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HomeMy WebLinkAbout2020-10-15 Leeward Exh A (Public Testimony re SPP 20-000219) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT OCTOBER 15, 2020 Public testimony regarding the application of PUAKEA RANCH DBA KUPUNAKANE RANCH LLC (SPP 20-000219)was called to order at 9:42 a.m. via live-stream online meeting, with Chairperson Nancy Carr Smith presiding. COMMISSIONERS IN ATTENDANCE: Nancy Carr Smith, Barbara DeFranco, Perry Kealoha, Max Newberg, Mark Van Pernis, Michael Vitousek and Faith"Faye" Yates ALSO IN ATTENDANCE: J Yoshimoto, Esq. (Counsel for the Commission), Michael Yee (Planning Director), John Mukai, Esq. (Counsel for the Planning Director), Jeff Darrow (Planning Program Manager), Alex Roy (Planner), Jessica Andrews (Planner), Tracie-Lee Camero (Planner), Rachelle Ley (Secretary to the Planning Director), Kim Tanaka (Secretary to Boards and Commissions) and Noriko Sauer(Leeward Planning Commission Secretary) APPLICANT: PUAKEA RANCH DBA KUPUNAKANE RANCH LLC (SPP 20-000219) Application for a Special Permit to operate Puakea Ranch as a Guest Ranch on a 14.9-acre portion of a 32.411-acre parcel situated in the State Land Use Agricultural District. The subject property is located mauka of Akoni Pule Highway south of Haw! Town, Puakea, North Kohala, Hawaii, TMK: (3) 5-6-001: Portion of 082. Secretary's Note: "- - -" indicates that there were technical and/or internet difficulties, which made the conversation inaudible. CARR SMITH: Statements from the public. This is going to be a little bit challenging, but I will assume that everyone will please raise your right hand. All testifiers, please raise your right hand. Do you swear or affirm to tell the truth before this matter in front of the Leeward Planning Commission today? TESTIFIERS: Yes. CARR SMITH: Anybody not willing? Okay, thank you very much. Okay, so we are going to begin. I have a list and I am going down the list you folks will "- - -" your testimony for three (3) minutes as we stated before. Okay, can we start with Stephen Edel please. Looking for Stephen Edel. Stephen are you ready to testify or not? LEY: Hello, Stephen I think your microphone is muted. His on his phone. Stephen you might have to unmute to speak. CARR SMITH: Joshua Alt could you please turn off your microphone. 1 EXHIBIT A ALT: Sorry about that. EDEL: Oh yes, thank you very much. I actually planned to speak but I'm going to speak very shortly to keep things on schedule. First, I want to thank this Commission for allowing me to speak. I'm somewhat a little bit different I currently live in California amongst wildfires for the last four months, we had sixty (60) days of smoke. I purchased Lot Number 7 in Puakea Ranch in February and my goal is to retire there with my wife in the North Kohala Community within the next 18 months. I have one major concern and that is around water. My biggest concern is the Department of Water Supply (DWS) is formally committed to providing 3,600 gallons a day for all nine (9) lots in Puakea Ranch. DWS has communicated twice that they are now already over committing 6,000 gallons a day. Where the Puakea Guest Ranch averages between 60-70% of that 6,000 gallons today. So, in the Draft Environmental Assessment(DEA) the owners mentioned that they "may opt to satisfy some of the potable water demand by installing a well, and to supplement irrigation with additional catchment systems". But my concern is there is no actual mandate requirement or prerequisite to do that. So, I believe this really does have an impact on all the neighbors and the surrounding environments and that without mandating that additional proven water sources first be put into place. As a precondition to approving any building commencement this should be required. Also, since all 9 parcels have the right to their fair share of the County's water and since five (5) of those are still yet to be built on this would put further pressure on the very limited water supply. So, what I'm really asking is that the Commission insist on the installation and demonstration of sufficient water sources to support both today's over allotment of 6,000 which could get cut back to 3,600 as well as any additional water need for expansion. We have water wars here. I have a ranch. We fight about water every summer out of the creek that we share and I really would love to move to Hawaii and not face another round of water wars that we have for the last 6-7 years with the drought. Thank you very much. CARR SMITH: Thank you Stephen. Commissioners, anyone have a question for Stephen? Yes, hard to see everyone. Seeing none, thank you very much Stephen, thank you for dropping off the call and we appreciate your testimony. Paul Okner you are next. Hi, Paul. OKNER: Thank you. CARR SMITH: You're welcome. OKNER: Thank you everybody. I'm Paul Okner, I'm here on behalf of Lot 2 of the Puakea Ranch Subdivision which is the immediately adjacent neighboring parcel to the Applicant's lot. We are strongly opposed to the illegal activities that have been occurring on the Applicant's lot for over a decade and think it would be egregious misstep of this Commission to sanction this type of behavior. As stated in our written comments and echoing the comments of the multitude of other neighbors we have great concerns about noise 2 EXHIBIT A CARR SMITH: You're breaking up a little bit Paul. OKNER: I'm aware "- - -" conditional approval. Sorry. CARR SMITH: Could you close your camera and just speak because it seems like maybe your connection isn't— OKNER: Sure. CARR SMITH: —coming. Thank you. OKNER: I'm much more comfortable that way anyhow. CARR SMITH: Thank you. OKNER: I'm aware of Mr. Yee's recommendation that the permit be approved with conditions. But, the problem with granting a conditional approval is that this Applicant has demonstrated a long and consistent history of disregarding laws, regulations, norms as shown by the lack of multiple building permits for existing structures, actions and contraventions of the restrictive covenants governing this land and of course the accumulation of massive fines for illegal activities on the land. If the intent is to make some sort of conditional approval than it should be done the right way. Explain the perimeters. Let the applicant make the necessary changes and then reapply for a Special Permit based on assuring actual compliance with the stipulations. Otherwise, I think we could be confident that it will just be a creation of yet another hollow list of requirements that would be ignored into eternity. The Applicant makes much "- - -" historic preservation, community building and economic development and we "- - -" those objectives. The problem is these goals and outcomes are highly overstated in the application and indeed the application embodies the opposite of true community building. I think we should be clear about what this Special Permit application represents. Even in the face of ongoing opposition from neighbors and the community the Applicant has acted in blatant violation of existing laws and norms for over a decade. Racking up over a half a million dollars in fines along the way. Now, backed into a corner the Applicant is looking to this Leeward Planning Commission as a tool to help normalize and sanction this pattern of agility and to be used as a bargaining chip trying to avoid her true responsibility to the community. We believe the only reasonable course of action is for the Commission to refuse to be another pawn of this Applicant and reject this application. Thank you. CARR SMITH: Thank you very much Paul for your testimony. Commissioners anyone have questions for Paul? Alright, hearing none thank you very much Paul,please drop off the call, appreciate your testimony. Robert Watkins is next. LEY: I think Max has a question. 