Loading...
HomeMy WebLinkAbout2021-04-15 Leeward Exh B (Public Testimony re SPP 21-222) LEEWARD PLANNING COMMISSION COUNTY OF HAWAII TESTIMONY TRANSCRIPT APRIL 15, 2021 Public testimony regarding the application of DOUGLAS AND KATHRYN HICKEY (SPP 21-000222) was called to order at 9:53 a.m. via live-stream online meeting, with Chairman Michael Vitousek presiding. COMMISSIONERS PRESENT: Michael Vitousek, Nancy Carr Smith, Barbara DeFranco, Clement"CJ" Kanuha III, Max Newberg, and Mark Van Pernis ABSENT AND EXCUSED: Faith"Faye" Yates ALSO IN ATTENDANCE: J Yoshimoto, Esq. (Counsel for the Commission), Jean Campbell, Esq. (Counsel for the Planning Department), Jeffrey Darrow (Deputy Planning Director), Maija Jackson (Planning Program Manager), Alex Roy (Planner), Christian Kay (Planner), Tracie-Lee Camero (Planner), and Noriko Sauer(Leeward Planning Commission Secretary) APPLICANT: DOUGLAS AND KATHRYN HICKEY (SPP 21-000222) Application for a Special Permit to legitimize the establishment of a venue for weddings and similar gatherings on an approximately 2-acre portion of a 20-acre condominium property regime unit of an 80-acre property situated in the State Land Use Agricultural District. The subject property is located at 76-1297 Waiono Ranch Road, about 1.5 miles east and mauka of the Mamalahoa Highway —Waiono Ranch Road intersection, Waiono Meadows, H61ualoa, North Kona, Hawaii, TMK: (3) 7-6-002:028: Portion of 0001. Secretary's Note: "- - -" indicates indiscernible speech due to internet/technical difficulties or simultaneous talk. VITOUSEK: I'll begin with the public testimony for Item Three (3) with Wendy Mitchell. Please state your name and area of residence. You are on mute. MITCHELL: Okay (with loud echoing sound in the background). Hold on. VITOUSEK: If there are multiple devices going on at the same time sometimes you can get that. MITCHELL: One moment, we are moving that device. Okay, ready? VITOUSEK: Yes, please proceed you've got 3 minutes. MITCHELL: Can you hear me? VITOUSEK: Yes. 1 EXHIBIT B MITCHELL: It's not coming over mine. My name is Wendy Mitchell from Holualoa. Myself along with my husband, Thomas Buckner are owners of a twenty (20) acre Condominium Property Regime (CPR) lot adjacent to the Hickey's. We've lived here since two-thousand five (2005) and our parcel is one (1) of the other 3, 20 acres CPR lots shared with the Hickeys. All properties up here accessing Waiono Ranch Road are Ag zoned and our four(4) CPR lots are among the smaller size parcels, sizes varying from 20 acres up to a hundred(100) acres with the largest being Palani Ranch at the top which reportedly owns over a thousand (1,000) acres. I am telling you this because I want you to be able to visualize what is at stake here in case you aren't familiar with these properties. The Hickey's property is located approximately one point five (1.5) miles up the access road from Mamalahoa Highway and people driving to the Hickey's property must past by at least nine (9) different owner properties before getting there. I just can't emphasize enough how inadequate and substandard this one lane farm road is and there's been much written testimony submitted about this. Occasionally stray farm animals and wild pigs around the road or alongside it, repairs and improvements on the road when done are individual property owner driven because we have no Road Maintenance Agreement up there. Even with the various road improvements the Hickey's agreed to implement is just not enough to ensure safe travel for the anticipated event guests, related auxiliary workers and those who live work on "- - -"property up here. Anybody who's driven this road know this plain and simple and on-lined petitions submitted as written testimony had gone out to the property owners along this shared access road. Twenty- two (22)thirty-two (32) excuse me of them signed the petition and commented on it an opposition to the granting of the Special Use Permit(SUP). Clearly concern over the road is the great unifier amongst property owners. It is a definite liability for us property owners and quite possibly the County as well. One confirmed property owner Allison Naito wrote a letter of support for the Hickey's and Kyle and Ka'iulani Thornton who also wrote a letter of support for the Hickey's state in their letters that they are neighbors of the Hickey's. However, it is not clear whether they are actually property owners as well. Approval of the SUP strongly opposed by the overwhelming majority of property owners up here and doesn't that matter, shouldn't that be a strong consideration of the Commission. Imagine how you'd feel if something similar to this which is strongly opposed by nearly every nearby property owner up were to have this forced upon them. And feeling that your— VITOUSEK: Pause, 3 minutes. MITCHELL: — opposition to it is primarily due to the