanding, but I would prefer that you ask him.
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LEITHEAD TODD: Okay, thank you.
GIFFIN: Is T.J. here?
MCANIFF: Yes, ma’am.
GIFFIN: Oh, Okay. And you did not sign up to testify?
MCANIFF: No, I did not.
GIFFIN: All right. Just one minute, thank you. Commissioners, any other questions of Kathie
Sullivan? Hearing none, thank you very much, the four of you, for coming forward. I’m going to
ask T.J. to come forward and -. But please don’t go because Commissioners may have other
questions of you individual-. Yes, please do not go. I know it appears like it could be a lengthy
meeting. But, T.J., will you please come forward. Please raise your right hand. Do you swear or
affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning
Commission?
MCANIFF: Yes, ma’am.
GIFFIN: Will you please state your name and your position.
MCANIFF: My name is T.J. McAniff. I’m a resident of Waiki‘i Ranch for eight years, and I’m
president of the Waiki‘i Ranch board of directors.
GIFFIN: Thank you very much. You heard some of the questions, and I, we are very interested to
hear what the board has done. And I know you have not taken a vote yet, at lease that’s my
understanding -.
MCANIFF: That’s correct.
GIFFIN: But you must have some sense of the feeling of the board and whether or not they endorse
this event.
MCANIFF: Let me address first the issue that the board has not acted. What the board did was
approve Tim Bostock seeking the permit to proceed.
GIFFIN: Today’s permit?
MCANIFF: Yes.
GIFFIN: The request for permit, okay.
MCANIFF: And the reason the board had not acted because there were a lot of details having to do
with the contractual relationship between Tim Bostock Productions and Waiki‘i Ranch to insure
that we were free of liability. Now, we are at the point right now where I think all of those issues
and details have been settled. And the board is meeting the end of this month, April 30, and the
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Waiki‘i Music Festival is the first item on the agenda. And I can only speculate without assurance
that the board will approve this event.
GIFFIN: I see, all right. Is there anything else you’d like to add?
MCANIFF: No, ma’am.
GIFFIN: All right. Commissioners, do you have any questions of -. I’m sorry, I didn’t get your
last name.
MCANIFF: It’s McAniff, M-C-A-N-I-F-F, McAniff. And my initials are T.J.
GIFFIN: Okay. Commissioners, any questions? He serves as their current president of the board,
correct?
MCANIFF: Yes, ma’am.
GIFFIN: Hearing none, Daryn.
ARAI: Madam Chairwoman, I wanted to clarify for the Commission that while the board itself has
not taken action regarding the specifics of the use of association lands for this event, by letter dated
February 13, 2012, Mr. McAniff did authorize for the filing of this special permit application to
allow the annual public music festival and related activities on a portion of these lands. So that’s by
letter that authorized the filing of the application. Beyond that, you know, so I just wanted to make
it clear that we did, the Commission did have the authority to proceed and process this application
before you.
GIFFIN: The Department. Sure.
ARAI: Yeah. And there are some additional landowners involved, because it is used, a portion of
the event will utilize these other private lands, and we have those landowners’ authorizations as
well.
GIFFIN: Thank you very much. Tom.
WHITTEMORE: Just a quick question. There are two landowners, and I know one of them is
residence, the Takamines, for instance, who will be directly impacted; they are right in the dead
center in the middle of all of this. Has the board spoken to those immediate homeowners to get
their read on what, whether they are in favor of this or?
MCANIFF: Well, we have not approached them directly, though we did open the issue of do you
approve, do you approve the festival or not, and opened up that to homeowners. And Tim Bostock
has worked with the landowners. Really Ms. Twigg-Smith owns the lot where the parking will take
place, and he assured me that she approved that, she has no problem with it. And the Takamines
have a lot adjacent to the parking area, but they are not directly affected other than by having all this
traffic next door.
GIFFIN: Okay. Tom.
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WHITTEMORE: Well, no, in answer to my question, has the board talked to the Takamines? And
it sounds as though they have not.
MCANIFF: We have not.
