2015-05-07 HearingTranscript - Harry and Sandra Freitas REZ 14-185

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IKEDA: Okay, then I move to enter into executive session to consult with the Commission’s attorney on questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities pursuant to Hawai‛i Revised Statute, Section 22-4 [sic] and 5. MIYASATO: Do I have a second? DELA CRUZ: Second. MIYASATO: All in favor? COMMISSIONERS: Aye. MIYASATO: Any opposed? We’re going into executive session. Could you all please excuse us. At 9:16 a.m., it was moved by Commissioner Ikeda and seconded by Commissioner Dela Cruz that the Commission go into executive session to consult with its attorney regarding questions and issues pertaining to the Commission’s powers, duties, privileges, immunities, and liabilities, pursuant to Hawai‘i Revised Statutes Sections 92-4 and 92-5. A voice vote was taken of all Commissioners present, and motion carried with four aye votes. At 9:17 a.m., the Commission went into executive session. At 9:40 a.m., it was moved by Commissioner Henkel and seconded by Commissioner Ikeda that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with four aye votes. The hearing reconvened for regular session at 9:43 a.m. MIYASATO: I’d like to call this meeting back to order. Commissioners, any discussion? I just have a couple things to say on the motion. You know, for this particular application, yeah, you know, I agree with the representative and his statement on, you know, it would, it’s not a, it’s a sad thing if you cannot subdivide or provide land inheritance for your children because of this policy, and as far as the concurrency policy itself, you know, I agree that it needs a lot of work. At the Clifto’s rezoning, when this concurrency policy first started taking place, you know, that was the basis for the veto on the rezoning, and they did not have the votes to override the veto. And not to long after, on the adjacent property, they passed Kohanaiki; across the street, Palamanui. And this was all based on the roads or at capacity. You know, so I agree the concurrency policy needs a lot of work. One does not fit all. If I was to go out to Pszyk Road in Mountain View from there to Ka‛ū, I think I would pass maybe ten cars at the most. It is not to capacity everywhere on this island. However, with that said, you know, as you have stated yourself, Mr. Hong, because of 25-2-46, you know, it says we shall not be granted unless, and I think because of that, we put a big burden on the Planning Department if we do push a favorable recommendation for future applications. 2 EXHIBIT B