safe travel of everyone using the only accessible road possible. VITOUSEK: Ms. Mitchell — MTCHELL: I was involved in an accident on the road in late February twenty-twenty (2020), when an unlicensed, uninsured driver on a moped hit my vehicle — 2 EXHIBIT B JACKSON: Ms. Mitchell? VITOUSEK: Ms. Mitchell? JACKSON: Ms. Mitchell? MITCHELL: —down the road around one of the blind curve. VITOUSEK: Ms. Mitchell? Could you please mute — MITCHELL: unfortunately, knowing the road I traveled slowing there and knowing the blind curve was there and the dangers. VITOUSEK: Ms. Mitchell! MITCHELL: and those unfamiliar with the road are in at a disadvantage and approving the SUP will likely result in 1,000's of vehicles navigating the road to get to the Hickey's property each year. VITOUSEK: Ms. Mitchell. MITCHELL: Whether it be a guest attending an event, people coming up to view the venue - 11 VITOUSEK: Excuse me Ms. Mitchell. MITCHELL: — are the auxiliary people such as caterers, musicians, florist, bakers, hair stylist VITOUSEK: Ms. Mitchell! MTICHELL: So, it is important to keep in mind that it's not just the number of guests — JACKSON: Chair Vitousek. MITCHELL: (continuing to speak, appears unable to hear those trying to interrupt her) VITOUSEK: Can anyone hear me? JACKSON: I can hear you. I don't know if Ms. Mitchell can hear you. If you like we can mute and go onto the next person as she's gone beyond the 3 minutes. VITOUSEK: Yes, please. JACKSON: Okay, thank you. 3 EXHIBIT B MITCHELL: Is muted. VITOUSEK: Ms. Mitchell, you've gone beyond the 3 minutes allowed to testify. Thank you. MITCHELL: Did you hear me? VITOUSEK: We can hear you, yes, you've gone beyond the 3 minutes allowed to testify, please summarize. MITCHELL: Thank you. VITOUSEK: "- - -" Thank you, okay. Moving on to Mr. Tom Buckner,please state your name and area of residence. BUCKNER: I don't have any testimony to add right now MITCHELL: Unless you want to read and add to mine. BUCKNER: Do I hit unmute. MITCHELL: Yeah. BUCKNER: Hello. VITOUSEK: Hello. BUCKNER: I'm Tom Buckner, can you hear me? VITOUSEK: Yes. BUCKNER: I'm going to finish reading Wendy's cause I don't think it was heard. VITOUSEK: Please state your area of residence. BUCKNER: Tom Buckner, Holualoa. VITOUSEK: Okay and is this a written testimony that's already been submitted? BUCKNER: No. VITOUSEK: Okay,please continue. BUCKNER: I'm finishing up my wife's testimony. There are many other valid reasons and concerns besides "- - -"which are addressed in the Planning Department's reports. The road is just one of the main considerations. I strongly urge the Leeward Planning Commission to adopt 4 EXHIBIT B the recommendation of the Planning Department in denying the SUP. It is the sensible, prudent, consciousness decision to make. Mahalo in allowing me to present this to you today. VITOUSEK: Okay. BUCKNER: That's all I have at the moment. VITOUSEK: Okay, thank you very much. We will continue with Pamela Parker, state your name and area of residence. BUCKNER: I don't know what's going on. VITOUSEK: You can go ahead and mute Mr. Buckner and Pamela Parker? PARKER: Yes, hi. I'm Pam Parker and I'm managing partner of Parker Kabumoto LLC. We own Unit 4 of the eighty (80) acres CPR with the Hickey's. I just wanted to point out that every property owner of Waiono Ranch signed a petition with one exception, Allison Naito. She owns the three hundred(300)plus acres directly bordering us on the mauka side. She's got some cattle and some coffee, and she does support this venue,this permit I should say, and it could possibly benefit her in the future should she ever decide to get into a commercial venture up there. The Thorton's are mentioned in the newest addendum I guess it is to this application. Yeah, we are not quite sure who they are, they say they are neighbors. I reached out to half a dozen neighbors and nobody knows who they are. Their address on their letter seven (7) 3-1334 Waiono Ranch Road shows up at the bottom of the road at Mamalahoa. There's no residence there so they are kind of a mystery we not sure. Puakea Ranch, thirty-two (32) acres did get a Special Use Permit last October, I don't see the comparison here it's a historical ranch. I actually went to a wedding there in two thousand fifteen (2015) it was amazing, love the history it's just a few 100 yards off Highway two-seventy (270), it's easy access for the Fire Department and the Police Department. It is also just up the coast from the South Kohala resorts nodes. Again, no comparison to Waiono Ranch Road. I would just close by saying that if any of the Commissioners are weaning in favor of this, then they have not been up the road. It is truly dangerous and the accidents there have been way more than five (5) accidents in 5 years. So, thank you very much. VITOUSEK: Thank you, moving on to Steve Grossman. GROSSMAN: Hello, my Steve