3 EXHIBIT A CARR SMITH: I'm sorry. NEWBERG: I apologize Nancy this is Commissioner Max Newberg. CARR SMITH: Okay, Max go ahead. NEWBERG: I just briefly LEY: Paul, are you still there? CARR SMITH: Is Paul still, yes, he is. Go ahead. OKNER: I am. NEWBERG: I just want to briefly ask either the testifier Paul or perhaps if we are aware and can substantiate the fines that have been allotted to of$500,000.00? Is that. OKNER: Sure, that's all contained as an attachment to, aw let's see. In my written NEWBERG: "- - -" connections fines of"- - -" OKNER: Yes, that's all contained in a lawsuit from the County and I referenced it in a footnote in my written testimony so you can find it there. I believe some of the other neighbors have included some of the pleadings in their written testimony as well. NEWBERG: Thank you, I appreciate the answer Paul. OKNER: Sure. CARR SMITH: Thank you very much. Alright,we are going to move onto Robert Watkins. WATKINS: Hello. Madam Chair. CARR SMITH: There you are. WATKINS: I am Robert Watkins, do you have me Madam Chair? CARR SMITH: Yes, I can hear you, it's pretty faint. Could you try to speak up as much as you are able to. Thank you very much. WATKINS: I will. CARR SMITH: Thank you. WATKINS: Madame Chair and other Commissioners, I am Robert Watkins together with my wife Jean Sunderland and my two children. We operate Hawaii Island Retreat, a sixteen (16) 4 EXHIBIT A room Eco Hotel here in North Kohala. On August 2, 2001, after an appearance before the Planning Commission we were granted a Special Permit to operate Hawaii Island Retreat. We had gone through a lengthy permitting process in a prescribed legal manner. We were required to abide by stated components of our project in terms of the number of guest rooms, the square footage of the buildings themselves, the requirements of a licensed contractor, plan check and approval and an installation of a septic system not merely a bunch of separate cesspools. Any deviation from those stated in the original Special Permit needed to be approved by the Planning Commission. Prior to approval input was sought from the public, as well as multiple government agencies including the Department of Health, the Department of Public Works, the Department of Water Supply, the County Fire Department, the Department of Land and Natural Resources, the Office of Planning, the Land Use Commission, the Long Range Planning Division, the Department of Environmental Management, the Department of Health, the State Department of Transportation, and the State Highway Department. Input and requirements from these various agencies ensured that our project would be in alignment with County standards and community expectations. Contrasts are legal regulated and controlled process that I just described to that presented by the Applicant here today. The Applicant is attempting to receive retroactive absolution for all illegal and unregulated activities over the past decade and a half. Sweeping that dirt under the proverbial rug with one stroke of your pen. I ask the Commission is this a process that we are operating under here in Hawaii Island. Do absolutely what you want, operate without rules or boundaries for eighteen (18)years. Continue to take in monies, ignore cease and desist court orders, deny County inspectors access for over ten(10) years continuingly and repeatedly bombarding your neighbors with drunken revelry at all hours of the night well past midnight. That was recorded by the neighbors at decibels over a hundred and ten, run up fines of over half a million dollars as which was just stated. Finally, to be taxed at and pay only a pittance for your Agricultural zoning. CARR SMITH: Thank you very much, your time is up. WATKINS: Thank you. CARR SMITH: Appreciate your testimony. Commissioners, any questions? Please speak if, let me know if you're trying to reach me because I can't see everybody. Okay, thank you very much Mr. Watkins appreciate you and your wife's testimony. Okay, I'd like to go to Christine Richardson next. Thank you, Christine. RICHARDSON: Hi there, Cathy Morgan is going to testify for both of us. CARR SMITH: Okay. Very good. MORGAN: Good morning everybody, I am a neighbor of Christie's. I have watched her do incredible improvements and historical information gathering on this amazing piece of property. A number of my families has spent time up there, I've been up there too. I do respect the concerns of the neighbors who are closer to her than I am. I am up the road about another mile 5 EXHIBIT A and a half. However, I'm deeply concerned about what's going on to our businesses here in Kohala. I am very concerned that we are going to lose a number of businesses which we already have due to the pandemic and low visitor count. However, I feel that Christie has tremendous integrity in her work. I understand this permit problem and the fines and all that kind of stuff but moving forward I would like to see her be able to not only run her hospitality organization but to be able to host in a regulated way a number of community events a year. We are losing spaces to be able to do this through pandemic outdoor beautiful places where people can gather. I also support her long term work the 4-H Riding Program. I would love to see neighbors up in our area start opening fences so we all could ride around up there in that beautiful lands of North Kohala. But if we start to close down these businesses that people have put in 15 to 20 years of investment time and community building. Then where are we going to be, and I can barely look at our town as I drive down and see so many empty spaces. So, I do understand the neighbors concern, I support them, but I feel as neighbors we can work together. I know Christie has that inclination. I'd like to support her on that and so, I would put my vote towards allowing her to have this Special Use Permit with regulations. Like four(4) community events a year and the rest of it be under one to two hundred or whatever the deal is. Thank you very much for your time. CARR SMITH: Thank you. Commissioners, any questions? Okay, thank you very much. MORGAN: Thank you. CARR SMITH: You can drop off the call now if you will please. Thank you. Alright, I'd like to go to Robert Morrison? If I could please. Robert Morrison. There you are good morning. Could you unmute yourself please, there we go? MORRISON: Are you able to hear me? CARR SMITH: Yes, go ahead. MORRISON: Thank you. Good morning, I want to thank the Commissioners for your service to the County of Hawaii. I am Robert Morrison and I live on one of the nine (9) lots at the Puakea Ranch Subdivision. My wife and I have lived here full-time residents and voters since 2006. Since 2006, written comments were submitted to summarize the reality of living next to Puakea Ranch for fourteen (14) years. My concerns are identical to other lot owners regarding the availability of water at her property, noise and light pollution and the degradation of our daily life. "- - -"purchased this property, built