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HomeMy WebLinkAboutICA Record on Appeal - Part 3 of 4 Electronically Filed Intermediate Court of Appeals CAAP-17-0000050 25-APR-2017 11:06 AM CAAP-17-0000050 IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAII COMMUNITY BASED EDUCATION ) CIVIL NO. 14-1-223 SUPPORT SERVICES; ) CONNECTIONS NEW CENTURY ) APPEAL FROM: CHARTER SCHOOL, ) 1) DECISION AND ORDER AFFIRMING WINDWARD Applicants-Appellants, ) PLANNING COMMISSION, COUNTY OF HAWAITS FINDINGS vs. ) OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER WINDWARD PLANNING ) DENYING SPECIAL PERMIT COMMISSION, COUNTY OF ) APPLICATION NO. SPP 12-138, HAWAII; DEPARTMENT OF ) FILED ON JULY 14, 2015; PLANNING, COUNTY OF HAWAII, ) 2) SECOND AMENDED FINAL JUDGMENT FILED ON JANUARY Appellees-Appellees, ) 13, 2017 And ) SANDRA SONG, in her capacity as ) THIRD CIRCUIT COURT Hearing Officer; JEFFREY GOMES, ) Intervenor; SIDNEY FUKE, ) Intervenor's Representative; ) HONORABLE RONALD IBARRA TERENCE YOSHIOKA, Intervenor's ) HONORABLE MELVIN H. FUJINO Representative, ) Intervenors-Appellees. ) RECORD ON APPEAL (Part 3 of 5) TED HONG, ESQ. (3569) email: teda-tedhonglaw.com P.O. BOX 4217 Hilo, HI 96720 Phone: (808) 933-1919 Attorney for Applicant-Appellant COMMUNITY BASED EDUCATION SUPPORT SERVICES GREGG M. USHIRODA, ESQ. (5868) email: Gregg.M.Ushirodaa-hawaii.gov HOLLY T. M. SHIKADA, ESQ. (4017) Holly.T.Shikadaa-hawaii.gov Deputy Attorneys General State of Hawaii 235 S. Beretania Street, Room. 304 Honolulu, HI 96813 Phone: (808) 586-1255 Attorneys for Applicant-Appellant CONNECTIONS NEW CENTURY CHARTER SCHOOL ANGELIC MALIA HO, ESQ. (10550) email: malia.hoa-hawaiicounty.gov Deputy Corporation Counsel 101 Au pu n i Street, Suite 325 Hilo, HI 96720 Phone: (808) 961-8251 Attorney for Appellees WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII; DEPARTMENT OF PLANNING, COUNTY OF HAWAII; and Intervenor-Appellee SANDRA SONG, in her capacity as Hearing Officer ALAN M. OKAMOTO, ESQ. (1826) email: alana-noyhawaii.com Nakamoto, Okamoto & Yamamoto 187 Kapiolani Street Hilo, HI 96720 Phone: (808) 961-0641 Attorney for Intervenors-Appellees SIDNEY FUKE and TERENCE YOSHIOKA MICHAEL J. MATSUKAWA, ESQ. (1885) email: kapulua-msn.com 75-5751 Kuakini Highway, Suite 201 Kailua-Kona, HI 96740 Phone: (808) 329-1385 Attorney for Intervenor-Appellee JEFFREY K. GOMES INDEX (To Record on Appeal - COMMUNITY BASED EDUCATION SUPPORT SERVICES; CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL, Applicants-Appellants, vs. WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII, DEPARTMENT OF PLANNING, COUNTY COUNTY OF HAWAII, Appellees, And SANDRA SONG, in her capacity as Hearing Officer, JEFFREY GOMES, Intervenor, SIDNEY FUKE, Intervenor's Representative; TERENCE YOSHIOKA, Intervenor's Representative, Intervenor-Appellee.) PART 1 OF 5 PAGES Flysheet to Record on Appeal 1 - 3 Index to Record on Appeal 4 - 5 Index of Imaged Documents 6 - 30 Imaged Documents 31 - 1739 Minutes 1740 - 1756 Certificate of Court Clerk 1757 - 1758 