2014-09-04 Hearing Transcript-HACA SPP 845

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BRILHANTE: I’m an attorney, and I represent the County of Hawai‛i Planning Department, Corporation Counsel Deputy. TITA: I see. As Ms. Kawauchi said, there is only way in and only one way out for me. Those other roads are no longer accessible, and it is a question of safety because even the County of Hawai‛i Police Department does not agree with a farmers’ market. They feel it is not safe. They feel it is a problem. Those roads are blocked when they have the farmers market. There has never been an attempt to rectify the situation. They still continue to have gatherings. They still have the parking problems. And, the most important thing is that the permit should be put in place properly so that the building is not listed as a residential, but as a community center what it is supposed to be. In this one year that it has taken for this whole process that we’re going through, the Association has made no effort to rectify or make a step towards correcting the permit problems other than to rip out the plumbing and the wiring from the Fire Department rendering it, more or less, a useless building. There’s, there’s not been anything done that would benefit the community. This is taking the community in a different direction, putting it more at risk. Whose it gonna be on the hook to pay for this—will be the residents, because it’s a privately owned subdivision. And, it is not a fair and accurate statement to make that a lot of people are participating in the farmers’ market. Yeah, maybe 10 or 15 people, and as I stated, those 10 or 15 people that are participating, some of ‘em do not own properties or live in the subdivision. By having some of the other activities that they’re heading, they are now bringing in people from Downtown Kapiolani Park to hang out on a Saturday in our subdivision down there at our community center. This is not a benefit for our community. It is something that is bringing in outside people. That is not benefitting our community. MIYASATO: Go ahead. BRILHANTE: You know, I just want to—I’m glad that the applicant has brought up the issue about the letter from the Police Department because that just solidifies our point that her concerns are being properly addressed, and the letter from the Police Department specifically said that establishing a farmers market has the potential to create added congestion and parking issues in the area that is not sufficiently developed. So, those concerns were raised by a governmental agency just like the system. You see, this system is a process. There’s a process here. The process is working perfectly. For Mr. Tita to be granted standing to rehash the same concerns, it doesn’t allow, it doesn’t provide for a unique or indispensible or a clear, again, a clear, distinguishable interest from that of the general public. You know, we have safety agencies—Police, Fire—and I look at the list of you know agencies that responded. There’s numerous. There’s about ten or so agencies that responded. They’re the experts in the area when it comes to safety issues, and I think by Ms. Tita raising these issues, it’s not distinguishable. Her raising the issues is not clearly distinguishable from concerns of the general public. TITA: It is distinguishable because I can’t get in, and I can’t get out. I have been in that subdivision for going close to 20 years, and when I bought my property, I worked hard to help improve the roads when they first came in there. And, now, to see that it will be changed and I 12 EXHIBIT H