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IOKEPA: You know, you mentioned the usage of water is minimal. But these Conditions 4 and 6
<br />that specifically speak to you providing, or provisioning, for a higher usage. Do you have any
<br />concerns about those conditions?
<br />
<br />BAL: Well, I would, I mean, there is a condition that I hire an engineer to calculate the water
<br />supply. And I can, you know, I can tell you it’s ten gallons a week. I mean we don’t have any, I
<br />don’t see the reason for the condition, and that’s what Daryn and I were trying to work out this
<br />morning. But I will do, I will do whatever the Commissioners think that I need to do, I mean, it’s,
<br />it’s fine. I will do whatever you think I need -. Also -. No, that’s all.
<br />
<br />IOKEPA: Okay, thank you.
<br />
<br />HICKCOX: Any other questions, Commissioners? Staff?
<br />
<br />ARAI: Thank you. While we have not figured out the positions of both the Building Division or
<br />the Department of Water Supply, I would like to offer to the Commission that the conditions as
<br />recommended by the Planning Director remain as is. And let me explain why I feel that way. It is
<br />true that Condition 3 does require water usage calculation as prepared by a professional engineer;
<br />however, I will go on record as to say that, should the applicant – I shouldn’t say “should” – the
<br />applicant shall meet with the Department of Water Supply and coordinate with them. And if at their
<br />election they determine that the volume of water that you use will not require a licensed engineer
<br />for the calculations, then we will consider this condition satisfied. And again, the reason why I’m
<br />saying this is because whenever conditions are incorporated within a permit or approval, we always
<br />apply some reasonableness in the interpretation and application of the particular condition.
<br />Condition No. 4, “shall install a reduced pressure type backflow prevention assembly,” that is a
<br />standard requirement of the Department of Water Supply, and their intention is to install these
<br />devices on all uses island-wide. So because you are applying for a special permit, this is an
<br />opportunity for the Department of Water Supply to ensure that any uses that benefit from water
<br />services to the property also meet their most current standards. So we feel this condition should be
<br />left in. Condition No. 6, “the applicant shall secure and finalize the necessary building, plumbing
<br />and electrical permits”; the operative word is “necessary.” Should the Building Division find that
<br />water is not necessary for this industrial type of use, then a plumbing permit is not necessary and
<br />plumbing itself would not be required to be installed in this building. What all of this is basically
<br />saying is that the conditions as we offered to you provides an enforcement mechanism to ensure that
<br />the applicant works with Water Supply, works with the Building department to make sure all proper
<br />approvals and requirements have been satisfied. So the conditions represent like a safety net. And
<br />if the applicant is able to resolve those issues, whatever the outcome is what the Planning
<br />Department will, would be willing to accept. So I don’t see the conditions as written as, and I hope
<br />this is the proper word, but like, fatal to the applicant, because the applicant -. And should the
<br />Commission approve this permit, it’s supporting this use. And like any other business and any
<br />other use that occurs on this island, if you want to do something, then you have to meet minimum
<br />requirements. It’s basically as simple as that.
<br />
<br />BAL: I think that’s very reasonable. I wanted to say one more thing about the building permits that
<br />were brought up. My landlord is very supportive, and he wanted to come today. He’s like the head
<br />driver for Meadow Gold Dairy, and he works from 5:30 in the morning till eight o’clock at night,
<br />and really difficult -. He said, you know, if the meeting was going to be held in Hilo, I can, I might
<br />be able to get away for a couple of hours to attend but -. He is calling me and he is very supportive.
<br />He is under the impression that all the building permits were finalized. Because that was one of the
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<br />EXHIBIT A
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