a home because it was Ag and not a Resort district. I ask the Commission to deny this application. In November of 2008 the first documented complaint was filed 2008. For the next decade numerous letters and complaints were submitted to State and County agencies none of which were in the Commission's file. First note the violation was issued in 2009 followed by many more including the Department of Public Works 2020 which again indicated the same violations 6 EXHIBIT A as identified in the 2009 Notice of Violation. Since 2017, cease and desist orders and four(4) daily fines letters had been signed by Michael Yee. You are being asked to review this permit out of sequence due to the "- - -"County zoning and building laws, a pending lawsuit and with the absence of community vetting with Michael Yee's recommendations by the North Kohala Community Development Plan Action Committee. There is a reason why the Commission follows proper procedures when reviewing these applications. This application clearly violates these procedures. Main thing I want"- - -"denial of this permit a very dangerous precedence to the County and the State of Hawaii. When we built our home, we needed a licensed contractor, and building permits electrical, plumbing, grading, septic and permits to the County of Hawaii Fire Code. Followed by County inspectors to verify the work was to code and safe to occupy. In contrary, Puakea Ranch has built, has no building permits for five (5)rental units, three (3) swimming pools, a wedding pavilion, a trailer rental and other structures that is not in compliance with the County of Hawaii Fire Code or the Department of Health wastewater discharge requirements. The County requires residents and businesses in North Kohala to follow zoning and building laws while Puakea Ranch is not required. Why is "- - -" standard allowed for one off-shore owners and one for the rest of us. The Commission needs to send a strong message that residents and off-shore business owners in Hawaii will be treated equally. I, therefore, respectfully ask the Commission to reject this application. Thank you. CARR SMITH: Thank you very much Robert. Commissioners are there any questions for Mr. Morrison? Seeing none, thank you very much, I'm sorry. YATES: Nancy? CARR SMITH: Yes, oh Hi. Faye go ahead. YATES: I just have a really quick question. I'm just a little bit confused of the location. All of the people who are saying that they you know they are lot number one or number seven et cetera, et cetera. Is this all on the mountain side of the highway, all of these parcels. For all of the testifiers? I just wanted to kind of get a, you know in my mind what area they are talking of because there is also Puakea Bay Estates. I'm thinking that's separate from these others that the people are testifying on. CARR SMITH: That's correct Faye. I think we will probably see a map in the County's presentation. YATES: Okay. CARR SMITH: So, maybe, are you okay with waiting until. YATES: Yes. 7 EXHIBIT A CARR SMITH: Okay. YATES: Thank you. CARR SMITH: Thank you very much. Any other Commissioners? Alright, thank you Mr. Morrison you can drop off the call now, appreciate it. Okay, Michael Huntley. Michael Huntley. HUNTLEY: I am here, there I am. CARR SMITH: There you go. Hello, thank you very much. M. HUNTLEY: Hi, thank you. CARR SMITH: You may proceed. M. HUNTLEY: My name is Michael Huntley. I am one of the owners of Lot 9 of the same community that the Applicant is requesting a Special Permit and adamantly oppose to the Special Permit. I did submit my written arguments for review. The guest ranch hotel and yes it does fit the definition of a hotel. Wedding and parry venue have been operating as you know for over twelve (12) years without permits. As previously stated over a half a million in fines for unpermitted structures and activities. The community is quiet and peaceful agricultural and residential not parrying hosting up to six hundred (600) guests generating non-agricultural noise day and night. The permit does not fit North Kohala and is universally not wanted by most of the neighbors. In addition, that Special Permit not fitting the community it can't be granted cause in over 12 years she has done almost nothing to obtain proper permits for her numerous buildings, pools, septic system, fire, noise traffic, water to accommodate 350 guests or more. As previously noted, the water is not there. The Water Department already notified her she is in violation as she is only allocated 400 gallons a day for a single-family home not the proposed 5,600 gallons per day. That's not acceptable, she mentions Kohala Ditch and catchment water. Kohala Ditch is non- existent it's non-potable and the same with catchment that area only receives ten (10) inches of rainfall a year. For that little building she's catching rainfall off of it amounts to almost nothing. As far as digging a well again you got get permits for it, there is going to be salinity issues or could be reverse osmosis issues. One of the neighbors quite a few years ago dug a well and it cost almost half a million dollars. Imagine in today's terms that would be $700,000 to a $1 million. I don't see her doing it and if she was going to do it, she would have done it in the last 12 years. So, the precedence has not been set. Music. She's played the maximum volume as noted by her DJ in emails way past midnight till one o'clock. On numerous occasions with pick decibels readings of a hundred (100) or higher measured half a mile away. Maximum permissible for ag noise is 70 at the source not at half a mile away. So, that's a totally disregard of her neighbors. 8 EXHIBIT A Parking for two hundred fifty (250)people, drunken behavior, noise complaints on a daily basis was severely taxed the local police. If you grant this Special Permit and the precedence will be set to developers to come to Haw!, take advantage of the locals and the County, operate illegally, don't worry about water or environmental concerns, ignore ceased and desist orders, disrupt your neighbors, don't pay fines and you'll get a permit. Thank you. CARR SMITH: Sorry, your time is up. Commissioners do you have any questions? Is Sandy testifying with you as well? M. HUNTLEY: Yes. CARR SMITH: Okay, Sandy go ahead. S. HUNTLEY: Okay, sorry I'm probably repeating everything that everyone already had said. But so— CARR SMITH: If it's something new that would be great. S. HUNTLEY: Say again? CARR SMITH: If you have something new to share that would be good. We try not to be too repetitive. But sometimes we can't help it, go ahead. S. HUNTLEY: Alright, so we are Lot 9 in Puakea Ranch which makes me unfortunately a neighbor to the Applicant. When we were looking for properties on the Big Island for our retirement home, we considered many areas but fell in love with North Kohala. It's a beautiful laid-back country atmosphere, away from the crowds and commercialism. A place where you can sit outside and enjoy the peace and quiet and see the Milky Way at night. This was our retirement dream, and the Applicant has spent the last decade ruining it. Logically and factually you have no choice but to deny this Special Permit. The Water Department as you know. Christie Cash is using fourteen (14)times her allotted gallons. Where is the water going? She only has one (1)permitted cesspool. She has blatantly and willingly operated an illegal hotel business for the last decade. Ignoring all cease and desists orders from your department. She's constructed unpermitted buildings,pools, and hot tubs clearly ignoring the building and zoning codes. She's using an obscene amount of water and knowingly discharged raw sewage into the environment. Her actions clearly demonstrate she has no respect for rules or authority. Her commercial activities are in direct opposition to a NKCDP strategy which focuses growth toward already developed areas like Hawl. It is your responsibility to uphold and enforce building and zoning codes of this district. If you grant this Special Permit you are opening a can of worms for future development and non-compliance. I strongly urge you to make an example of Christie Cash and deny this permit. The outcome of these proceedings will determine whether we build on our lot because we no desire to live in a commercial, noise and light polluting wedding venue. 