2019-03-21 Leeward Exh B (Discussion on condition deadlines)

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backhoes, with no permit, and they did all the stockpiling, all of that was going into the beach. Banyan Tree, when this permit of extension was happening, they did not have legal rights to do the seawall. The surfers called me, and everything drenched to the ocean, everything was, it was so bad. Here is what happened is the tarp, they had a black tarp to try to hold all the construction, because they had heavy machinery anyway with no permit, and then it went onto the reef, and there was endangered sea turtles there, and it stunk because they died – oh, sorry \[responding to the countdown sign for testimony\]. But, okay, make a long story short is that you should have them go through clearly another permit. There’s too many things that have changed there, including historic, including iwi-s, skull, skull popped up, so. I want to – I can go back there. UNGER: Great, thank you. Thank – oh, ma’am? DIANE BLANCETT-MADDOCK: I just wanted to add, there’s probably a multitude of letters that were submitted in written testimony for this issue. I hope that the Planning Department has given them to you. UNGER: Yeah, we all have them, thank you. DIANE BLANCETT-MADDOCK: Thank you. UNGER: Thank you, you may be seated. Is there anybody else here that wishes to testify on this topic? Not seeing any, I need a motion to close public testimony. SHIMAOKA: I motion that we close. KEALOHA: I’ll second. UNGER: Motion by Commissioner Shimaoka, second by Commissioner Kealoha. All in favor? COMMISSIONERS: Aye. UNGER: Opposed? Hearing no opposed, public testimony is closed. As we outlined in our process, Jeff, why don’t you start again? And if you took some notes of some of the questions, we did also, so if you miss any, we can continue the discussion. But why don’t you start with what you’ve heard and how you can respond? DARROW: Sure. Thank you, Mr. Chairman. There are questions I can respond to. Some of them are legal questions that would probably be better addressed by our corporation counsel, and I’m not sure that’s something they can do at this time, it would probably take research. But I’ll try to address the ones that I can. Mr. Van Pernis brought up the idea of keeping – for zoning ordinances, not for permits – but keeping the zoning in place, and we had briefly touched upon that that the options available to the Director are to revert back to its original or to a more appropriate zoning. As mentioned, we’ve gone through all that work to approve it as an appropriate zoning, it would be, it seems 17 EXHIBIT B