Grossman, I live in Holualoa and specifically my wife Audrey and I live on Lot 2 of the Greener Pastures CPR directly below the Hickey property. As far as Audrey and I are concerned about the venues specifically the proposed venue will be built directly above our house. We were able to hear the music, laughter, and chatter as well as vehicle noises accompanied past events held at the Hickey's residence. We appreciate the Hickey's intention to keep the noise down but that can only be controlled at a certain extent and with crowd sizes of up to a 100 people a larger proposed venue would bring with it more activity both inside and outside and us being maybe 200 yards down slope of them is concern for us. 5 EXHIBIT B Our family has been involved in 2 accidents on Waiono Ranch Road which is poorly designed and substandard. In August of two thousand nineteen (2019) I was driving home in my Nissan Titan and met head on with a Palani Ranch employee, who was driving a Ram twenty-five hundred (2500). These are big trucks and big trucks go up and down this road every day. We were driving cautiously but met at a blind bend just below our drive, a bend that I know very well and thought I was prepared for. The stretch of road from the Hickey's drive to the spot where that accident occurred is less than a quarter of a mile and is one of the steepest in Waiono. Our daughter, driving home school in our Honda Civic, was involved in a near head on by another truck operated by a Bolton Incorporated employee just 9 days later. This accident happened on the worst blind curve in Waiono which also must be approached very slowly both uphill and especially downhill at all times. I've had many close calls in that curve, our Civic was totaled in that accident and our daughter suffered a concussion. During the day coffee land employees, Bolton Incorporated employees, and Palani Ranch employees are often pulling large trailers full of saddled horses travel up and down our road while at work. There a few places for the trucks pulling these trailers to get off safely and they cannot back up. Heavy rains pound Waiono frequently cannot make the road just below Queen Coffee virtually impossible to cross and it can get worse than that. From the middle of August through the middle of September 2015 it rained over twenty-nine (29) inches in Waiono. In the afternoon of August seventeenth (17'') our flood zone turned into a raging river and that happened over and over again in the days to come. This water was coming directly through and off the Hickey property into ours. We lost over forty (40) feet of driveway as a result of these rains, these rains also destroyed approximately thirty (30)yards of the main road and left huge sections of asphalt piled upon one another. This was cause by the massive amount of water running down the road even with the runoff charging through David Wilkinsons coffee land, it took months to repair that road. On Saturday, the twentieth(20'') of last month from just after 4:30 to about 5:40 in the afternoon, excuse me, in the afternoon we had a rain bomb that dropped three point two (3.2) inches of rain at our house. It was the hardest rain that I ever experienced in the eighteen (18) years I've lived in Waiono. There were streams running along both north and south sides of our house. In the first 3 months of twenty twenty-one (2021) we measured thirty point eight(30.8) inches of rain. That's all I have, thank you. VITOUSEK: Thank you, we will move on to Aislinn Chalker? CHALKER: Hi. VITOUSEK: Please state your name and area of residence. CHALKER: My name is Aislinn Chalker, I live in Waikoloa. I am a professional photographer, born and raised here in Hawaii and I've been working in the event industry for over thirteen (13) years. I am an adamant support of Kay and Doug Hickey getting approval for their Special Use Permit for Sunshower Farms. The main reason is that there are very, very, few wedding venue options for kama`aina. Here on the Big Island, locals are priced out of resort weddings or they are competing for dates with people from the Mainland planning destination weddings. I 6 EXHIBIT B watched the last testimony, I read through a lot of the testimonies from last time as well. I did see that Holualoa Inn was thrown out as an alternative location because it is located really close to Sunshower Farms. In my own research though, even on their own website I found that they charge 3 to 4 times for a wedding or an event. What Sunshower Farms does it's right on their website, it's public information and I truly believe locals deserve an affordable, beautiful event space that is accessible to them. Otherwise, for locals planning an event here our choices are community pavilions or again hotels and resorts that we are very often priced out of. When I was planning my own wedding on the Big Island, I wished