9 EXHIBIT A This is an agricultural residential area not a parry zone. Thank you. CARR SMITH: Thank you very much Sandy. Commissioners, any questions? Seeing none. Thank you and Michael for your testimony you folks can drop off the call now. Thank you very much. Okay, Toni Withington. WITHINGTON: Good morning Commissioners. My name is Toni Withington. I am a resident of Kohala for 50 years. I have a longtime background in Hawaii planning and land use matters. I've been aware of Puakea Ranch following the activities as a member of the Growth Management Group of the North Kohala Community Development Plan. I admire Christie Cash for her passion and her dedication to the ranch and to its history and to her many, well-appreciated contributions to community organizations. My testimony is not about her, it's about the Planning Department and how they've handled this conflict. It has been almost a dozen years since Planning had first cited the ranch for violations and it is been unable to get them to cease and desist or to fix their permits. What I don't understand is why the Planning Department is operating as an advocate rather than an enforcer. In my written testimony I have said that there are many things in the files for Puakea Ranch that are not in the background and recommendation. I had shared some of them with you in my testimony. The two things that are most important to the permitting part is the first is a letter of Notification of Violations that was sent in 2009. In it the Department said she has no permit to do for what she does, and she has no building permits. Basically, the owners of Puakea Bay Ranch, Puakea Ranch bought thirty-two (32) acres of raw land, agricultural land in 2006 and build a hotel on it. They did not get permits to operate the hotel or get permits for construction. The land remained taxed as raw land for six years while they operated the hotel. The other piece of material from the Planning Department files is a letter that was from the Department of Public Works that was sent just in July and in it they cited all the buildings that do not have permits. They also cited thirteen (13) structures which is more that was cited in 2009. The difference between these two are almost identical and they expand eleven (11) years. The County has codes and regulations that are designed to ensure development is safe and comfortable with minimum negative impacts on the environment, the neighborhood, and our cultural treasures. To approve this out of sequence request will further condone the developers with disregard for these regulations. I urge you to deny the request, tell the Planning Department to follow the rules of the County which you represent. CARR SMITH: Thank you very much. WITHINGTON: "- - -" not sure whether proper development. Thank you. CARR SMITH: Thank you very much. Commissioners, do you have any questions for Toni? Very good, thank you Toni appreciate your testimony you can drop off the call now. WITHINGTON: Thank you. 10 EXHIBIT A CARR SMITH: Alright, like to move down continuing with agenda item 41 Rebecca Keliihoomalu. You're next. KELIIHOOMALU: Thank you Madame Chair. Hi, thank you. CARR SMITH: Go ahead. KELIIHOOMALU: Okay, I'm testifying on behalf of Christie Cash. I am a longtime friend, and I was her real estate broker when she purchased Puakea Ranch. Christie came here looked at lots at different places, fell in love with Puakea Ranch. While working with the real estate broker who represented the owner at that time, the owner was Roger Meeker, the broker was Jack Larson. We proceeded to purchase this land with full knowledge by Jack Larson who also represented Mark Torrance that of what Christie's plans were to do with this property. People speak of permits, but we are talking about properties that were barely on the County's tax records at the time and they were considered in those days "grandfathered in". There are no permits for these buildings because in those days there were no permits. Christie has worked diligently and tirelessly trying to navigate through all of the demands, the murky waters of the County's regulations tirelessly. These are the things her neighbors don't seem to know about and want to focus completely on rather untrue allegations towards her. She did not move here and leave a very successful career in L.A. to be a criminal which that's how they taint her. She is a very respected member of the community and, also does tremendous amount of community service. Within reason I believe that Christie should be granted her Special Use Permit simply because she has been doing it all these years and trying to satisfy not only her neighbors but the County's requirements. She has worked tirelessly in doing so and she has saved a very historic and beautiful piece of property from being destroyed basically because it was in total abandonment condition when she bought it. There were even animals living in these structures and she has since turned them into most charming, comfortable, and beautiful buildings. There should be some consideration for her dedication in saving this beautiful place. Thank you. CARR SMITH: Thank you Rebecca. Commissioners, do you have any questions for Rebecca? Seeing none, thank you very much for your testimony you can drop off the call now. Thank you. Um' Christopher Shultz. Christopher Shultz, are we here? Okay, moving on to Diane O'Toole. Diane O'Toole? O'TOOLE: Hi, there. CARR SMITH: Hi. O'TOOLE: Okay, so, my name is Diane O'Toole I've lived on the Big Island for twenty-five (25) years and I've known Christie since about 2007. Our children of the same age and they went to school together. As soon as Christie moved to the Big Island, she got involved with numerous fund-raising events she joined the Ohana Board which was a 501(c)(3) at the time of 11 EXHIBIT A our school. Our largest fund-raiser Christie not only donated a ton of time as the Chair of the silent auction but then started donating the ranch to our school and also numerous other schools in our community. Christie has worked tirelessly to promote the historic feature of Puakea Ranch. She has not only donated time to schools for Grad Nights, Start of School Picnics and also donated to the Kohala Community for different fund-raisers there without charging any money for. One time I invited her for Thanksgiving, and she couldn't come cause she was hosting the Kohala Seniors for the event. She promotes the culture of Hawaii to all her guests, she is just always donating her time and works diligently