Loading...
HomeMy WebLinkAboutCOM 0526.005 2010-2012 COUNTY CLERK CARLSMITH BALL LLP COU T! ' " f'tWI\II A LIMITED LIABILITY LAW PARTNERSHIP 2UI2 - ( O 121 WAIANUENUE AVENUE P.O.Box 686 HILO,HAWAII 96721-0686 TELEPHONE 808.935.6644 FAX 808.935.7975 W W W.CARLSMTTH.COM KGOODENOW@CARLSMITH.COM OUR REFERENCE NO.: 065162-1 January 31, 2012 VIA HAND DELIVERY Council Member Dominic Yagong, Chair Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 Re: Bill 168 - Change of Zone from RS-10 to CV-10 in Mountain View Testimony by Donny Souza before the Planning Committee on January 19, 2012 Dear Chairman Yagong: At the Planning Committee meeting held on January 19, 2012, rezoning applicant Donny Souza made several statements in regards to Bill 168 that we believe require further clarification. I would like to provide supplementary information and documents that relate to Mr. Souza's comments to Council Members Ford and Blas. 1. Xtreme Auto Works is Registered as an Auto Body and Paint Business Mr. Souza stated that his business does not involve auto body work. The following transcript of a portion of the January 19, 2012 meeting is provided for your reference: MS. FORD: Mr. Souza, I want you to know that I have read all of the testimony from the Planning Commission and all the opposition stuff has come through. I've read all of it. So, I want to ask you a little bit about your business. It's an auto body shop. Is that correct? You do auto body work. MR. SOUZA: No. Auto repair. MS. FORD: What does auto repair mean? MR. SOUZA: General repair, oil changes, timing belt—stuff like that—brakes-- HONOLULU HILO KONA MAUI GUAM • SAIPAN LOS ANGELES Comm. No. ca co Ref. TdI �L Pef. bate FEB 0 6 ZOfL Councilmember Dominic Yagong, Chair January 31, 2012 Page 2 MS. FORD: Okay. MR. SOUZA: Exhaust. MS. FORD: Is your—what is the name of your business? MR. SOUZA: Xtreme Auto Works. MS. FORD: What does Xtreme Auto Works mean? MR. SOUZA: That's just a name I came up with. MS. FORD: Okay. Every place that I've ever lived, if it has the word "extreme," it's not just normal mechanical maintenance. Despite Mr. Souza's statements, a search of records at the State Department of Commerce and Consumer Affairs ("DCCA") reveals that Mr. Souza's business, Xtreme Auto Works is registered as an Auto Body & Paint business. A copy of the approved trade name registration application is attached as Exhibit 1. 2. According to DCCA Records, Mr. Souza does not have a Mechanic's License Records at the DCCA also indicate that Mr. Souza is not a licensed mechanic. A printout of a search for professional and vocational licenses on the DCCA website, attached as Exhibit 2, indicates no mechanic licenses are issued to Mr. Souza. Hawaii Revised Statutes Section 437B-7 states: On or after January 1, 1976, it shall be unlawful for any person to engage in the repair of motor vehicles for compensation without being licensed as a motor vehicle repair dealer or motor vehicle mechanic in accordance with this chapter. Every motor vehicle repair dealer shall be a motor vehicle