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Home My WebLink About2019-04-04 Hearing Transcript - Hilo Farmers Market Revoke SMA 07-026WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT APRIL 4, 2019 A regularly advertised hearing on the request for the revocation of SMA NO. 07-026 (HILO FARMERS MARKET, LLC) was called to order at 9:05 a.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii with Chairman Joseph Clarkson presiding. COMMISSIONERS PRESENT: Gilbert Aguinaldo, Joseph Clarkson, Donn Dela Cruz, Donald Ikeda, Thomas Raffipiy, John Replogle. ALSO PRESENT: Michael Yee (Planning Director), Malia Hall (Deputy Corporation Counsel for the Windward Planning Commission), Jeff Darrow (Planning Program Manager), Christian Kay (Planner), Jessica Andrews (Planner), and Sarah Hata-Finley (Commission Secretary). And 12 members from the public in attendance. APPLICANT: HILO FARMERS MARKET LLC (REVOKE SMA 2007-000026) Request to revoke Special Management Area Use Permit No. 07-000026, which was granted by the Planning Commission on March 6, 2008 to allow the construction of a 3 -story commercial building at the current Hilo Farmers Market site at the corner of Kamehameha Avenue and Mamo Street, Downtown Hilo, South Hilo, Hawaii, TMK: (3) 2-3-008:020. CLARKSON: So, at this time, the first item on the agenda is an application from Hilo Farmers Market LLC. It's an SMA revocation application, and Christian Kay will make a presentation. KAY: Yes, thank you, Mr. Chair. Good morning. Good morning, Members of the Windward Planning Commission. Donald, we're going to hate to see you go, but thank you for all of your service. If I can direct your attention to the screen, as the Chair stated, this is an application or a request for revocation of Special Management Area Use Permit No. 2007-000026, Hilo Farmers Market, LLC. The subject parcel is located in the South Hilo District of Hawaii Island; more specifically, in the Hilo town area. For reference, we've got Kamehameha Avenue running generally east -west through the slide, and the subject parcel is outlined here in red on the corner of Kamehameha Avenue and Mamo Street. This is the main location of the Hilo Farmers Market that's there on a daily basis. The Applicant is requesting to revoke SMA Use Permit 07-26 which was originally approved on March 6, 2008, to allow the construction of a 3 -story building and related improvements on 7,456 square feet of land. The reason for the request is that the Applicant has since abandoned the original larger building concept, and is moving forward with a scaled down, open-air EXHIBIT A building concept and now only requires SMA Minor Permits and doesn't require approval by this body. The Director is recommending that we approve the revocation of the subject [SMA] Use Permit. The reason we're bringing it back to you folks is that SMA Use Permits are the only types of permits now that require revocation approval by the Planning Commission. After we changed our PC rules recently, all of the other permits that you have authority over can be revoked by the Director. That is my presentation. If there are any questions, I'd be happy to answer them. CLARKSON: Any questions from any Commissioner for staff? No? Is the Applicant—will the Applicant or their representative please come forward? If not, this is a pretty straightforward item. We have one person signed up to testify on this. Would Mr. Dwight Vicente please come forward? Please raise your right hand. Do you swear or affirm to tell the truth on this matter before the Commission? VICENTE: No right hands for me. CLARKSON: Please let the record show that Mr. Vicente's testimony is unsworn. Please proceed. VICENTE: Good morning. My name is Dwight Vicente. I'm representing the Hawaiian Kingdom. The Planning Commission, the State Land Use Commission, HUD, you look at the history going back to 1898 or even before, back to 1875. The U.S. did not have a valid treaty because King Kalakaua nor did the U.S. President sign the 1875 Reciprocity Treaty. In 1898, the U.S. citizens that were illegally here called themselves the Republic of Hawaii and ceded to illegally ceded to the United States 1,750,000 acres of Crown and Government lands that was to become the Territory of Hawaii. That was to become Hawaiian Homes in 1920, and in 1959 that became Hawaiian Homes Compact/State of Hawaii. So limits of the County, the State, the Federal is limited to the 1,750,000 acres. I believe this parcel here in Hilo is not a part of that illegally ceded Crown and government lands. And, the County's jurisdiction, just as with the State, is limited to the Hawaiian Homes Commission only. Same with the State Land Use Commission. So, this going beyond your limited jurisdiction—and even that jurisdiction is questionable because of the constitutional questions dating back to 1820, the 1875 Reciprocity Treaty, the illegal ceding of the Crown and Government lands in 1898, and the creation of the Territory of Hawaii, the Hawaiian Homes Commission Act, the creation of the Compact, Hawaiian Homes Compact/State of Hawaii. So, the County of Hawaii is not, has no jurisdiction outside of Hawaiian Homes Commission Act. So, there's a separate constitutional question. The other lands, the over two million acres still belong to the Hawaiian Kingdom. It was never ceded over and should not be usurp no power should be usurp over those lands. There's no amendment to the U.S. Constitution. There's no EXHIBIT A 2 amendment that adds any more lands to the 1898 illegal ceding of the Crown and Government lands. So, with that I'll end with the reservation of the rights of this Kingdom under the Queen's Protest of January 17, 1893, against U.S. Minister Stevens. It has yet to make its way to U.S. Supreme Court, Article III, Section 2, Clause 2. Original but limited jurisdiction. And, the other ones is the, going back to 1820. President Monroe without constitutional authority under Marbury vs. Madison, appointed John C. Jones as an agent for the U.S. Commerce and Seamen, and he sent over, he was under the missionary family and the U.S. Navy was under his control, and there's no constitutional authority for that to happen. So, you gotta look at all the constitutional violations. The U.S. Constitution is a limited document, 13 states, Article I, Section 2, Clause 3, U.S. Constitution. Article IV, Section 3, Clause 2 is limited to one territory, Northwest Ordinance, Article V, 1787. And, that was adopted in, to the U.S. Constitution in September 1787. So, when you look at the history and the law, there's no jurisdiction. There's two separate jurisdictional questions, the ceded land and the lands that was not ceded. And, here we're dealing with lands that I believe was never ceded, illegally ceded in 1898. Thank you. CLARKSON: Thank you. Are there any questions for this testifier from the Commission? If not, are there any other people? Thank you. Please be seated. Are there any other people wishing to testify on this matter? And, if not, I need a motion to close public testimony. DELA CRUZ: So moved. REPLOGLE: Second. CLARKSON: It's been moved and seconded. All those in favor? COMMISSIONERS: Aye. CLARKSON: Opposed? Motion carries. Public testimony is closed. A motion for action on this item? REPLOGLE: I move that the request to revoke Special Management Area Use Permit No. 07- 000026 be approved based on the Planning Director's recommendation which shall be adopted. IKEDA: Second. CLARKSON: It's been moved by Commissioner Replogle and seconded by Commissioner Ikeda. Would the staff please—or is there any further discussion on this matter? If not, will the staff poll the Commission? KAY: Yes, thank you, Mr. Chair. Commissioner Replogle? REPLOGLE: Aye. EXHIBIT A 3 KAY: Commissioner Ikeda? IKEDA: Aye. KAY: Commissioner Aguinaldo? AGUINALDO: Aye. KAY: Commissioner Dela Cruz? DELA CRUZ: Aye. KAY: Commissioner Raffipiy? RAFFIPIY: Aye. KAY: And Chair Clarkson. CLARKSON: Aye. KAY: Thank you, Mr. Chair. Motion carries six, zero. CLARKSON: The Applicant will be notified in writing. The discussion ended at 9:14 a.m. Respectfully submitted, Sarah Y. Hata-Finley, Secretary Windward Planning Commission EXHIBIT A 4