2015-06-04 HearingTranscript - Arrow of Oregon Amend SPP09-076

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HEAUKULANI: Thank you. MOSES: Okay, thank you. You may return back to your seats. So, we’re gonna move forward with public testimony. I have three testifiers. Bruce Petronic [sic] Petrovic—wait I have two— and Mark Jernigan. I’m going to swear both of you in. Please raise your right hand. Do you swear or affirm to tell the truth on this matter now before the Planning Commission? PETROVIC/JERNIGAN: I do. MOSES: Thank you. Please state your name, the area you reside, and speak directly into the microphone. Each of you will have three minutes. JERNIGAN: Good morning. MOSES: Good morning. JERNIGAN: My name is Mark Jernigan. I reside in North Kona, specifically Hōlualoa. MOSES: You may proceed. JERNIGAN: Thank you. Thank you for allowing me the opportunity to speak. I’m speaking today in favor of the applicant. There’s two applicants—I’m actually speaking in favor of both of them. After listening, I didn’t, I don’t have the luxury of seeing all the conditions that were bouncing back and forth, but after listening to the testimony that was presented orally, I don’t believe HOVE has standing for a contested case, and I don’t think they have standing even to dictate what happens on private property. They’re the road maintenance corporation and that’s what their charter is for. Just for road maintenance. Not to say what kind of uses happen on the property. That’s up to you all to a, if it’s going to be agriculture, if it’s going to be a quarry or if it’s going to be a forest, or it’s going to be a day care center, that’s up to you. It’s not up to HOVE. Now, they maintain all the roads in the subdivision, that’s true. But for heavy vehicles, they allow heavy vehicles in the subdivision. They are several large businesses down along the highway—grocery stores, gas stations, there’s a lumberyard and heavy vehicles come back and forth from these things. There’s water, a water district thing, so the water trucks come back and forth, and HOVE assesses all heavy vehicles a thousand dollars per year to travel on these roads. And that assessment they claim is because of the extra damage that the heavy vehicles cause. That’s a pretty heavy fee to travel on a road—a thousand dollars per year per vehicle. So, and I also heard something else earlier—HOVE was, their counsel was saying about the applicant being non-compliant. Well, Ocean View Estates did illegal mining for decades on five acres. That seems, you know, if you’re going to consider somebody’s behavior and how you’re gonna value their testimony, that needs to be considered ‘cause both, both people probably have done something wrong. 13 EXHIBIT B