to do so. Also, since I've known Christie the buildings on Puakea Ranch have always been there and she has just worked tirelessly to preserve them and as Rebecca said they are just adorable, and they are not new structures. They were built many years before we had permits in Hawaii. So, there is just no permits. Thank you for your time. CARR SMITH: Thank you Diane. Commissioners, any questions for Diane? Seeing none, thank you very much Diane you can drop off the call. Next up is Chris Helmuth. Chris? Hi, Chris. No, I don't, I can't hear you. Now, I don't see you. Chris where did you go. HELMUTH: Commissioner? CARR SMITH: Yes. HELMUTH: Can you see me? CARR SMITH: Well, I did, I can't see you now, but I can hear you. So, that's fine. It's showing that maybe your connection is a little bit weak. HELMUTH: Okay. CARR SMITH: If you can just speak up clearly, you're a little bit faint. But thank you Chris, go ahead and start your testimony. There you are. HELMUTH: Yes, thank you. I own commercial and real estate property in Haw! and Kapa`au. I am the owner of Kohala Pacific Realty, real estate brokerage in Haw!that's been in business for over thirty-five (35)years. My family owns property at Puakea a street from the subject. Both Paul and Stephen, Lots 2 and Lots 7 respectfully, spoke of their ambition in Puakea. My family owns Lot 34 directly across the street and has absolutely no concerns about water, about noise, about the operation of Christie Cash's Puakea Ranch. The noise that I've heard from that ranch over the years has been from fabulous non-profit gatherings supporting local community projects benefiting all of our community in North Kohala. The noise I heard was the music of Kapena. It was the music of John Cruz. Some of the things that I've heard said today are coming from people I've never met in North Kohala. I'm on the sidewalk day in and day out and for those who live close to the subject who know North Kohala they understand the `aina, these buildings, their historic character and how they fit, sustain and support North Kohala. What Christie's done with these old buildings is 12 EXHIBIT A beautiful and is consistent with a business that I think should stay in North Kohala. I strongly support approval of what she is doing there, and I would encourage the County to work with her to make it safer. She is our customer as a citizen, a community, as a government she's our customer. Let's together as a community support the beautiful effort she has made. Thank you. CARR SMITH: Thank you Chris. Any questions for Mr. Helmuth? Seeing none thank you Chris appreciate you staying on . HELMUTH: Thank you for the time. CARR SMITH: You can drop off the call now. Thank you. Alright, moving on to Lisa Ebrahimi. Okay, Lisa. EBRAHIML Hi. CARR SMITH: Go ahead. EBRAHIML Just very quickly I have to say that there was some testimony that I have to completely disagree with and that was completely over exaggerated one from Robert Watkins and the other from Paul and another homeowner. There have never been 600 people at Puakea Ranch. I know this for a fact. I've known Christie and her ranch since she moved here. I thank the Planning Department for recommending the Special Use Permit. I've lived in North Kohala for twenty-nine (29) years. I was the President of the North Kohala Merchant's Association. I headed the Kohala Country Fair and I own and run As Haw! Turns. Puakea Ranch has played a large part in keeping my business and other small businesses in Haw! and Kapa`au viable. Puakea Ranch has the smallest amount of environmental impact with the biggest amount of economic stimulus to our community. Back in 2019, a family of six (6)people came and stayed one(1) week at Puakea Ranch. In that 1 week, they shopped at my store twice. They ate at the Bamboo Restaurant three (3)times. They ate at Mi Ranchito, they shopped at Elements, they got gas at the Minit Stop, they went zip lining, they ate ice cream at Kohala Coffee Mill and coffee at the Nambu Cafe. You compare that to one family who stays at the Orchid Hotel in one week, we may get them one time in our community and they may come up for lunch and ask to use the bathroom. We need businesses like Puakea Ranch. In order for our Main Street to stay sustainable we need businesses that funnels small amounts of people to our community. Christie employs eight(8)people. I employ 8 people so on and so on and so on. For those, all of you who are in opposition who don't even live on the island and who are within five hundred(500) feet of Puakea Ranch I say this to you. We all cannot be independently wealthy retirees from the Mainland. I'm sorry we need to have jobs for our young local people in our town in order to continue to be a sustainable community. Thank you very much. 13 EXHIBIT A CARR SMITH: Thank you Lisa appreciate it. Any questions for Lisa, Commissioners? Seeing none, thank you very much, thank you for also dropping off the call so that we can lessen the number of windows in front of us. Same for you Mr. Helmuth if you don't mind ending the call you can watch the meeting on the YouTube URL that was provided. Thank you both. Okay, moving on to Joan Channon. Joan Channon. CHANNON: I'm here, am I online. CARR SMITH: Yeah, there you are. Okay, go ahead Joan. Thank you very much. CHANNON: Thank you. I just want to clarify for the Commissioners since I asked about the logistics of this before you see a map. Most everyone that is testifying against this permit lives in a private gated community across the highway. So, they are pretty separate and distinct. I came here in 1986 and I did what Christie did. I bought a hundred(100)year old building in downtown Haw!. It's now Bamboo Restaurant and I had the same issue. There were no permits. So, when these people who don't live on the island but live in a fancy retirement community say there were no permits. These are old structures. The same as I dealt with and everything was grandfathered in. So, I have a restaurant that's been operating almost thirty (30)years in town and I have twenty- five (25) employees. Who are now out of work and I don't really want to speak so much for myself or my retirement or being able to look at the stars in a beautiful place. I want to speak for the people of Kohala. We need jobs and Christie has never done anything but support and hire people in this community and do great events for the community. It's all been non-profit; it's been beautiful bringing events and bringing people in who support the community. Like Lisa said they eat in my restaurant that is what enables me to keep 25 people in town. So, on the behalf of the people of Kohala we support this permit. We need the permit. We need the agriculture that she is going to bring. I will buy the produce for the restaurant and I will employ people. The people that stay overnight will come and eat in the restaurant. The whole notion of doing farm to table is perfect and we can participate that. Arts and crafts market. There are a lot of artists right now because my restaurant and gallery are closed. Who are on unemployment so, I would urge you to allow this Special Permit for someone who is only giving great things to the community. Thank you very much. CARR SMITH: Thank you Joan, appreciate your testimony. Commissioners, any questions, Barbara go ahead. DEFRANCO: Hi Joan, thank you for making it clear about the logistics of Puakea Ranch and Puakea Bay. Because