PART 2 OF 5 Flysheet to Record on Appeal 1 - 3 Index of Record on Appeal 4 - 5 Index of Imaged Documents 6 - 30 Index to Windward Planning Commission's Record on Appeal 31 - 54 (SP 12-000138) Windward Planning Commission's Record on Appeal 55 - 1335 (SP 12-000138), Part 1 Certificate of Court Clerk 1336 - 1337 PART 3OF5 Flysheet to Record on Appeal 1 - 3 Index to Record on Appeal 4 - 5 Index of Imaged Documents 6 - 30 Index to Windward Planning Commission's Record on Appeal 31 - 54 (SP 12-000138) Windward Planning Commission's Record on Appeal 55 - 1653 (SP 12-000138), Part 2 Certificate of Court Clerk 1654 - 1655 PART 4 OF 5 Flysheet to Record on Appeal 1 - 3 Index to Record on Appeal 4 - 5 Index of Imaged Documents 6 - 30 Index of Windward Planning Commission's Record on Appeal 31 - 54 (SP 12-000138) Windward Planning Commission's Record on Appeal 55 - 1520 (SP 12-000138) Part 2, continued Certificate of Court Clerk 1521 - 1522 PART 5OF5 Flysheet to Record on Appeal 1 - 3 Index of Record on Appeal 4 - 5 Index of Imaged Documents 6 - 30 Imaged Documents (SEALED) 31 - 41 Certificate of Court Clerk 42 - 43 RECORD ON APPEAL: The original imaged record in CIVIL NO. 14-1-223, Circuit Court of the Third Circuit, State of Hawai'i, Fourth Division, herein, contains all scanned images of the original documents (except were noted) entered of record in this matter. $#1 COMPUTERIZED INDEX 3CC14-1-000223 06-09-2014 CIVIL 02 COMMUNITY BASED EDUCATION SUPPHONG, TED H S A3569 AGENCY APPEAL 503 CONNECTIONS NEW CENTURY PUBLICSIU, CARTER K. K. S. A7313 WINDWARD PLANNING COMMISSION, PATEL, DANNY A9578 DEPARTMENT OF PLANNING, COUNTY SANDRA SONG, IN HER CAPACITY A JEFFREY DOMES, INTERVENOR MATSUKAWA, MICHAEL J A1885 SIDNEY FUKE, INTERVENOR' S REPROKAMOTO, ALAN M A1826 TERENCE YOSHIOKA, INTERVENOR'SOKAMOTO, ALAN M A1826 PAGE 2014 JUN 09 CIVIL INFORMATION SHEET O OOf 1 JUN 09 NOTICE OF APPEAL TO CIRCUIT COURT; STATEMENT 00017- 2 OF THE CASE; EXHIBITS "1" - "2" ; DESIGNATION OF CONTENTS OF RECORD ON APPEAL; ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL; CERTIFICATE OF SERVICE JUN 12 RETURN AND ACKNOWLEDGMENT OF SERVICE 0 003 3 (WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII SERVED ON 6/10/14 THROUGH DARYN ARAI, PLANNING PROGRAM MANAGER, WITH NOTICE OF APPEAL TO CIRCUIT COURT; STATMENT OF THE CASE; EXHIBITS rrl, rr-112 ; n DESIGNATION OF CONTENTS OF RECORD ON APPEAL; ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL; CERTIFICATE OF SERVICE) JUN 12 RETURN AND ACKNOWLEDGMENT OF SERVICE (DEPARTMENT 0004 4 OF PLANNING, COUNTY OF HAWAII SERVED ON 6/10/14 THROUGH DARYN ARAI, PLANNING PROGRAM MANAGER, WITH NOTICE OF APPEAL TO CIRCUIT COURT; STATMENT OF THE CASE; EXHIBITS "1, "-"2; " DESIGNATION OF CONTENTS RECORD ON APPEAL; ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL; CERTIFICATE OF SERVICE) JUN 12 RETURN AND ACKNOWLEDGMENT OF SERVICE (THE HON. 0005 5 SANDRA P. SONG (RET. ) SERVED ON 6/10/14 THROUGH STEPHANIE SALAZAR, LEGAL ASSISTANT, WITH NOTICE OF APPEAL TO CIRCUIT COURT; STATMENT OF THE