WHITTEMORE: Okay.
GIFFIN: Any other questions? I don’t know who I should address this question to, but it seems
that when Mr. Gonzalez testified, he spoke of the possibility, and I think, if I understood you
correctly, in the past that either leaving the event people would congregate on the side of the Saddle
Road and drink, use illegal drugs, were a menace on the highway. Am I communicating the correct
sense of what you said?
GONZALEZ: Yes, that was -.
GIFFIN: Okay, at what point – I guess maybe I’m asking corp. counsel – does the applicant cease
to have any responsibility, and when does the Police Department, when do they come in and do
their job?
TORIGOE: Well, I think your permit basically covers what’s going on onsite, right, and the
applicant presumably would not have any police power offsite. So in a sense -. In fact, the Director
has something to add to that.
LEITHEAD TODD: If you are going to have, I think, was it eight, special duty police officers who
will be in uniform as part of the security plan, I think that is significantly different from the prior
festivals, which did not have uniform police officers. And I think that alone will be a deterrent from
people congregating in that immediate area, because special duty police officers, even if they are
hired for the event, if they see something like that occurring, they have the authority to go over and
arrest people for doing stuff like, you know, if it looks like they are going to go and be a -. They
can test them for DUI, if they see something like that. And I assume the police officers would, and
it would be, because they are basically kind of on-call 24 hours a day, if they saw something like
that. But, you know, hey, could you assume that people a mile away we are going to stop -. I mean
I don’t know that you can go through the whole parade of horribles that could possibly occur under
people’s bad behavior. I think all you can do is evaluate the application, evaluate whether the
security plan is -. We are proposing language that says I have duty to investigate any complaints
about it, and I have the authority to suspend the special use permit and to seek revocation of the
permit. But I also would assume that the homeowners’ association, because it’s only with their
consent that this event can take place, would have similar ability to revoke the ability of Mr.
Bostock to hold the event, if there was an impact on the community up there. And if the residents
who live there found that the way it was run was objectionable, they would, they, you know, would
bring their concerns to the board and the board could act. I mean, so I think that there are those
safeguards. But ultimately this is the Commission’s decision in terms of whether you want to
proceed on this. And beyond us, it will ultimately actually be the homeowners’ association who is
the most directly impacted and who has the most direct ability to determine whether there is an
impact on the immediate community. And I assume that I will get calls complaining, if something
goes wrong.
GIFFIN: Commissioners, any other comments that you would like to make? I had one more
question and, Daryn, maybe you can tell me if this is asking too much of the Fire Department.
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Again, Mr. Gonzalez brought up fire, and that’s serious. Is it too much to ask the Fire Department,
because I know in our conditions there is mention of the Fire Department -.
MCANIFF: Madam Chair, may I offer -.
GIFFIN: No, just a minute, please. Condition No. 5 where we focus on the Fire Department –
mainly it’s the condition of the road, how wide is it and whether or not it can support 25 tons of fire
apparatus and so on. Is it too much to ask, Daryn, if, whether or not there could be a fire truck
there? I mean, is this out of the ordinary? Do we not do that? I don’t know. Director.
LEITHEAD TODD: We do not normally do that and that’s because the vehicles need to be at the
fire station ready to respond to calls that come in. And having it up at Waiki‘i, if there were a call
someplace else, it would make it much more difficult for the Fire Department to respond to another
call. Also, the Fire Department has, you know -. Typically, what happens up in this area, you have
response from both the Army, as well as DLNR and the County, because they combine forces. But
I think what, depending on the conditions, the actual polo ground, I’m not sure is whether that’s
irrigated, so you may want some information about that to address those concerns from both the
homeowners’ association or from Mr. Bostock.
GIFFIN: Thank you. Any other questions? Mr. -.
MCANIFF: McAniff.
GIFFIN: McAniff.
MCANIFF: Yes. We have a volunteer fire company 9A positioned at Waiki‘i Ranch with two
vehicles and trained firefighters, and so they will be available for this event. And you are right that
we actually are closer in response time to the Army firefighters at Pōhakuloa training area. And
they have come down and helped fight fires at Waiki‘i Ranch.