that was a little confusing for me too. I thank you for that. CHANNON: Your welcome. They're two very separate. DEFRANCO: Yeah. 14 EXHIBIT A CARR SMITH: Thank you Barbara and thank you Joan appreciate your testimony you can drop off the call now. Thank you. Next is Delphina Dorrance. Delphina Dorrance. DEFRANCO: She wrote a chat and said she was going to another meeting. I don't know, I thought I saw that. CARR SMITH: Okay. Alright, we'll see if she comes back. Alexandra Star? Are you with us? Yes, Alexandra. You can go ahead with your testimony. STAR: Thank you very much. I am the owner of Lot Number 4, which is immediately adjacent to Christie Cash's property and I a share property line with her. I understand there have been complaints in the past regarding noise levels. Which I know that Christie has subsequently addressed and corrected. I purchased my property in October 2018 exactly two (2)years ago and during that time that I've lived here I have experienced no noise or excessive disturbance on my property coming from Christie Cash. I'm situated downwind from Mrs. Cash's property so if there were any noise it would be noticeable. Because I'm retired my partner and I spend almost all of time on our property we are here almost a hundred percent of the time, We hear some noise from the `Akoni Pule Highway from vehicles travelling back and forth. Although, most of that sound is generally muffles by the passage of the trade winds that blows from north to south in this part of Kohala. On completely windless days I do hear road traffic. So,just to reiterate as Christie's immediate neighbor I have never been disturbed by sound or other activities coming from weddings or parties that may have been held on her property. Christie has a beautiful property, and she keeps it immaculate and inviting to all her guests. She's deeply involved in the history of the property which gives visitors a glimpse of Kohala's interesting past. Thank you so much. CARR SMITH: Thank you very much Alexandra. Any questions from Commissioners? Very good. Thank you, Alexandra, you can drop off the call now thank you. Alright, Leianna and let's see. Leianna was with someone else I believe. LEY: Madame Chair, this is Rachelle. She may be joining in any minute. Oh, she is on. Okay. CARR SMITH: Okay. Bryan and Leianna. Hi, there. B. EADS: Hi, can you hear us okay? CARR SMITH: Yes, is this one testimony you have? L. EADS: Two if we are able? CARR SMITH: I don't see Bryan on my list. B. EADS: Just make it one testimony. 15 EXHIBIT A CARR SMITH: Yes, Leianna you can go ahead with your testimony. Thank you. L. EADS: Sure, thank you. Thank you for having us. So, I've known Christie for, since I was about twelve or thirteen years old. So, I've known her for a very very long time and since she's been to the Big Island and since she's moved here. The ranch has been her pride and joy and mines as well. It's been a place that has accepted so many amazing people and has been a place for the community to also gather and to learn and to share a lot what Christie has been able to portray for the Hawaiian culture and for sustainability. Health and wellness as well. I'm completely 100% supporting her getting this Special Use permit to be able to still provide this beautiful heaven for visitors who travels to stay sustainably and to be able to come to the island and have a place to visit while they can see their seafood growing and go and pick from the garden. Learn a lot more about Hawaiian culture and sustainable travel, health, and wellness, also something that I wanted to see her be able to offer there are wellness retreats. Not just for the community but for visitors as well to be able to host yoga classes, workshops and wellness activities that are helpful for all people, all ages, and especially during this time where we don't have many areas on this island or areas to travel to where we can have a space for people to learn, to educate themselves and to have a yoga class and to have a meditation class and things like that. The ranch is such a beautiful place to offer these things and for people to experience a different type of not just travel but even for the community to have a place for them to come and learn more about gardening, about sustainable farming, sustainable living and Hawaiian culture. CARR SMITH: Thank you Leianna. Commissioners do you have questions for Leianna? Very good, thank you so much for your testimony appreciate you folks being patient till we got to you. Thank you, you can drop off the call now appreciate it. Alright, we are moving on to Susan Ince? INCE: Hi. CARR SMITH: Hi, Susan. INCE: Hi, I'm testifying this morning on behalf of myself and Andrea Longpre. We have been residents of Kapa`au for over(twenty) 20 years and we enthusiastically support the granting of this Special Use permit. Over the years we've worked in various jewelry, gift and bookshops in the area and the visitors at Puakea Ranch welcome boost to the retail economy here. Visitors are encouraged by the owner to patronize our local restaurants, shops, and also local individual service providers. Such as massage therapists, personal chefs, horseback-riding instructors, and teachers of Hawaiian arts and crafts. As others has said Puakea Ranch has been a strong supporter of community projects in her personal capacity. Cash holding fund-raisers for Kohala Hospital and the North Kohala Community Resource Center, among others. Instead of building a Mc Mansion and restricting the use of that beautiful property to her family and herself she's endeavored to open the property to the community while maintaining its 16 EXHIBIT A historic character and agricultural focus. The ranch is home to many animals, they have a prolific organic garden that we go and can pick up produce packages or if we want to go and help with the harvesting. If this Special Use Permit is granted it will provide a venue for local families to celebrate weddings and other family occasions. This would be a particular benefit now when the Kohala Hub has been destroyed by fire, Sushi Rock is closed permanently, and the Bamboo Restaurant remains on indefinite hiatus. So, Andrea and I hope that the Planning Department will help clear a path for the future success of this important community business and resource. Thank you. CARR SMITH: Thank you. Appreciate your testimony. Commissioners, any questions? Very good, thank you Susan you folks can drop off the call. INCE: If it's alright I'm going to stay on so that Lise Pagaard can use my connection for her testimony whenever that comes up. CARR SMITH: That's fine. Can I ask Bryan and Leianna and Alexandra Star I think we heard from you, didn't we? Yes, if you folks could drop off the call please, we really appreciate it. So that we don't have pages and pages of boxes of people. Thank you. Alright, Josh Alt? Is next on my testifiers list. ALT: Aloha. CARR SMITH: Aloha, go ahead with your testimony. ALT: Aloha. My name is Joshua Alt, I am the current residing manager of Puakea Ranch. I've worked for the ranch since 2012. I have lived in the tree house for eight(8)years and been caring for the homes, the animals, the livestock, the land, and the guests. I read the opposition letters from Mr. Morrison and Mr. Torrance's attorney. The information in this letter are grossly exaggerated if not blatant lies. Because I live here twenty-four seven (24/7) I will testify under oath that