mechanic or shall have at least one motor vehicle mechanic in the dealer's employ. No motor vehicle mechanic shall engage in the repair of motor vehicles unless that person is also licensed as motor vehicle repair dealer or unless that person is in the employ of a motor vehicle repair dealer. Quite simply, Mr. Souza is not currently licensed to do the type of repair work he described in his testimony quoted above. Councilmember Dominic Yagong, Chair January 31, 2012 Page 3 Furthermore, at the November 3, 2011 meeting of the Planning Commission, Mr. Souza stated he currently is conducting an auto repair business. The relevant portion of the November 3, 2011 transcript is attached as Exhibit 3. It appears Mr. Souza is performing this work without a license. 3. Mr. Souza has Recently Obtained Collision (Auto Body and Paint) Certification Council Member Blas' also asked whether Mr. Souza planned to do body work and whether Mr. Souza was a certified technician: MR. BLAS: But no body work, right? MR. SOUZA: No. MR. BLAS: ...Are you a certified technician? MR. SOUZA: Yes, I have 11 certifications. MR. BLAS: Eleven certifications. That is great. Then, you know all about the automotive industry then, very much. MR. SOUZA: Yes, I have been working on cars for a long, long time. In regards to Mr. Souza's certifications, I requested a status letter from the National Institute for Automotive Service Excellence (ASE). The status letter, attached as Exhibit 4, indicates that as of January 9, 2012, Mr. Souza has 9 ASE certifications. What Mr. Souza failed to mention, however, is that 3 of these certifications are for Collision (Auto Body and Painting). His Collision certification in Mechanical and Electrical Components was obtained in December of 2011, less than a month before the January 19, 2012 Planning Committee meeting. 4. Extreme Auto Works is Currently a Distributor for Goodmark Industries, an Auto Body Wholesale Company I recently confirmed that Xtreme Auto Works is a current licensed distributor for Goodmark Industries. Goodmark Industries describes it's business as a leader in restoration sheet metal for classic cars and trucks: "All of the employees of Goodmark Industries are classic or muscle car enthusiasts...No one has the extensive inventory or selection of body panels that Goodmark warehouses." Information from Goodmark Industries' website is attached as Exhibit 5. I am sending a copy of this letter to the Applicants, Donny Souza and Melissa Mulliken, so that they will have an opportunity to respond to the information we have provided. If you Councilmember Dominic Yagong, Chair January 31, 2012 Page 4 have any questions or would like to discuss this matter further, please do not hesitate to contact me at 935-6644. Sincerely, (CI \.) ,------11- ------------ Kenneth G. Goodenow cc: Donny Souza and Melissa Mulliken Susan Langer KGG/1 lh 4839-0810-7534.1 FORM T-1 FILED 06/04/2007 8:40 PM 1/2007 Business Registration Division STATE OF HAWAII DEPT.OF COMMERCE AND DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS CONSUMER AFFAIRS Business Registration Division 111111111 III IIII IIII State of Hawaii 335 Merchant Street Mailing Address: P.O.Box 40,Honolulu, Hawaii 96810 Phone No.