Sunshower Farms had been an option, we would have jumped on the chance to get married here for that price and at that location because I believe what they are offering is really unique and valuable to the local community. I hope for this committee is to really consider kama`aina to consider locals when you are looking at this proposal. Again, I watched the whole last testimony and I've read through a lot of the submitted statements including the new documentation that Kay and Doug have submitted and I really believe that they have gone above and beyond to reach out to neighbors to hear their concerns and to really attempt to address specifically the road issues that I've heard everyone bring up. I think what more could you ask for from a neighbor than someone willing to work so hard to make sure all of those concerns are addressed and to really make sure that they can put on safe events. Thank you very much. VITOUSEK: Thank you. We will move on to Paul Wozniak. WOZNIAK: Hi, aloha, my name is Paul Wozniak living in Mountain View and I've been a resident of the Big Island for a little over a year now. My wife grew up here and we currently also living on Ag zoned land. When I moved here, I joined a small business community of which Kate is one of the leaders and organizers and her mentorship and caring nature have made all the difference. Having being involved with the Hamakua Coast farming community early on I've come to admire and care about the work that they do and care about this island and I know just by serving on this Commission you cared too so thank you for all your work. Being a small farmer is hard in today's global world, competing on price and volume is not feasible. So, small farmers are either forced out of business or need to find ways to adapt. The Hickey's permit application represents such a small change in how the farm currently operates. Asking to designate 2 of their 20 acres for a venue that would allow them to bring people to the farm to promote the work that they do and sell their products. It's a shift to a more service orientated business model as a farm and it's just an extension of what many farms have been doing for years by offering tours and is also simply a representative of the change in consumer behavior to that of caring about sustainability and locally sourced produce. While being a small change of asking just ten (10)percent(%) of their land to be designated for this purpose, it actually represents the only remaining lifeline in face of being forced out of the farming business. To support and say be it that the small farms moving forward including a service orientated aspect in their operations. I'd like to bring up the Puakea Ranch which has some similarities to Sunshower Farms with regards to their application which was approved last October. Mainly, I like to point out both applications have seen number of complaints and oppositions and concerns from the neighbors. Some of those concerns have been about the road 7 EXHIBIT B access and in both cases the traffic analysis had revealed that the increase from the proposed wedding related activities would only represent about a 4% increase compared to the current usage. I understand that each application is assessed individually and that access roads are different however, given the similarities and how willing the Hickey's are to work with the neighbors and even improve the road if needed and which an engineer has accessed and confirmed would be enough. I kindly ask that the Commission has some consistency in their decision making and sees the similarities. Finally, while there's a limited number of testimony here today in support of the Hickey's this is intentional after the feedback from the previous hearing and the Hickey's have included in their application packet fifty-two (52) individually offered statements of support for your consideration. I kindly ask that the Commission considers how this permit application represents a small-time farmer running out options only looking for ways to continue their farm operations and growing the Kona coffee that we all love. Thank you. VITOUSEK: Thank you very much. Let's see, next we have Amber Haley, is Amber available I understand there was a work conflict, and we need to take you at the end. Are you hear now? A. HALEY: I'm hear. VITOUSEK: Okay Amber, are you and Michael also ready to go. A. HALEY: Yes, we are ready to go. VITOUSEK: Okay,please go ahead. A. HALEY: Okay, Aloha, I'm Amber Haley. I'm a realtor, friend and colleague of Kate and Doug Hickey. I spend my time between Kea`au and Kailua-Kona and I have a personal interest in this case. I as a realtor have to read the tax map keys (TMK's) on the road and I just want to reiterate that from the research I've seen improvements to the road were already committed to be performed by a subdivider named Golden Bay