Mr. Okner's letter suggesting that the Parker School Camp Out on August 28, 2019 disrupted livestock on Mr. Torrance's lot is false. One mule and one horse on his property did not seem at all disturbed by the slip and slide and the hide and seek games going on by the children chaperone by the teacher as Mr. Okner suggested. Additionally, Mr. Morrison has testified and told other absent lot owners that we have six hundred (600)people here and concerts. In my 8 years of living and working here neither of those claims are remotely true. The largest gather we hosted was for the North Kohala Community Resource Center. A charitable event that Christie donated multiple years and maybe we had half that many people. Maybe. I would also like to add that Mr. Morrison and Mr. Torrance are suggesting that the gatherings hosted at Puakea Ranch creates such a noise and drunken disorderly behavior and fire hazard. Yes, in my 8 years we never received a citation or a warning from the Fire Department or the Police Department. In closing, I would like to thank the Planning Department and Commissioners for their time and efforts in approving this Special Use permit. Through this process I have learned that the County 17 EXHIBIT A is a complaint-based system and I now watched Mr. Morrison and Mark Torrance abuses this system. I've watched drones being flying over my property at night, gates purposely being left opened for torches caretakers to endanger my animals, flashlights going up and down my property. Mr. Torrance stalks our social media, has contacted our guests and has dropped anonymous packages off at that very resource center. In an effort to discredit Christie who has done quite a bit for this community in my humble opinion. For all the annual school campouts, safe grad nights, she has allowed senior club luncheons, she hosts overnight stays, she donates to the hospitals, schools, etcetera. What I have witnessed from the men in the lots adjacent is boy, ego, and harassment. It has nothing to do with what is best for this land and I trust the Commissioners will do what is right to protect, preserve this amazing place I would like to continue to calling home. Thank you. CARR SMITH: Thank you Josh, appreciate your testimony. Commissioners, any questions for Mr. Alt? Seeing none, thank you very much. ALT: Mahalo. CARR SMITH: Elizabeth Bove, you're next. Hi Elizabeth. Are you there? Go ahead Elizabeth, I don't hear you. Yes, I see you now. Can you speak a bit, it seems as though you might have to try turning off your video and see if we can hear you better that way most important that we hear you. Not very well, it's broken up. Are you on a computer or a phone? Computer. I'm sorry. Elizabeth maybe you can see if you have a better spot wherever you are if there is a spot that have a better connection, in the mean while I'll go to another testifier and come back to you right after. Thank you. Okay, Lise Pagaard. Lise? PAGAARD: Yes, can you hear me? CARR SMITH: Yes, I'm looking for you. Sorry,that's right you're at Susan's place. Okay, go ahead. PAGARRD: Thank you. Okay, aloha everybody. I am a single mom who has two (2) kids, I live in Haw!, I've been employed at Puakea Ranch in a part-time position since 2010 and I've been working there in the capacity of growing, taking care of the organic garden and dealing with landscaping around the cottages and just general jobs that needed to be done at the ranch. It's very dear to my heart, I love coming to work. Let's see, I'm speaking briefly to you today to ask you to grant a Special Use permit to Puakea Ranch. I share Christie Cash's passion and her vision for the ranch and its future as a successful guest ranch, workplace, and gathering place for many. I'm speaking to allowing us to move forward with this to evolve the ag business at the ranch to include the Special Use permit. This will allow for more jobs and also job security for people like myself. Our island is being squeezed so hard right now, business is at a loss and may never return. Haw! is a ghost town and people are unsure. We need places like Puakea Ranch to exist up here in Kohala. We need them to advertise and to draw people and money to our community and the end of the road. Families and 18 EXHIBIT A folk need to come and enjoy everything that Kohala, its people and in my case Puakea Ranch has to offer. In closing, we are many looking forward to getting back to work and back to thriving. Thank you. CARR SMITH: Thank you Lise. Commissioner Newberg, you have a question? PAGAARD: Hi. CARR SMITH: Could you unmute yourself, please Max. NEWBERG: Hi, yes. Thank you, Nancy. Just wanted to clarify with that testimony from Elizabeth Bove. PAGAARD: I'm so sorry this is Lise Pagaard. CARR SMITH: Lise Pagaard. NEWBERG: Okay. Just wanted to clarify, thank you. PAGAARD: I'm sorry, I should had introduced myself. Hi. CARR SMITH: Anyone else? Very good, thank you Lise you folks can drop off the call now, thank you. Alright, Carl Neusel you're up next. Oh, sorry Elizabeth I'll get to you next. Sorry. NEUSEL: Good morning. CARR SMITH: Go ahead Carl. NEUSEL: My name is Carl Neusel and my wife, and I are full-time residents of beautiful Kapa`au in North Kohala. My wife Ellen has boarded her horse for about a year at Puakea Ranch. As horses require a great deal of care, I visited the ranch to help my wife two to three times a week. My wife is at the ranch twice a day every day. I urge you to approve the Use permit for Puakea Ranch. I understand the hard work and challenges you as a Commissioner are faced with especially in midst of a pandemic that has our County's economy reeling. As a Commission, you have the great authority to weigh matters that come before you to determine if they fulfill the letter of the law and also very importantly as well as the spirit of the law if a proposed use of land is the best use of their land. I believe what Christie Cash is proposing for Puakea Ranch would be the best use of her land. Her guests would have the opportunity to experience the history and rich legacy of a North Kohala ranch once dilapidated but brought back to life through Christie's hard work and vision. Guests would have the opportunity to harvest a garden and observe the frolicking of horses, goats, sheep, and other livestock, all while enjoying the old, rugged homes once lived in by generations of our Paniolos. 