GIFFIN: Thank you. That was going to be my next question whether or not an organization like
that existed. Tom.
WHITTEMORE: I’m curious about the crowd size. Is the board going to take a, put a limit on the
event size of attendees? Are you going to take action every year? I’m assuming that there was
some reference made to some long-range plans. I mean, as the plan evolves, obviously, if the event
is more successful, the crowd size grows. Is that something where they are going to be required, the
promoter will have to come back to you and say, you know, we said we were going to have 3,500,
now we are going to have 4,500 or -? Is that going to be a condition of your approval?
MCANIFF: The board will, the board has not given blanket three-year approval to Tim Bostock to
conduct these events. We are going to do it event by event. And as Tim Bostock said, the first
event is a learning experience; we are going to learn from the number of attendees what can be
managed best at Waiki‘i Ranch. And the board then, I would fully expect, would put certain
restrictions on the number of attendees and perhaps other aspects of the event as well. But we will
approve this year by year, or disapprove too.
GIFFIN: Tom.
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WHITTEMORE: Yeah, this is more now toward the Director, you know, I’m just curious, with
something like this, and I want clarification, I guess, just so I understand, with the Commission
when we approve something like this, there is no condition in here with respect to the growth of
how big the event could become. I haven’t read anything in there as far as crowd size. It seems to
me that that would be a prudent kind of thing, so we could re-inspect our decisions, too, but -.
LEITHEAD TODD: We are proposing a condition that basically says that it has to be conducted in
a manner that’s substantially representative of plans and details as contained in the special permit
application. The special permit application indicates that they are going to limit attendance to 4,000
concertgoers a day, including staff and volunteers and 100 individuals to provide onsite services.
So it is limited by the application. They cannot -.
WHITTEMORE: Okay, so that is our control.
LEITHEAD TODD: They cannot grow it beyond that.
GIFFIN: Any other questions? Daryn.
ARAI: And maybe I can clarify that. Mr. Bostock also clarified that his intentions were to limit the
actual attendees to 3,500 with support staff making up close to 4,000 in total.
GIFFIN: Any other comments, Commissioners? Okay. Thank you very much for coming forth
and testifying. Thank you, Mr. McAniff. Will the applicant please, and his representative, come
forward again. Thank you. And I know you were present to hear the concerns and comments of the
public. Bill, perhaps, before going into the discussion of the different conditions, it might be
prudent to go ahead and address some of those concerns that were raised by the public.
BOSTOCK: Not sure what order to go, but a couple of things quite quickly. I have had several
conversations with James Takamine and Jamae Kawauchi who are Lot 116 owners, and that was an
early conversation; if they didn’t want it happen, it wasn’t going to happen, because they have a
neighboring lot. They are quite content with my offer to provide one security guard that would be
in their premises just ensuring nobody would fence-jump in to look around their yard. And other
than that, they are very much looking forward to the event and would attend with their two young
kids.
I am, to answer or address some of the fire issues, of course, it’s a concern, I’ll bet; I am planning to
irrigate the polo field at my expense – it’s a separate meter, so I’m able to do that and pay for the
water – probably for three weeks prior and one week or two weeks after. And so the polo field
itself is green, lovely to look at and is certainly not a fire load. We are mowing, as was described,
we are mowing all of the parking areas sufficiently. So there is no fire load in the parking areas or
in adjacent areas. We can’t be responsible for all of the verge and sidelines of Saddle Road, of
course, but we’ll certainly take good care to both irrigate and keep low, the grass, in the concert area
immediately and surrounding.