(808)586-2727 APPLICATION FOR REGISTRATION OF TRADE NAME (Chapter 482,Hawaii Revised Statutes) PLEASE TYPE OR PRINT LEGIBLY IN BLACK INK 1. Applicant's Name:Donny E. Souza Applicant's Address: P.O. Box 11289, Hilo, HI 96721, USA (including city,state,and zip code) 2. Registration is(check one): New OR El Renewal 3. Status of Applicant(check only one): U Sole Proprietor ©Corporation 0 Partnership ®LLC O LLP 0 Unincorporated Association OR El Other(explain): 4. If applicant is an entity,list state or country of incorporation/formation/organization: 5. Trade Name is: Xtreme Auto Works 6. Applicant is(check one): U Originator of name OR El Assignee(one to whom name was assigned to by another) CO 7. Nature of business for which the trade name is being used: Auto Body & Paint O N 0 0 I certify,under the penalties set forth in Section 482-3.5,Hawaii Revised Statutes,that (check one): IN I am the applicant OR N ❑I am the of the applicant named in the foregoing application,and that the (Office Held) statements made in the application are true and correct to the best of my knowledge and belief. Donny E. Souza Donny E. Souza 06/04/2007 (Print Name) (Signature) (Date) SEE INSTRUCTIONS ON REVERSE SIDE. Application must be certified by the applicant if an individual. For corporations,application must be signed by an authorized officer of the corporation. General or limited partnerships must be signed by a general partner. For LLC,must be signed and certified by a manager of a manager-managed company or by a member of a member-managed company. LLP must be signed and certified by a partner. — (DEPARTMENTAL USE ONLY) 4054279 Certificate of Registration No. CERTIFICATE OF REGISTRATION OF TRADE NAME In accordance with the provisions of Chapter 482, Hawaii Revised Statutes,this Certificate of Registration is issued to secure the aforesaid applicant the use of the said TRADE NAME throughout the State of Hawaii for the term of five years from JUNE 4, 2007 to JUNE 3, 2012 DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS REGISTRATION OF A TRADE NAME WITH STATE OF HAWAII THE DEPARTMENT DOES NOT GRANT Dated: JUNE 4, 2007 YOU OWNERSHIP OF THE TRADE NAME ,.J aU usYWfl L A.A.{9_„ (Director of Commerce and Consumer Affairs) B48(Fee) S18(SH) EXHIBIT 1 Professional and Vocational I.icensine(PVL)-powered by el Iawaii.gov littpHiril.ehawaii gov,"pvlsearch:app'? r-nm& a Submit°A■20Quer .. Professional and Vocational Licensing (PVL) Search - Search Results i I- Business/Person Name License Location I Details DARREN E SOUZA , CS-15665 1 a 1 DAVID E SOUZA I CT-27322 i Elk I 1 DAWN M SOUZA RS-51906 _ DEE GUZMAN SOUZA other: DARNETTE R RS-62715 la GUZMAN DEE GUZMAN SOUZA other DARNETTE R SOUZA RS-62715 121 ..... DEE GUZMAN SOUZA other: DEE GUZMAN RS-62715 es DENIS 3 SOUZA CT-24475 5737 TAPA ST KOLOA HI 96756 .......