CASE; EXHIBITS "l, "-112, 11 ; DESIGNATION OF CONTENTS OF RECORD ON APPEAL; ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL; CERTIFICATE OF SERVICE) # #2 COMPUTERIZED INDEX 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 JUN 12 RETURN AND ACKNOWLEDGMENT OF SERVICE (THE HON. Cob(o 6 TERENCE YOSHIOKA (RET. ) SERVED ON 6/10/14 THROUGH TERENCE YOSHIOKA WITH NOTICE OF APPEAL TO CIRCUIT COURT; STATEMENT OF THE CASE; EXHIBITS "l, "-"2, " ; DESIGNATION OF CONTENTS OF RECORD ON APPEAL; ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL; CERTIFICATE OF SERVICE) JUN 12 RETURN AND ACKNOWLEDGMENT OF SERVICE (MR. SIDNEY 0007 7 FUKE SERVED ON 6/10/14 WITH NOTICE OF APPEAL TO CIRCUIT COURT; STATEMENT OF THE CASE; EXHIBITS "1, "-"2, " ; DESIGNATION OF CONTENTS OF RECORD ON APPEAL; ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL; CERTIFICATE OF SERVICE) JUN 12 RETURN AND ACKNOWLEDGMENT OF SERVICE (MR. JEFFREY OQO S 8 K. DOMES SERVED ON 6/12/14 WITH NOTICE OF APPEAL TO CIRCUIT COURT; STATEMENT OF THE CASE; EXHIBITS "1, "-"2 , " ; DESIGNATION OF CONTENTS OF RECORD ON APPEAL; ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL; CERTIFICATE OF SERVICE) JUN 19 APPLICANT-APPELLANT CONNECTIONS NEW CENTURY O OOq 9 PUBLIC CHARTER SCHOOL'S NOTICE OF APPEAL TO CIRCUIT COURT AND JOINDER TO APPLICANT-APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES ' NOTICE OF APPEAL TO CIRCUIT COURT, FILED JUNE 9, 2014; CERTIFICATE OF SERVICE (FILED EX OFFICIO) JUN 26 CERTIFICA'T'E OF DISQUALIFICATION DOI� 10 (JUDGE GREG K. NAKAMURA) JUN 27 APPELLEE DEPARTMENT OF PLANNING, COUNTY OF 11 HAWAI' I 'S MOTION TO DISMISS; MEMORANDUM IN SUPPORT OF MOTION; NOTICE OF HEARING; CERTIFICATE OF SERVICE JUN 30 CERTIFICATE OF DISQUALIFICATION 12 (JUDGE GLENN S . HARA) #3 COMPUTERIZED INDEX 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 JUL 02 APPELLEES SIDNEY FUKE AND TERENCE T. YOSHIOKA' S 00/ 3 13 ANSWER TO NOTICE OF APPEAL TO CIRCUIT COURT; STATEMENT OF THE CASE BY COMMUNITY BASED EDUCATION SUPPORT SERVICES AND CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL; CERTIFICATE OF SERVICE (ALAN M. OKAMOTO, ESQ. ) JUL 07 APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF 0014 14 HAWAI' I ' S REQUEST FOR EXTENTIONS OF TIME TO FILE RECORD ON APPEAL; AFFIDAVIT OF SARAH Y. HATA-FINLEY; ORDER; CERTIFICATE OF SERVICE (EXTEND TO AND INCLUDING 7/31/14) JUL 07 APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF 001,15 15 HAWAI' I, AND INTERVENOR-APPELLEE SANDRA SONG' S MOTION TO DISMISS; MEMORANDUM IN SUPPORT OF MOTION; NOTICE OF HEARING; CERTIFICATE OF SERVICE (HRG: 8/22/14 AT 8:00 A.M. BEFORE JUDGE IBARRA) JUL 08 APPEARANCE OF COUNSEL FOR JEFFREY K. GOMES, OO/(v 16 INTERVONOR; CERTIFICATE OF SERVICE (MICHAEL J_ MATSUKAWA, ESQ. ) JUL 08 APPELLEE-INTERVENOR JEFFREY K. GOMES ' RESPONSE 00/7 17 TO STATEMENT OF THE CASE FILED JUNE 19, 2014 BY APPLICANT-APPELLANT CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL; CERTIFICATE OF SERVICE JUL 08 APPELLEE-INTERVENOR JEFFREY K. DOMES' RESPONSE 0611 18 TO STATEMENT OF THE