2012-05-03 Windward Transcript Circus

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interest in it or anything else, so I don't need to recuse myself. But I'm just all about transparency and full disclosure. So, with that said, there are a few things I'd like to talk about briefly before we get into staff presentation. One of those is, you know, we’re at capacity here. Obviously this was scheduled sometime ago, you know, about a month ago almost, so we had this room scheduled. And, you know, obviously if we would have known there was going to be this kind of a turnout we would maybe try to get a different spot. But this is what we have right now so you have to work with this. With that being said, the most important thing here is that we maintain respect. That’s huge for me. I don't want to have to start pounding the hammer and start, you know, mitigating disputes or anything. We have a forum here to go through that process. And I really, really would appreciate it if we could stay on point and not get out of hand, and maintain mutual respect for all parties involved here. What we are going to do is we are going to have staff presentation next. I am going to talk about some of the potential outcomes of this hearing. And then we are going to have a presentation from the Applicant, but from the, from SPACE and their representatives. And we’ll get into some public testimony, I believe at some point. Probably when we are doing a presentation by the SPACE representatives, we will have the Planning Department talk about any potential, potentials on their side of things. The other thing I’d like to point out is that I unfortunately will have to leave little bit early today, a little bit before three o'clock. And, I already had this in place a long time ago; otherwise, I would've changed that and been here for as long as I needed to be. With that being said we have five Commissioners here. We need four for quorum. So when I leave we’ll be down to four at the quorum. I would, if you guys want to see five Commissioners here, there’s some potential things we can do. Again, public testimony is limited to three minutes a piece. Right now we have about 50. So considering that there might be three minutes a piece that’s 150 minutes. That’s, you know, almost, it's what 2 1/2 hours of public testimony, potentially. And everybody has the right to sign up and give testimony. What I may suggest as a way, some ways to bring down that timeframe is to maybe do some groupings where one person represents, you know, three, five, ten people, just as an option. But, again, you don't have to take any of these options. You're welcomed to give your testimony for three minutes. But for the sake of time and process I just wanted to throw that out as an option. And again respect, respect, respect. With that we’ll move to Jeff with the staff presentation. Thank you. DARROW: Thank you Mr. Chairman. To begin with I want to just mention, I apologize up front that this next presentation is lengthy. And so if you have questions just jot them down, and then after we can take care of those. Additionally I'll be referring to certain exhibits. Those exhibits are listed within the background report. So as I reference them, if you need to look them up, they’re listed within the background report. With that, we’ll begin our presentation. This next hearing is regarding non-compliance with conditions of approval of Special Permit No. 1122 (SPP 1122) and revocation proceedings. This is initiated by the Planning Department and the Planning Director. The location of the subject property is located in the Puna District. More specifically we’re looking at Sea View Kalapana Estates, which is between Kaimu and Opihikao along Highway 137 or Kalapana-Kapoho Road. Areas near this area are the 2 EXHIBIT B