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your right hands. Do you solemnly swear to tell the truth on this agenda item here before the <br />Hawai‘i Leeward Planning Commission? <br /> <br />LEITHEAD TODD: I do. <br /> <br />GIFFIN: Thank you. Starting with you, Chris. <br /> <br />BRILHANTE: Bill. <br /> <br />GIFFIN: I mean Bill. <br /> <br />BRILHANTE: I do as well, as long as you don’t call me Chris. <br /> <br />GIFFIN: Okay. BJ? <br /> <br />LEITHEAD TODD: Basically, we agree with the arguments made by the Department of Public <br />Works, and also want to kind of reiterate that we need to focus on what the purpose of an SMA <br />permit is, which is to protect those resources within the shoreline area. And so a lot of the <br />discussion really has not centered on the area of construction, and whether it has an impact on those <br />resources that the SMA is supposed to protect; it’s really been extraneous to that. And so I think <br />there are some limitations as to what you can and cannot do with an SMA permit. We also object to <br />standing for the same reasons that the DPW enunciated. <br /> <br />BRILHANTE: Good afternoon, or good morning, Chair – we are not there yet, but I think we are <br />slowly getting there. That’s true, Ms. Leithead Todd has correctly stated our position is that the <br />Planning Director does have some concerns, and we’ll raise objection as it relates to the specific <br />issue regarding standing. You know, Mr. Kanaka‘ole clearly stated, I mean, you know, his <br />concerns as it relates to the criteria set forth under your own rules as relates to standing, and I too <br />have questions as to whether or not Mr. Clapp has met any of those requirements to establish <br />standing. Again, you know, the purpose of the SMA is as it relates to environmental or cultural <br />impacts in the area. And, you know, I’m having problems and I’m having a real difficulty in my <br />mind just clearly establishing how Mr. Clapp’s interest is distinguishable from the general public. <br />The only issues that I’ve heard raised is traffic congestion, streetlight and the like. And, you know, <br />being stuck on Ali‘i Drive on numerous occasions when it’s a Saturday or a Sunday and the weather <br />is beautiful, which fortunately for the Kona residents it’s much more often than in Hilo, you know, I <br />have traffic concerns when I’m stuck there, and I don’t think it’s any different than Mr. Clapp’s <br />concerns. And so for that, under that principle, I feel that there has been no establishment of <br />standing here. I think if Mr. Clapp does have concerns regarding a staleness of the EA or the like, <br />that might be for a different venue, not here in front of the Planning Commission. <br /> <br />GIFFIN: Commissioners, any questions of the Planning Director and/or her legal counsel? Hearing <br />none, thank you. Okay, Randy. <br /> <br />VITOUSEK: Madam Chair, as you may recall, I was the attorney who represented Nansei Hawai‘i <br />in an application for an SMA permit for the Kohanaiki or Kohanaiki Resort. And I couldn’t attend <br />the final hearing on standing because my daughter was born that day and I had to be in Honolulu. <br />And the Planning Commission denied standing to someone who lived in Honokōhau in Kailua- <br />Kona because they felt that they did not reside on or adjacent to Kohanaiki. And those people <br />argued that they had an interest in it because they went there and they used it and they cared about <br />19 <br />EXHIBIT B <br /> <br />