CASE FILED JUNE 19, 2014 BY APPLICANT-APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES; CERTIFICATE OF SERVICE JUL 10 AMENDED NOTICE OF HEARING REGARDING APPELLEE 0016) 19 DEPARTMENT OF PLANNING, COUNTY OF HAWAI ' I 'S MOTION TO DISMISS FILED JUNE 27, 2014; CERTIFICATE OF SERVICE {OLID HRG: 7/30/14; NEW HRG: 8/22/14 AT 8 : 00 A.M. BEFORE JUDGE IBARRA( # 44 COMPUTERIZED INDEX 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 JUL 11 APPELLEE WINDWARD PLANNING COMMISSION, COUNTY O Da D 20 (1) OF HAWAI ' I ' S MOTION TO QUASH OR CORRECT THE ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL AS TO TAPE RECORDINGS AND TRANSCRIPTS OF ALL EXECUTIVE SESSION HEARINGS AND MEETINGS DATED JUNE 9, 2014; MEMORANDUM IN SUPPORT OF MOTION; DECLARATION OF COUNSEL; NOTICE OF HEARING; CERTIFICATE OF SERVICE JUL 11 (HRG: 7/29/14 AT 8 : 00 A.M. BEFORE JUDGE IBARRA) 20 (2) JUL 14 SUPPLEMENTAL CERTIFICATE OF SERVICE (RE: APPELLEES ooar 21 SIDNEY FUKE AND TERENCE T. YOSHIOKA' S ANSWER TO NOTICE OF APPEAL TO CIRCUIT COURT; STATMENT OF THE CASE BY COMMUNITY BASED EDUCATION SUPPORT SERVICES AND CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL) JUL 22 APPELLEE-INTERVENOR JEFFREY K. GOMES' MEMORANDUM dG'aZ 22 IN SUPPORT OF APPELLEE WINDWARD PLANNING COMMISSION AND INTERVENOR SANDRA SONG'S MOTION TO DISMISS SANDRA SONG AS A PARTY TO THE AGENCY APPEAL FILED JUNE 9, 2014 BY APPLICANT-APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES; EXHIBIT "A" ; CERTIFICATE OF SERVICE R JUL 22 STIPULATIONIAND TORDER AMENDING THE JHEARING�A) 23 (1) REGARDING APPELLEE DEPARTMENT OF PLANNING, COUN'T'Y OF HAWAII 'S MOTION TO DISMISS FILED JUNE 27, 2014 AND APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII, AND INTERVENOR-APPELLEE SANDRA SONG' S MOTION TO DISMISS FILED JULY 7, 2014, FROM AUGUST 22, 2014 TO AUGUST 19, 2014; CERTIFICATE OF SERVICE JUL 22 (OLD HRG: 8/22/14; NEW HRG: 8/19/14 AT 8 : 30 A.M. 23 (2) BEFORE JUDGE IBARRA) # #5 COMPUTERIZED INDEX 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 JUL 22 STIPULATION AND ORDER AMENDING THE HEARING naafi- 24 (1) REGARDING APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII ' S MOTION TO QUASH OR CORRECT THE ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL AS TO TAPE RECORDINGS AND TRANSCRIPTS OF ALL EXECUTIVE SESSION HEARINGS AND MEETINGS DATED JUNE 9, 2014, FROM JULY 29, 2014 TO SEPTEMBER 26, 2014 JUL 22 (OLD HRG: 7/29/14; NEW HRG: 9/26/14 AT 8 : 00 A.M. 24 (2) BEFORE JUDGE IBARRA) JUL 22 STIPULATION AND ORDER TO CONTINUE THE DEADLINE FOR C'0'2s 25 CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL FROM JULY 31, 2014 TO NOVEMBER 1, 2014 JUL 23 APPELLEE-INTERVENOR JEFFREY K. DOMES' STATEMENT OF 00 & 26 (1) NON-OPPOSITION TO APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI ' I' S MOTION TO QUASH OR CORRECT THE ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL AS TO TAPE RECORDINGS AND TRANSCRIPTS OF ALL EXECUTIVE SESSION HEARING AND MEETINGS DATED JUNE 9, 2014, FILED JULY 11, 2014 ; CERTIFICATE OF JUL 23 SERVICE 26 (2) (HRG: 