19 EXHIBIT A I firmly believe that visitors to our island leave with a truer understanding of the Hawaiian Paniolo experience after staying at Puakea Ranch. As realistic it is to expect we will return to the days of the sugar cane industry, I believe it is unrealistic that anyone could think a cattle ranch or a farm could be self-sustaining on Puakea Ranch and generate enough income to properly care for those old homes and the land itself. According to historical record, generations ago cattle ranching, sugarcane and even pineapples were cultivated on the ranch itself or on the adjacent acreage all with short lived success or none at all. The County relies on tourism. It takes a great deal of income to pay employees and maintain property, and I believe Christie's desire to hold events on her property would allow her to maintain Puakea Ranch in a manner that would make the North Kohala community and those who dwelt there in the past proud. I believe Christie's vision for Puakea Ranch is the highest and best use of that land. Even though my wife and I are retired who designated North Kohala as a retirement community. If you dig through the history books a little, you'll see North Kohala is anything but, I'm concern that the few that are opposed are ignoring more and different to the employment needs of the local communities like Haw! and Kapa`au. I urge you to grant whole Christie Cash's application for a Use permit for Puakea Ranch. Thank you. CARR SMITH: Thank you Carl, any questions from the Commissioners? Seeing none, thank you very much, appreciate your testimony you can drop off the call please. Elizabeth Bove how are you doing? Elizabeth? BOVE: Can you hear me now? CARR SMITH: Yes, that's sounds better. Go ahead, thank you. BOVE: Wonderful. My name is Elizabeth Bove and I've been "- - -"permit because it will provide more jobs to locals in the "- - -" especially now as to how many business "- - -" list CARR SMITH: You're breaking up and you might. Go ahead Elizabeth if you can try to wrap up. BOVE: Sure. CARR SMITH: You're in and out I was going to just let it go but your more out than in at this point. BOVE: CARR SMITH: Thank you very much Elizabeth. Any questions Commissioners? Okay, thank you. You can drop off the call appreciate you hanging in there. Catalina Cain is next on my list. Catalina? 20 EXHIBIT A CAIN: Hello. CARR SMITH: Thank you for your patience. Go ahead with your testimony. CAIN: Good morning and thank you forgiving me the opportunity to speak to you today. Eight (8) years ago I moved to North Kohala and I had the good fortune to stay for one (1) month on Puakea Ranch because Joshua Alt is my son and Christie was kind enough to let me stay in one of the cottages. During that time, I had a unique introduction to this island because Christie told me with great pride all about the magical place I had landed on. Puakea Ranch is unique, there is no other place to compare it to. Christie and the people who work and tend to the ranch do it with a personal connection to its significance both historically and currently as an asset to our community. Christie has expanded the gardens every year, added beehives, has a prolific pineapple patch, planted sandalwood trees, and brought back many indigenous plantings on her property. I personally watched Christie sacrifice a great deal for this property with complete commitment to making it an interval part of our community and North Kohala is proud of Puakea Ranch. The employees and the vendors that comes to the events have told me how much they love caring for the land, the animals, the gardens, and the guests. Christie has been generous to the local community and gifted many organizations the ranch for their events absorbing the cost to herself. Puakea Ranch brings income to the merchants in town because when you stay at Puakea Ranch you just don't want to stray too far from your lanai. Your lush gardens, the paths for hiking, the chickens, goats, horses, sheep, donkeys, and of course the amazing sunsets and rainbows. Everyone who stays at the ranch takes a little bit of authentic Hawaii home with them. Given the opportunity you can be sure Christie will continue as she has been doing everything to come into compliance with the law and will continue to care for Puakea Ranch with her heart and soul. She has not been neglecting her responsibilities to come into compliance. I have watched her week by week, month by month, year by year trying to do the right thing and now she is fighting for her land that she loves so much. I want to thank Mr. Yee for supporting Christie and recommending the approval of the Special Use permit she is requesting today. Please consider the value this Special permit will have for our community. Please allow Christie to move forward and make right anything that needs to be corrected and give her the opportunity to protect the integrity of this place she calls home. To farm it, and to offer its slender and bounty to all who are lucky enough to eat from its gardens and sleep under its stars. CARR SMITH: Very good, thank you Catalina. Any questions from Commissioners? Thank you so much appreciate your patience. You can drop off the call now. Barbara Davis? Are you on? Barbara Davis? No, okay. Coral Schiller are you on? Yes, Coral your here. Thank you for your patience Coral, you can go ahead with your testimony. SCHILLER: Aloha, my names is Coral Schiller. I am a Kohala resident and have been for half my life. My significant other, is actually an employee of Josh and Christie and have worked there for years taking care of the grounds at Puakea Ranch. This is just really ultimately a special place its far, its total opposite of the hotel cultural experience you get down on the west 21 EXHIBIT A side. People are really getting an authentic experience staying at this piece of property. Like others were saying picking from the communal garden, getting fresh chickens you know really finding this sense of peace in the country side which is rare to find and that goes along with people who do want to hold events like weddings, or some small special events. I've actually been to numerous weddings here and have had a lot fond memories of amazing events happening here at the ranch. I've never experienced anything going past the ten o'clock mark. Christie always been very respectful of her neighbors in my opinion. It is just truly a special place to be, I think "- - -" in Josh both really care about the historic piece of property and not commercializing it and changing it to be something that really just doesn't fit in Kohala. It's part of Kohala and I think that they really do care and have good intentions for our small town. Like a lot others were saying it does, they do bring our community a lot of business through the guests who stays there. They get to shop at our small little local owned shops. They dined at the small restaurants. So, they definitely bringing in good business to Kohala and I think right now during this time of life the struggle for business in our economy is really crucial right now. I think somebody who's willing let alone wanting to continue a small business like this I think as a community we all should totally stand by them and support them a hundred percent in Christie with what they want to do. I am definitely a hundred percent for the Special permit being granted to Christie Cash. So, I hope that the Commission, all of you guys do see that all of us locals do live in this community really do care about her. Josh and Christie are really part of our community they are dining at our shops they are supporting people they are volunteering. You know I've helped volunteer at their elderly holiday meals which is super fun here. So, it's definitely a special place and for the locals here in town I don't think that any actual real locals would have anything opposing against them. CARR SMITH: Thank you. Your time is up. Thank you for your testimony. Alright, I'm just going to check if a few more people from agenda Item 41, and then we are going to take a real quick break here. Is Barbara Davis on? Barbara Davis. What about Delphina Dorrance? Delphina Dorrance. What about Christopher Shultz? Alright, so we lost three (3), but we appreciate everybody's patience we are going to take a five-minute break, it's one minute to eleven here we will be back here in five minutes. Thank you. The public testimony ended at 10:59 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 22 EXHIBIT A