International, LLC. In two thousand thirteen (2013) they actually applied to subdivide a five hundred (500) acre parcel on the road. There were some neighbors that did oppose it because of the conditions of the road but they were approved with one of the conditions being that they make improvements to the road. I can read the entire text to you all on their conditional variance but for the sake of time I'll just sum up a little bit of it. The existing sub-standard paving within Road Lot eleven (11) shall be improved and/or repaired to substantially match that which is located within the proposed subdivision's internal access Easement fourteen (14). Where required, the roadway shall be constructed in such a manner as to be passable during service surface water runoff events. This shall include drainage structures as may be required. This shall also include any widening as may be required to allow for safe sight distances and safe curve radii and so on and so on. I just want to point out that these improvements were never made, the County never enforced this and that 4 of the lots were subdivided and sold and Golden Bay actually still owns one of 8 EXHIBIT B them. If Golden Bay had made the improvements that they said they would make and were required to make the quality of this road for the application. It sounds like it would not be an issue but regardless, if everybody else dropping the ball I do want to point out that the Hickey's are now volunteering to do the exact road improvements that Golden Bay International should have been required to do. The people who bought these subdivided parcels from Golden Bay have all signed the petition opposing the Hickey's application and the reason they did was ironically the quality of the road. Their properties benefited from the promise to improve the road, it was never improved and now for some reason I can't understand they are opposing an application even though the Hickey's are offering to make these improvements. Also, I do want to point out that Golden Bay itself is not registered in the State of Hawaii which is far as I'm aware is not legal. They also owe eighteen thousand dollars ($18,000) eighteen thousand seventy-four dollars and thirty-five cents ($18,074.35) in back property taxes for their properties on Waiono Ranch Road. I do also want to just conclude really quickly that as a real estate agent I study the local market pretty extensively here and if these farmers are forced to sell, a buyer right now in this area would likely be a multi-million dollar all cash buyer to be able to obtain a property here and most of those buyers come from off island. They would likely be somebody who would just make Sunshower Farms their private residence not a farm because as has been demonstrated it is very hard to be profitable farming here. So, they would just be enjoying the tax benefits of the Ag land and I'm certain that the majority of us here would rather see our local agricultural grow, family farmers survive, thrive, see local jobs created particularly right now with what's going on the dead sitting effects of the pandemic on our local economy. VITOUSEK: Thank you very much. Moving on to Michael Haley. M. HALEY: Aloha, thank you for having me I'm Michael Haley "- - -"on the Big Island and I am Amber Haley's husband. In 2005 VITOUSEK: Can you please state your area of residence. M. HALEY: Oh, I'm sorry. My area of residence is East Hawaii in Kea`au, excuse me. VITOUSEK: Thank you. You have 3 minutes. M. HALEY: In 2005 some of the residents got together to address the road by trying to get a road maintenance agreement in place. The neighbors in the Hickey's CPR were opposed to this road maintenance agreement and refused to agree upon. Which then made it, so no one was responsible for the road maintenance and improvement and so to be clear the same neighbors that are spearheading the opposition to this permit due to the quality of the road are the same neighbors that were refused to agree to improve said road when they had the opportunity to do so. They are creating this problem and then using that same problem as a justification to oppose this permit of which actually addresses the quality of the road ironically. The opposed neighbors that circulated the petition do not farm. They own 20-acre parcels that have beautiful homes and that is it and yet they pay taxes as though they are farming. So, when a farm in their neighborhood that is actually farming and contributing to the `aina and the local 9 EXHIBIT B community and farmer markets et cetera the local vendors. Our community is trying to diversify their income to stay afloat, and these neighbors oppose it. So, lastly, Audrey, Steve, Wendy, Tom, and Pam all opposed the road maintenance agreement. So, if the road is as unsafe as the neighbors say it is you would think that they would want a road maintenance