2016-02-04 Hearing Transcript - Arrow SPP 09-076 & Rodrigues SPP 15-178

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HEAUKULANI: Motion to go into executive session carries. At 11:09 a.m., it was moved by Commissioner Henkel and seconded by Commissioner Miyasato 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 92-5.. A voice vote was taken of all Commissioners present, and motion carried with five aye votes. The room was cleared, and the executive session started at 11:14 a.m. At 1:04 p.m., it was moved by Commissioner Moses and seconded by Commissioner Henkel that the Commission go out of executive session. A voice vote was taken of all Commissioners present, and motion carried with five aye votes. Chairman Heaukulani called a recess at 1:04 p.m., and the hearing reconvened for regular session at 1:08 p.m. HEAUKULANI: Okay, I’m calling this session of the Windward Planning Commission back to order. Thank you for being patient while we were in executive session. Commissioners, I would be looking for a motion for action. MIYASATO: Chair Heaukulani, I’ll make a motion. I move that the application to amend Special Permit, SPP 09-076 and the application for Special Permit, Docket No. SPP 15-178 be approved pursuant to the Hearings Officers’ Findings of Facts, Conclusions of Law, Recommended Decisions and Order and proposed conditions, which shall be amended and adopted to reflect as follows. Number one, the objections to the applications and testimonies in support of the applications received since the issuance of the Hearings Officers’ Report and recommendations. Number two, to reflect any potential adverse effect to surrounding properties will be mitigated with appropriate conditions imposed. Number three, with regard to Condition No. 7 of Arrow of Oregon’s Special Permit and Condition No. 6 of the Rodrigues’ Special Permit, within six months from the effective date of this permit, the Applicant shall install guardrails or safety or appropriate safety barriers and appropriate safety signage thereon, at locations where the cuts or embankments are located within the minimum quarry setbacks, setback widths of 15 feet from Kailua Boulevard and Lurline Lane. Within one year from the effective date of this permit, the Applicants shall submit a remediation plan for restoring the appropriate setbacks width buffers where the cuts have occurred within the minimum quarry setback width of 15 feet, shall be completed within four years of submittal of remediation plan. As recommended within the original Geotechnical Investigation Report, these fill slopes should consist of the material recommended within the report and that fill slopes using the on-site clinker material should be no steeper than two height to one vertical. 21 EXHIBIT D