I think the program is really important. I think Daniel brought up a really good point, you know, it
became a much more Jawaiian crowd. And it was visible in the program. You did see what they
had programmed; (inaudible), Sean Na’auao, you know, they are not bad people, but those, B.E.T.,
Three Plus, they attract a younger crowd, and they attract young people who like to come out and
smoke paka lōlō and drink, and they -. I’m programming Amy Hanaiali‘i, Kohala. I’m
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programming Cyril Pahinui. I have Willie K, I hope. Most of the artist I presented in the
provisional program in the application, most of the artists are, of course, subject to take other gigs
until I confirm this with them. Willie K is about most wild and young act I think that I’ve got. He
is not that young anymore; he can be pretty wild. But it’s really, it’s where is my demographic,
who am I trying to attract. I’m just not attracting the younger reggae island music, as it’s
euphemistically called, it’s Jawaiian, and I’m not, I’m not programming any Jawaiian. That’s really
critical.
The price is, I’m doubling the price from the last time it happened. I mean it’s eight years, so
obviously there is a -. The last 2004 I think was 25-dollar price and the 20-dollar in advance. And
if you keep prices that low, of course, you are going to make it very easily accessible to a really
young demographic. I’m going for a 50-dollar type of price. Again, I mean still accessible to a Big
Island family audience.
I did, I want to mention a couple of other things that I did already mention before. First of all, on
the Saddle Road itself, I think it’s true that maybe we could expect some more audience from Hilo.
But it’s a better road. The realignment is due to finish, I think, in 2013. Is that right, Bill?
MOORE: If I can. One of my other hats that I wear is I’m on the Saddle Road Task Force, and we
had a meeting last week. And it’s not been public yet, but the current work on Saddle Road, which
is the base course and sub-base, is going to be completed by the end of the year. The State received
the grant, federal grant, and the state Department of Transportation has provided some additional
funds. So they are anticipating that the road will not be finished but be drivable possibly by the end
or early 2013. So, you know, Saddle Road is, the Saddle Road realignment is happening; it’s not
just a matter of, you know, sitting out there. So, yeah, there is a lot of concern about the Saddle
Road. Again, I’ve been involved in that project, wearing another hat for 15, almost 15 years now,
working on Saddle Road, so I understand all the issues. But there is a significant light at the end of
that tunnel, and that light is not a train.
BOSTOCK: To answer another issue from Commissioner Whittemore, the numbers, I don’t intend
to grow the festival in terms of numbers actually. But just to explain, my intent is to create a very
strong and new brand. It’s a family, adult audience. It is, I want to increase and improve the
programming, increase the quality of the programming, to include the best Hawaiian traditional
music and some country, mainland country headliners, and essentially just sell out within a few
weeks of putting it on the market and to keep that cap on the audience. I don’t want to make it
much bigger. To be honest, it’s, the parking is the biggest, the parking and the vehicular access and
exits, that’s the biggest real restriction to growing the event. You couldn’t control the 6,000 or
7,000 audience in terms of the vehicular access to that space. So I think 3,500 is quite reasonable;
it’s below what you could control. I don’t intend to grow it anymore.
GIFFIN: Commissioners, any other comments?
BOWMAN: I have one.
GIFFIN: Commissioner Bowman.
BOWMAN: Just in hearing your price of the tickets, I think you are going to set your crowd, you
know, with that. It’s a family event, so it’s, I see that you have game areas for those, like kids’
games and things -.
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BOSTOCK: Yes.
BOWMAN: Okay. Okay, but the 50-dollar ceiling to me really ranks out a lot of the young people
I know. With kids, they cannot afford that, but -.
BOSTOCK: I’m going to just describe the ticket prices in full as proposed at the moment, and this
actually may change, if the program changes substantially or if I add one of the headliners I’ve been
trying to get from the mainland. But it’s currently 50 dollars per adult and 20 dollars per child
under 16; early bird prices are 40 dollars per adult and 15 dollars per child. The homeowners
actually are offered two free tickets each – I think in the past they used to be offered six or more.
There were a lot of free tickets out there in the past, because there were so many people being asked
for services for free and tickets went out in exchange. That’s another reason why it was not
controlled very well. And the two-day passes will be 75 dollars per adult and 30 dollars per child.
BOWMAN: Oh, okay, thank you.