agreement. That's all, thank you. VITOUSEK: Thank you very much. Moving on to Kelly Johnson. Ms. Kelly Johnson available? JOHNSON: How about unmuting. Thank you. VITOUSEK: There you are. JOHNSON: Thank you for allowing us this opportunity. My husband Phil and I are fortunate to have the Johnson Hawaii properties farm at the corner of the Mamalahoa Highway and Waiono Ranch Road, we are at the very foot of the hill. We're both long time farmers, we're familiar with and certainly celebrate the nourishing agriculture of Hawaii. It's not my intention to deny anyone the opportunity for economic prosperity and this is not at all my reason for speaking today. Those same opportunities will still exist if this operation were conducted at a different location more suitable to commercial use. From everything I've learned it's clear the Hickey's have many people who have spoken to their good character and although I never met them their quality of character is not in question. It is also important for you to understand and I'm not here in effort to try to impose my will upon anyone. It is my hope that you'll consider the views of other owners of Waiono Ranch Road in weighing your decision. Although, we may be called owners we recognize we are merely only stuards of these lands and as such have an obligation to preserve the local agricultural scene this neighborhood was formed for. We purchased our farm specifically because it was restricted to agricultural use understanding the dangers inherent in mixing non-agricultural commercial operations with the intended use agriculture industry. We played by the rules and I'm having a difficult time reconciling those requirements with the demands a commercial wedding operation would bring and in fact, have already brought. While appreciated the mitigation efforts the Hickey's have offered regrettably do not respond to the permanent nature of the consequences such an endeavor will have. I don't pretend to be an expert instead I'm relying on the Planning Commission's wisdom and can only seek to understand why a wedding venue would be considered an unusual or reasonable use of dedicated agricultural land. Especially when there's a well-known wedding venue within a stone's throw from Waiono Meadows boundary. I fear it will establish a precedent for any number of other commercial operations I mean other owners may have a similar idea. Yes, the road is not maintained by the County and we don't have to talk about it at nauseam, but it does add the potential for an unwarranted increase in liability for those of us owners who initially funded and continued to maintain it voluntarily. With no formal maintenance agreement in place or governance from the County there is an open-ended liability for these owners brought on by commercial traffic that has no ownership stake in the land and cannot possibly be measured. While I don't assume irresponsible behavior of attendees, I don't think it would be 10 EXHIBIT B reasonable to always expect them to have sober participants who are familiar with traversing the road. Waiono Ranch Road has never been evaluated for commercial use and does not follow any other required criteria for the safety of public roads, emergency services such as fire engines and paramedic teams their ability to reach commercial operations easily on the current road even with the suggested improvements doesn't provide for this. As stakeholders we feel we have a legitimate concern of a long-term irreversible effects of such a Special Use Permit and respectfully implore the Leeward Planning Commission to halt the continuation of these ongoing operations and deny the application outright. Protecting our agricultural zoned property and its values is paramount to the continuation of our shared quality of life, privacy, and continued safe coffee operations and ask for your sincere consideration. I'm not going to speak any more about the culvert it obviously needs, its right adjacent to our property, it needs to be studied from an engineering perspective, from an environmental impact perspective and I certainly don't want additional flooding on our lands. So, I'll just close by saying I appreciate the opportunity to have spoken today and thank you for considering all aspects in looking at this situation from all different perspectives. Thank you. VITOUSEK: Thank you very much appreciate your time. Michael Bell will be next, please state your name and area of residence. BELL: Hi, I'm Michael Bell, I live in Kailua Kona. I'm here today in support of the Hickey's request for their permit. I just want to say that being a lifelong resident here in Kona there are so few venue options for couples living here. Once you find out how much the Holualoa Inn cost your stuck to the old days ["- - -"testifier spoke in Hawaiian language-inaudible] or the "- - -" center. Like I think everybody