___ _ . _ DENNIS 3 SOUZA i CS-10905 — —I- DENNIS 3 SOUZA RS-54182 ' B. DENNIS P. SOUZA BEO-2863 1E1 MICHELLE L SOUZA DIAS MAT-10534 Ek DONALD PETERSON SOUZA CS-8620 igi.H! DOREEN C SOUZA MS-11003 DOROTHEA L SOUZA LPN-6884 ID EDWIN L SOUZA 111 , RS-55706 Ell ! _ _ 87-193 LAIKU ST WAIANAE HI ELDON G SOUZA CT-22953 al 96792 EMERNETTE A SOUZA , BEO-11269 Et ; EMERY K SOUZA - El * _ _ FLORENCE M. SOUZA BEO-3063 [ i FLORENCE M S...OUZA BSH-2743 1 91765 7 2B0 ANYAN DR #112 HILO HI El . ._._1 . EXHIBIT 2 i of 1 1,22 12 12.53 .A\,1 i Professional and Vocational licensing(PVL)-:powered by el lawaii.guv littp:'!rwl.ehawaii.gov/pvlsearchlapp? f n& a-I.TP I EM ELECTRICIAN, MAINTENANCE 1 ES ELECTRICIAN, SUPERVISING ES! ELECTRICIAN, SUPERVISING INDUSTRIAL ESS I ELECTRICIAN, SUPERVISING SPECIALTY . . EL i ELECTROLOGIST EVM ELEVATOR MECHANIC EM TB EMERGENCY MEDICAL TECHNICIAN-BASIC • EMTP ! EMERGENCY MEDICAL TECHNICIAN-PARAMEDIC --- — 1 EMA 1 EMPLOYMENT AGENCY --.- EMS 1 EMPLOYMENT AGENCY BRANCH OFFICE EMP EMPLOYMENT AGENCY, PRINCIPAL AGENT OF _ ---,-- PE ENGINEER, PROFESSIONAL FPTP , FIRM PERMIT TO PRACTICE PNF FUNERAL, PRE-NEED FUNERAL AUTHORITY GD GUARD GDA , GUARD AGENCY HA HEARING AID DEALER& FITTER ! LS LAND SURVEYOR LA LANDSCAPE ARCHITECT I LBSW LICENSED BACHELOR SOCIAL WORKER .... LCSW LICENSED CLINICAL SOCIAL WORKER LSW LICENSED SOCIAL WORKER I F MANUFACTURER I _ — 1 MFT AND FAMILY THERAPIST _ _ -----i 1 MAE MASSAGE ESTABLISHMENT . _., MAT MASSAGE THERAPIST MC , MECHANIC, CERTIFIED 1 MR MECHANIC, REGISTERED — — MRC MECHANIC, REGISTERED AND CERTIFIED MDT MEDICAL BOARD TEACHER MHC MENTAL HEALTH COUNSELOR MXC MIXED MARTIAL ARTS CONTESTANT MX) MIXED MARTIAL ARTS JUDGE MXM I MIXED MARTIAL ARTS MANAGER I ____—_ MXD------ MIXED MARTIAL ARTS PHYSICIAN i 2 014 I:2'112 1:16 AM EXCERPT FROM PLANNING COMMISSION HEARING TRANSCRIPT DATED NOVEMBER 3, 2011 COMMISSIONER ONO: You don't need to answer the following question, but I'm just curious. So what are you doing now in terms of, because you don't have this kind of activity. MR. SOUZA: Currently I do some mobile, and I rent a spot at one of my friend's shops. COMMISSIONER ONO: Okay, so you're doing business -. MR. SOUZA: Yeah, but I can't afford it. You know, if I was to go, I just, I can't afford to rent a place. There are so much new places opened up, and they also can't afford it. You've got to rent, you've got to pay business insurance, disposal of all, you know, oil and everything -- it's just too much. EXHIBIT 3 AS:* Naindtvr, AUfif„7M i`f�1` TiViE solvicsi Excssumma January 09,2012 DONNY E SOUZA MOUNTAIN VIEW, HI ASE-1540-8186 Our records indicate that the individual noted above has passed the following ASE Specialty Test Area(s): Automobile: Al Engine Repair Expires 12/31/2015 Automobile: A4 Suspension And Steering Expires 12/31/2015 Automobile: A5 Brakes Expires 12/31/2015 Automobile: A6 ElecMcaVElectronic Systems Expires 12/31/2018 Automobile: A7 Heating And Air Conditioning Expires 12/31/2016 Automobile: A8 Engine Performance Expires 12/31/2016 Collision: B2 Painting And Refinishing Expires 12/31/2015 Collision: B4 Structural