2015-08-20 Leeward Exh A (REZ 04-022)

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somebody may say, “Oh, bro, it’s all done already, they graded the whole place.” There is, they may have all the grading permits in the world, but they have no grading permits to go in the parcel, none whatsoever. And I want to be sure that none are ever issued to go in there, because it’s part of the law and we are under the rule of law; we are not, “Hey, bro, brother told me it’s okay, no problem, we going, you know, he told me, hey, get the damn homeless people out of here. Oh, yeah, so they are going back there now. I know we’ve got a problem. But, if I could, I’d be down there every day pounding those guys, getting them out of there, making sure they are not there. But I can’t do that, and --. BEAUDET: I think you’ve made your point, Mr. Tyler --. TYLER: Yeah, okay, mahalo. BEAUDET: -- I don’t mean to be disrespectful. TYLER: I’m done. I’m happy to answer any questions. I just want everyone to maka‘ala this. And this is going to the Council, so believe me, I’m going to go to the Council. You folks are an advisory. I’m going to go --. BEAUDET: And rightfully so. We’ve got your point. TYLER: Thank you. Mahalo. I’m happy to answer any questions. I dropped my file just before I came forward. BEAUDET: Staff, with regard to the conditions as written in the ordinance, with regard to the conditions as stated by SHPD, now who is responsible to make sure that those conditions are met? Is that the County action or is that the State action? KAY: That would be up to the, the conditions are actually on the applicant; it’s the applicant’s requirement to meet all of the conditions of the ordinance. BEAUDET: Yeah, but who goes after? KAY: It would be in conjunction with the State and in the case of one condition with the County as well; so the applicant is supposed to be working with the State and the County depending on what the condition states on different aspect. So for instance, if you look at Condition J in your yellow sheet, at the very bottom it says, “A separate Preservation Plan for the portion of 7-5-9:54 that is zoned A-1a shall be submitted to SHPD prior to any mechanical disturbance or issuance of any land disturbance permit of that area.” We are unclear as to whether or not the Preservation Plan was ever done. We have contacted with SHPD right now to see if that was done. There were preservation plans and burial treatment plans that were done for Parcel 67, which is the subject parcel that we are dealing with now, and SHPD signed off on those. But we are unclear as to whether or not there was anything done for 54. BEAUDET: Would that --. 7 EXHIBIT A