on this Zoom not alone in the island if you there is no way you get a wedding down to 30 people especially here in Hawaii. I just think that this island needs more affordable, large wedding venues and this is a great opportunity to supply that to the island. Originally when I was married in twenty-seventeen (2017)to my wife we reached out to Kate and her venues just too small to house our area and we actually had to host our wedding on a neighbor's property at Pam Parker. She was gracious enough to host us there but, I guess my point is that it's just we need more venues and it's crazy that anyone could be taking cash under the table and hosting weddings themselves up at Waiono Ranch Road but we're penalizing Doug & Kate for following through on the permitting process. I just think especially in this time during COVID we should looking at any options to bring in revenue for small businesses and that is all I have to share. VITOUSEK: Thank you very much. Moving on to Lyla Mah. Please state your name and area of residence and the town you live in. MAH: Hi, my name is Lyla Mah and I'm from Waimea. I'm a third-generation farmer and a third-generation lei maker florist. I'm here today to give my testimony and unwavering support for Sunshower Farms Special Use Permit. As a farmer I know the constant struggle of trying to make a living solely off of farming. With the cost of living and the cost of keeping the farm running most of us need to diversify to keep a steadier income. Kay and Doug main focus has always been the coffee and this venue was just a means of supplementing their income. I've worked with Sunshower Farms since the beginning of their events and weddings and have 11 EXHIBIT B witnessed how many other local businesses and caterers that have benefited from their venue. From caterers,photographers, sound and audio, musicians to bakers and united rental company and many other businesses. This venue has been well thought out and planned with the concerns of neighbors being that or opened to discussion on the Hickey's end. With the events that have already been completed we had never had any complaints about noise or sharing the road. My experience with driving up and down has been pleasant, yielding to other drivers and pulling to the side whenever necessary. I have personally offered to give a portion of my earnings from each event to a roadwork fund for Waiono Ranch Road if business is to continue. Personally, Sunshower Farms has helped me starting my florist business and supplementing my family's income. Their business has allowed me to expand my crops as a flower farmer and has allowed me to help other flower farmers new floral purchases. There are not many venues for small events also venues that are affordable. This venue will not only cater to designations weddings but also provide an affordable location for local couples. "- - -"Ranch is compared to Sunshower Farms and so is H6lualoa but, the cost alone is like really not comparable. Sunshower Farms offers the unique experience with their coffee and live stocks as being incorporated to each event. This is the new age of farming where we must do whatever we can to cover costs and keep things running and not shift in direction. Mahalo for your time. Thank you. VITOUSEK: Thank you so much. Our last testifier today will be Matt Chalker. Matt, please proceed. State your name and town you live in. CHALKER: Hi, this is Matt Chalker, I live in Waikoloa Village and I'm speaking in support of Doug and Kates's proposed application. It's all about the road. I testified at the last one, I've heard all the arguments both ways and it's all about the road. I've driven up to the farm multiple times myself and I agree it's not in the state to be able to hold a large venue like this. But it is very clear from listening to the testimony earlier today and listening to this controversy that most people haven't read the actual application. There are multiple pages of a traffic engineer's assessment. We have a lot of feelings going on, we think that it's dangerous, we feel like it's dangerous, we have these ideas that it is not going to work. We all know that there are actual suggestions, there are actual things that Doug and Kate have committed to improving to make this work. So, it's just really a case of nimbyism if you read further through the application down to page one hundred sixty-three (163) Doug has outlined all of his conversations with the neighbors and it comes down to literally people saying I don't want this in my backyard. I think that we should allow Doug and Kate to go improve the road to make it work so that the economy can improve. Most of the people that live on this road are either, most of the farms are either large corporations that are farming hundreds of acres or they are retiree's that live on a vacation home for a few months a