BOSTOCK: And I should say there is an intention to make some money on the event, because we
do want to be able to support the Aha Punana Leo and Paniolo Preservation Society both of whom
are the nonprofit code beneficiaries of the event.
GIFFIN: That information was in our background information, thank you. Any other information,
Commissioners?
BEAUDET: I have a comment.
GIFFIN: Brandi.
BEAUDET: There has been a lot of discussion on the risks and, you know, I believe them all to be
true and valid and important. But I think what we should keep in mind is that with every business
opportunity, you know, part of the package is risk management or risk mitigation. Very seldom do
you see risk elimination because it’s almost impossible. Through my review and the comments and
the dialogue that we have today, in my opinion I think the applicant has done a thorough job. And I
commend them for that in recognizing the risks and the issues and the impacts to the immediate
neighbors. And the dialogue that they’ve had with the board, obviously, they’ve covered all of
these things. And the multiple layers of review and authorization, I appreciate seeing there, because
it’s not only up to the Commission, but the surrounding immediate community does have an
opportunity to step in and change the management plan of this type of event. You know,
unfortunately, Waiki‘i Music Fest has a negative stigma; but I think if we were to base all of our
decisions on tomorrow on historical stigma, most of us probably wouldn’t be here, either, you
know. So I appreciate the thoroughness and I just needed to comment on that.
GIFFIN: Commissioners, any other comments? Bill, did you want to -. I’m sorry, Lani.
BOWMAN: Just real quick. Because I was trying to actually text somebody to find out how many
people attended our Kohala Country Fair that I have involved with for the last 25 years. And, you
know, we do not have the security that you will have, and I think it’s probably the same numbers of
4,000. You know, we didn’t have problems with alcohol because it’s very family-oriented. So I, as
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with Brandi, I commend you on your work, you know, and I’m hoping that you can change the
demeanor and the, I guess, reputation of the festival. Thank you.
BOSTOCK: Thank you.
GIFFIN: Any other comments? Bill, finally, you want to address some of these proposed changes?
MOORE: Sure. And I would offer one comment before that, that I think if Tim doesn’t change the
demeanor, there will not be a second revised Waiki‘i Music Festival. I think the bar is high. And
he’s got to go back to his, the landowners every year. So, you know, it’s, again, we talk about
safeguards and there’s a number of them.
And first of all, just to confirm that we are, again, in agreement with the two proposed conditions
that the Planning Department has, or the staff has added, again, providing the Director the authority
to respond to complaints to address complaints and to suspend the permit if not addressed properly,
to bring it back to you guys, also, to be real clear that we have to follow the representations made.
We don’t mind a specific 3,500-ticket cap as being specific in the condition somewhere, if you want
to do so as opposed to having it being implied in a condition, which we think is pretty clear anyway.
You know, just a couple of real other minor technical conditions that we have handed out to you.
The requirement is a three-month written notice to the Planning Department. Again, there is a
constructive notice at the first event. We are hoping it to be in June, which is about two months
away. So just to not be in technical default from day one on this permit, we just wanted to add
some language in there that provides that, then from then on it’s a three-month notice. With respect
to, and again, with respect to, there is something else in Condition 3, which is not here, and
Condition 3 relates to the safety plan, security and safety plan; we suggest adding that the plan be
developed in consultation with the Police and the Fire Departments.
GIFFIN: Okay.
BOWMAN: Police and Fire.
MOORE: Yes. And that’s already being done and the coordination is committed to. And then with
respect to the Conditions 4 and 5, we are asking that there be initial consultation on the location of,
you know, making sure that the roads are okay and the fire water system is okay; we don’t believe
that there is an ongoing need for that. The roads are not going to change, and the location of the fire
hydrants and the fire supports aren’t going to change in time. Just like any other special permits,
you grant it and you don’t have to have everybody come back every year to revisit. With respect -.
GIFFIN: So, excuse me, I’m sorry, Bill, so you are suggesting, then, Condition No. 4 -.
MOORE: Yes, that we get the, provide notice to the Fire Department on the availability and
adequacy of water one month in advance of the initial -.
