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is within the Special Management Area. So it was unclear as to exactly what she was asking, but <br />hopefully, that answers that question. She is saying on No. 2, “Therefore, the swimming pool may <br />need some adjusting.” Again, because it’s so far from the coastline, there would be no, it’s clearly <br />out of the 40-foot shoreline setback area. No. 3, “It is unknown what type of wastewater treatment <br />will accommodate the swimming [pool]. This community frowns on marine water pollution.” If I <br />could direct that attention to the applicant’s representative in regards to how they are planning on <br />taking care of draining the pool, if they ever need to. And then, “Lastly, there was no indication <br />how the outdoor night light system will prevent shining into the ocean.” And that brings me to my <br />next issue, which is we need to make an adjustment in the recommendation regarding outdoor <br />lighting. There is a condition that has been placed within the application that deals specifically with <br />outdoor lighting, and this is Condition No. 6 found on Page 8 of the recommendation. It says, “All <br />permanent lighting should be shielded in conformance with the Hawai‘i County Outdoor Lighting <br />Ordinance.” It references Hawai‘i County Code Chapter 9, Article 14; that should be Chapter 14, <br />Article 9. So my mistake. And the same change will need to be made on Page 5 of the <br />recommendation on the lower portion of the page. <br /> <br />GIFFIN: Jeff, excuse me, could you please go over again what Chapter and Article this is? <br /> <br />DARROW: This would be Chapter 9, I’m sorry, Chapter 14, Article 9; so it’s just reversed. <br /> <br />GIFFIN: And then Page 5 of what? <br /> <br />DARROW: The recommendation. We make reference to the same Chapter in Code. But, again, <br />this condition should take care of the issues regarding outdoor lighting. There was a change in the <br />State law 205A-71, which required the counties to take care of outdoor lighting. Our County Code <br />was changed to deal with shielding of lighting, outdoor lighting. And so when they come in for <br />their permits, they will need to take those issues into account. And, again, we’ve made it even clear <br />of making it a condition in the permit. Okay, I believe that concludes our presentation. Are there <br />any questions? <br /> <br />GIFFIN: Commissioners, any questions of Jeff? <br /> <br />DARROW: Thank you. <br /> <br />GIFFIN: Thank you. Hearing none, may I please ask that the, first of all, the lights go on, and <br />secondly the applicant please come up, and/or his representative. <br /> <br />ROSS: Good morning. My name is David Ross. <br /> <br />GIFFIN: Good morning. Thank you very much. Please be sure to use the microphones. And I <br />need to swear you in first. Could you please raise your right hand, both of you. Do you swear or <br />affirm to tell the truth on this matter now before the Leeward Hawai‘i County Planning <br />Commission? <br /> <br />ROSS: I do. <br /> <br />GIFFIN: All right. Beginning with you, sir, please state your name. <br /> <br />3 <br />EXHIBIT A <br /> <br />