year. Of course, they don't want more commercial activity but, it doesn't make sense to me why we would block the improvements to improve the safety of the road that have been proposed by an engineer who actually knows these things. Let them fix it up, let them have the property, let them improve the quality of life for everyone and let's move 12 EXHIBIT B on from this insane fight that really comes down to we don't want this in our backyard. So, that's all I have to say. Thank you for my time. VITOUSEK: Thank you very much. Appreciate the time, at this point we'll give Commissioners a brief opportunity to ask questions of members of the public relating specifically to their testimony today. Is there any questions from any Commissioners? CARR SMITH: Raised her hand. VITOUSEK: Commissioner Carr Smith? CARR SMITH: Thank you. Is Mr. Bell still on? Maybe not. K. HICKEY: This is Kate, I just texted him to ask him to come back he didn't know that there might— CARR SMITH: Yeah, yeah. K. HICKEY: For him after, so he might come back. CARR SMITH: Okay. K. HICKEY: If you could hold your question. CARR SMITH: Sure. Maybe Pam Parker? Are you there? PARKER: Yes, hi, I'm here. CARR SMITH: Hi Pam. I was just curious about a comment that Mr. Bell made about him having his wedding on your property. PARKER: Yes, when Kate first started(you got an echo here) first started doing weddings in 2017 she approached me and said she had some guests up there that could see my pasture across the fence and would I be interested in hosting a wedding there. And I said you know, sure, so Mike Bell and one another couple were married there on my property. They were small, it was easy, a third couple tried, got rained out so, Kate moved the venue at that moment of the wedding to her house and that started the whole, her whole business out of her home. So, yeah, my daughter was married on my property in February of two thousand eighteen (2018) and that's been it and you know just because we didn't complain about the weddings doesn't mean we are opened to a huge new venue that would be regularly consistently hosting weddings. CARR SMITH: Okay and so, I assume that you charged to have these weddings at your place. PARKER: Yeah, yeah. CARR SMITH: Okay and is it true that you objected to a road maintenance agreement as well? 13 EXHIBIT B PARKER: You know, that was fifteen (15)years ago, we're sitting here scratching our heads we don't know what that's referring to actually. I don't remember, I don't know what that is. CARR SMITH: Can you speak to super briefly to are the owners at least the ones that you have all referred to, are you folks interested in a road maintenance agreement? PARKER: You know, I know that nobody wants a major wedding venue up this road, so,— CARR SMITH: No, no. That's not what I asked. I asked if you folks have any intention of putting together a road maintenance agreement. PARKER: Yeah, you know I had no idea, individual properties owners have gone out and filled in potholes that are closest to their property but other than that there is no organization, there is no association, there is no information on road maintenance. CARR SMITH: Okay, I'm just surprised, I mean listening to Mr. Grossman and 2 accidents its must not be fun for you folks. That's all I have. PARKER: "- - -" rally everybody too. (giggle) CARR SMITH: Thank you and Kate I guess I got my question answered regarding Mr. Bell's wedding on her property so I'm good. Thank you. NEWBERG: Raising his hand. VITOUSEK: Okay, are there any other questions from any Commissioners? Commissioner Newberg? NEWBERG: Thank you Chair. This would be a question for either may be most likely be able to answer by Mr. Steve Grossman perhaps Wendy Mitchell. I was curious if we could get an estimated time from the access points up to the 1.5-mile trip up this road. Is there an estimate of time it takes to safely navigate up to this proposed property of the Hickey's? GROSSMAN: Yeah, I can answer that. From the junction to our property takes safely about between 4 and 5 minutes. That is if there's no obstructions that we would need move out of the way for, it would take a bit longer to get up to the Hickey's property. NEWBERG: Thank you. VITOUSEK: Commissioners any "- - -"okay, seeing none is there a motion to close public testimony? CARR SMITH: Raised hand, so moved. VITOUSEK: Moved by Commissioner Carr Smith. Do we have a second? 14 EXHIBIT B DEFRANCO: Raised hand. NEWBERG: I'll second. VITOUSEK: Seconded by Commissioner DeFranco. All those in favor? CARR SMITH: Aye. DEFRANCO: Raised hand. VITOUSEK: Raised hand. NEWBERG: Raise hand. KANUHA: Raised hand. VITOUSEK: Any opposed? Okay, motion carries. Public testimony will be considered closed. The public testimony ended at 10:34 a.m. Respectfully submitted, Melissa Dacayanan-Salvador Secretary to Boards and Commissions 15 EXHIBIT B