GIFFIN: Initial.
MOORE: Hearing, as opposed to each annual. And similarly, with the other conditions, which
relate basically to fire access, that we confirm that the roads are appropriate one month before the
initial, and not have to do that on an ongoing basis. With respect to No., I should, on Condition 6,
and again, this relates to – again, this isn’t in your handout, but there is another technical item, as I
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indicated – the Central Federal Lands. We are required to notify the Central Federal Lands, which
is responsible for the Saddle Road project. We expect them to not be around after two or three
years, and so we wanted add in the last sentence, or the last, so we need to coordinate with the
military, with the Mauna Kea Observatory and, if applicable, the Federal Central Lands. So as long
as they are around, we notify them; once the project is done, we don’t want to have to notify them
of a project that they are not involved in. So, again, just real technical, not a big deal. Condition
11, this is respect to the liquor license. The condition now requires us to get a liquor license, and so
we just want to add flexibility that if we propose to serve alcohol, then we need to do it; but
otherwise, if we don’t get a liquor license, we are in violation of the conditions of approval. And
lastly, similar to the other, the Fire Department, the solid waste management plan that, you know,
again, we are, we need to do the initial plan, no question about that, but not on an ongoing basis;
once we have the basic plan set, then we don’t expect the basic solid waste issues to change, since
it’s basically going to be collecting and taking non-recyclables to the landfill.
GIFFIN: Commissioners, any questions of Bill Moore regarding the proposed changes to
Conditions 2, 4, 5, 11 and 12? Correct, Bill?
MOORE: And the suggested changes to 3 and 6 as well, which are not (inaudible). Three is adding
Fire -.
SAUER: Microphone, please.
MOORE: I’m sorry. Condition 3 would be adding in consultation with the Police and the Fire
Departments.
GIFFIN: Correct, correct, sorry, yes.
MOORE: And 6, Condition 6 is adding “if applicable” with respect to notification of the Central
Federal Lands.
GIFFIN: Commissioners, any questions? Daryn, do you have wording that you want to, you would
like to state regarding these proposed changes?
ARAI: We have no objections to the changes that were included in the handout that the applicant’s
representative provided, as well as the clarification just mentioned regarding Conditions No. 3 and
6. In response to the submittal, we have no objections, but we would like to offer two additional
conditions, Conditions No. 14 and 15 that will replace the current 14 and 15 in your
recommendation report, I’m sorry, it will end up renumbering the current Conditions 14 and 15 in
your recommendation report. But 14 does speak to the complaint protocols in case, you know, the
applicant does receive a complaint, it must be forwarded to the Planning Department and the
Department will investigate, and if necessary, could result in revocation of the permit. At least, the
revocation action will be brought to you. Condition No. 15 is just making sure that the applicant
holds to the representations made before the Planning Commission.
I should note that there was discussion about the size of the facility, and I just want to make it clear,
and for the record, that the project site is about 14.5 acres; the reason is because anything greater
than 15 acres requires this action to go before the state Land Use Commission. So I want to quickly
point out on the presentation board here that the area outlined here in which the current clubhouse is
here, Waiki‘i Road is in this vicinity here, and this is Palekaiko Road – I don’t know why I’m
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struggling with that name but – is in this location here. This represents the outline of the polo field
and the adjoining land. This is where, I’m sorry, this is where the concert itself will go, right at the
polo field. This is where VIP and staff parking will be situated and with the staff paring shown up
here, and this is where additional public parking will be provided. All of this land area will
constitute roughly 14.5 acres, not exceeding 15 acres. I just want to make it also clear that all
activities associated with this event will be, must be limited to the 14.5-acre project site. That can
exclude, of course, the access ways, because access is access. But all activities associated with the
festival – the parking, the event tents, the actual concert grounds – all of those things must be
contained within the 14.5-acre site. So I just wanted to make sure that was clear.
GIFFIN: Okay. Then, Daryn, since what you are proposing in terms of new conditions would be
14 and 15, then the old 14 and 15 would be 16 and 17?