Analysis&Damage Repair Expires 12/31/2015 Collision: B5 Mechanical And Electrical Components Expires 12/31/2016 If you have any questions,please feel free to contact us. Sincerely, ASE Customer Service 101 Blue Seal Drive,S.E.,Suite 101 Leesburg Virginia,20175 (703)669-8600 Fax(703)869-6123 www.ase.com EXHIBIT 4 C. C en Q) a) -12 ,-- `" c• cc) 0 •- •-= ...e as co 0 Trzi e .... ,cx. 0-) -'• C 2 c_.) ' f `.8 -g) . c) 1:::1 0 CU D ca ''--'N c_to , , r e 1=1 4) ,LIL C) CL - r.. ,0 . kr -, A -7 0.1r. 0 aft — ca o. 0 zi (, : 0 ...i • -0 ..- ..-LT-- 1E3 72 Ero L--. , -.- LI 0 _g -§ -1111 s-• •-•- --- co 773 a) -.-- -t•-) ,:. 4' 1*". ff (c) .5 >-. .... -.6, ,7s co .E cr) 0 c) = a) .,„) 2. a.) cl' (11 -°111` *--- -% c:i 0) 5.- , 4 • ft d,, tit c1.3 '14r 'cu ca. to», 4':..;io _ i riv- cc) 54 r= Ti c000rDE .,.._ u_ 1= a.. O ,f) to , 6 co `11 ct a e±1- :..--,.°.',`, •& 0 -ia ,,-) Si.' -2 E".g., --*- ....e < E cn c) E v? ca. CU ra ja 0 s..-:. , re = 7) ...r.: ci 2 0D •. •Z 2 .....J 4.1 c0 Gt. CO g e- ,..... .15 co ..' ,E... ..— '. !..3 -T. 2 0c ..... u) CD 10 0 I.- a3 g e 2 l s.g- -8 Li s.,, — ---- — . 0 co tri ca. = eL = o a ...._ g. 03 CA .,.., 0 ,.. ,. g. C..i ck) ' .i.rd E 3 i-,:-,:' E ‘-' ..-_-_ .... c.) c ›....--•'' ,-.; 3 S ,...1 ro -0c, c)›. := ..,0 CD c`f, 1.12. '49 m -, 4) cy) v.; C., Cil .,C 04 F.J ‘... = w (7, 6 41> Uj .... Z5 _LI) L . = ::: = 4.--. = - .., cd a) -10 11 - 0 6 ca. ry,..= .— .8 g- c.) IE. ." a E -cA "al 4) 'Z' ''"i ,•,-- Cr, .....s.. a) 4) .= ....-. -, Le)- ,o) ,,,, c.= Q) a) 11".; u, 0 0 5 2-F.2 - (U Co g 2> 0 0 — o .17-- crs 0 en C_D et ct.. tr) >-.. E P. 0 -0- Mr "- < 73 -ra di — - 1 .8 co E CD •-, ;.,.•.q 0 -•-• ,n CL M E (U 3 z5 a... a) C 1) .4)- ,D Ct•i" Viiii .. •-,:,i.t: .,., 0.) - e a vs — ...- E ,i3 a) '-'." a) . 4c–, Qu –5 Cr)(J.) 0 .-, .... •' (1.) —on I.- C-3 en ...)e to LI toi .... --- ..c.a .,s 0 ---- if) --.--' I ,.._ (la as 0 = c.c) als •01,5•ir"." (....) 4)- 0 -"-a-t,ia-,....,• '-- — 0 . _.,.. T -8 -6 o - '— (.9 1 0 a zi:-: 12 w ev3 .9. --.. -0 cc) 1-5 •Z Tra a) & 3 0 'a t=-1- Cl) Co 43 *willei " g 5.), „- . — ...,. .., .E rito c .8 - -- -et •- a> ta r.. -c. = a) A = _, a.., 't-.3 a) - . tf) .... -7:1 •■••■ .C. _C) Op E '.---, cc a IM t --= as — -o ca -as CO ..C3 , " a3 '03 C ..14 -.-V, CO F3 0 cl.) cp "• ..4) 01 = CI = OE •y.: 0. g Nin -.2 ,, o ,,...- ..-_-, .. ..... "In ',...• RI Ca .4...• 0 ,- 0,) CD - ' •-• .-- 0 0) .r.- 0 CO - = -2 0 2. CD oa 0 9. 111 = E c n T ...,.: 8 2 --... - -- --- c 11-3 t) (9 •/) 6 (1) -° "- =-.. 7, 4) 4) • — 4) - •-• - •-- ° °- 4) -c-to c a I---'' -- .-ri vi "19, ecPs 1 r^: C) 1:LaD ...._ a. a tc, 0 -;-z — r^:: •-• N -CI =•-• -r3 tRI 4 -5. 0 cl' a) (13 -C 2' 8 .,4) 0 • — :s2 ,i, E a_ 1--n 'e .'"5- "S Iii = ‘1.) — — a) co a) ft 4 8 „so.) = tn 0 CO = 6 -FI., O- a iS 0 -- -0- e ›, o ca 175. 0 a) 0 1-3- '5-, -0_,.. 2 7--; —___. 0 ›.„ .`3 75 Oa (1) ,::-.> = 0 CO <7) 'qt. i.i. u: T. n riZ) -- 00 .>-. 0 c CC >, )---- '3 a C:1 > •t,if..,,o114....;:t"to."....)i-fr...;-:;-•.-.V.o..-•,,s-li'z• ' 'r. P Y1-I T Pt IT C '',.-'---''-ciitt-io°,-.41--",:i1V;•:',6.4•..- -,..''