ARAI: That is correct.
GIFFIN: Okay. Commissioner Bowman, did you have a question?
BOWMAN: Well, okay, so the public parking is not adjacent to the homeowner there, but there’s
going to be a trail to the right?
ARAI: That is cor-. I believe the Takamine property is right over here, and this is the Zimmerman
and, I’m sorry -.
GIFFIN: Yeah, Sakamoto, Zimmerman.
ARAI: Sakamoto. Maybe the applicant’s representative can further clarify -.
BOSTOCK: Yeah, Bill, you can point while -. The field with the VIP parking is Lot 115,
Zimmerman/Sakamoto, which actually is in escrow to a new owner – she was mentioned earlier,
Evelyn Twigg-Smith, whom I’ve also talked to – but it’s not sold, so it didn’t need to be changed in
the application. That’s undeveloped, and that’s the field through which the main public will walk.
It actually also provides a distance between the cars and the concert grounds, which is a good thing
in terms of preventing tailgating and in terms of preventing repeated visits back to the car to have a
quick drink or whatever. So that’s another element which is forced upon us because of the fact that
more houses are developed in that area, but also it’s something we are going to make use of. There
will be a drop-off area in the upper, I pronounce it, Palekaiko Road – I don’t know if it has an
‘okina or not – and, for anyone that needs to be dropped off and doesn’t want to walk back across
the field. And the roadway to the right, that’s the access road to reach the parking. The general
public will walk across the field, not along that road – there, thank you.
MOORE: For the record, the Takamine property is right in here to the left of the Zimmerman
property.
GIFFIN: Any other questions of staff or the applicant? Hearing none, do I hear a motion?
Commissioner Bowman.
BOWMAN: I move that we approve the special permit application, SPP 12-000131 – do I have to
read each condition?
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GIFFIN: No.
BOWMAN: Okay, with the conditions as the Department has, and the applicant, have suggested.
GIFFIN: And the renumbering?
BOWMAN: And the renumbering.
GIFFIN: Of Conditions 14 and 15, and that’s making the total number of Conditions now be 16 and
17. Correct, Daryn?
ARAI: That is correct. And again, it will include, also to clarify, the conditions as amended by the
applicant in the sheet that was delivered to all the Commissioners, as well as verbally amending
Condition No. 3 regarding including the Fire Department in the consultation process and Condition
No. 6 regarding applicability of the FHWA Central Federal Lands.
GIFFIN: Do I hear a second?
BEAUDET: Second.
GIFFIN: It’s been moved by Commissioner Bowman and seconded by Commissioner Beaudet that
– hang on – that the special permit application, 12-000131, be approved along with the conditions
as presented by the Director, and as amended slightly Conditions No. 2, 4, 5 and 11 and 12, and
adjusted with additional verbiage to Condition 3 and Condition 6, along with the renumbering of the
total conditions to include Conditions 14 and 15 as presented by the Department. Any other
comments?
BOWMAN: Sounds good.
GIFFIN: Discussion? Hearing none, Daryn?
ARAI: Commissioner Bowman?
BOWMAN: Aye.
ARAI: Commissioner Beaudet?
BEAUDET: Aye.
ARAI: Commissioner Hickcox?
HICKCOX: Aye.
ARAI: Commissioner Nelson?
NELSON: Aye.
ARAI: Commissioner Whittemore?
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WHITTEMORE: Aye.
ARAI: Madam Chairwoman?
GIFFIN: Aye.
ARAI: Madam Chairwoman, motion carries with six aye votes.
GIFFIN: Congratulations. And please keep the Director informed as to the other approvals that
you need to get right now. And I’m sure she will be, or staff will be reporting back to us. In the
meantime, you’ll be getting everything in writing. Have a good day.
MOORE: Thank you very much. Really appreciate it.
GIFFIN: You’re very welcome.
The discussion ended at 11:33 a.m.
Respectfully submitted,
Noriko Sauer, Secretary
Leeward Planning Commission
30
EXHIBIT A