714 AT 8 : 00 A.M. BEFORE JUDGE JUL 28 APPELLEE/S29/ FUKE AND TERENCE T. YOSHIO A'S L����] 27 (1) MEMORANDUM IN SUPPORT OF APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI ' I' S MOTION TO QUASH OR CORRECT THE ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL AS TO TAPE RECORDINGS AND TRANSCRIPTS OF ALL EXECUTIVE SESSION HEARINGS AND MEETINGS DATED JUNE 9, 2014 AND STATEMENT OF NON-APPEARANCE; CERTIFICATE JUL 28 OF SERVICE 27 (2) (HRG: 9/26/14 AT 8 : 00 A.M. BEFORE JUDGE IBARRA) #6 COMPUTERIZED INDEX 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 JUL 28 APPELLEES SIDNEY FUKE AND TERENCE T. YOSHIOKA' S nc.2'� 28 MOTION FOR SUMMARY JUDGMENT; MEMORANDUM IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT; AFFIDAVIT OF SIDNEY FUKE; AFFIDAVIT OF TERENCE T. YOSHIOKA, EXHIBIT A; NOTICE OF HEARING; CERTIFICATE OF SERVICE (HRG: 8/19/A4 AT 8;30 A.M. BEFORE JUDGE IBARRA) JUL 28 APPELLEES SIDNEY FUKE AND TERENCE T. YOSHIOKA' S G c'Zq 29 MEMORANDUM IN SUPPORT OF APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII, AND INTERVENOR-APPELLEE SANDRA SONG'S MOTION TO DISMISS FILED JULY 7, 2014 ; CERTIFICATE OF SERVICE (OLD HRG: AUGUST 22, 2014; NEW HRG: AUGUST 19, 2014 8 : 30 A.M. JUDGE IBARRA) AUG 06 INTERVENOR-APPELLEE JEFFREY K. DOMES ' MEMORANDUM C7C 30 IN SUPPORT OF APPELLEES SIDNEY FUKE AND TERENCE T. YOSHIOKA'S MOTION FOR SUMMARY JUDGMENT FILED JULY 28, 2014; CERTIFICATE OF SERVICE (HRG: AUGUST 19, 2014 8 :30 A.M. JUDGE IBARRA) AUG 06 SUPPLEMENTAL AFFIDAVIT OF TERENCE T. YOSHIOKA, 0� �� 31 EXHIBIT A (RE: APPELLEES SIDNEY FUKE AND TERENCE T YOSHIOKA'S MOTION FOR SUMMARY JUDGMENT) (HRG: AUGUST 19, 2014 8 :30 A.M. JUDGE IBARRA) AUG 07 APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF 32 HAWAII AND INTERVENOR-APPELLEE SANDRA SONG, IN HER CAPACITY AS HEARING OFFICER'S STATEMENT OF NO POSITION AS TO APPELLEE DEPARTMENT OF PLANNING, COUNTY OF HAWAI 'I 'S MOTION TO DISMISS FILED JUNE 27, 2014, CERTIFICATE OF SERVICE AUG 07 APPELLEE DEPARTMENT OF PLANNING, COUNTY OF J 33 HAWAI ' I' S STATEMENT OF NO POSITION AS TO APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII, AND INTERVENOR-APPELLEE SANDRA SONG'S MOTION TO DISMISS FILED JULY 7, 2014; CERTIFICATE OF SERVICE #7 COMPUTERIZED INDEX 3CC14-1-040223 06-09-2414 CIVIL 02 PAGE 2014 AUG 07 APPELLEE DEPARTMENT OF PLANNING, COUNTY OF oo 34- 34 HAWAI ' I' S STATEMENT OF NO POSITION AS TO APPELLEES SIDNEY FUKE AND TERENCE T. YOSHIOKA' S MOTION FOR SUMMARY JUDGMENT FILED JULY 28, 2014; CERTIFICATE OF SERVICE AUG 11 APPELLANT COMMUNITY BASED EDUCATION SUPPORT ���'�� 35 SERVICES ' MEMORANDUM IN OPPOSITION TO APPELLEE DEPARTMENT OF PLANNING, COUNTY OF HAWAII, FILED ON JUNE 27, 2014; EXHIBITS "1, " -"2 ; " DECLARATION OF TED H.S. HONG; CERTIFICATE OF SERVICE AUG 11 APPAUGUST ELLANTNlOJUDGE COMMUITYBASEDEDUCATIONSUPPORA) T 36 SERVICES ' MEMORANDUM IN OPPOSITION TO APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII, AND INTERVENOR-APPELLEE SANDRA SONG'S MOTION TO DISMISS FILED ON JULY 7, 2014 ; EXHIBITS "l, "-113 ; " DECLARATION OF TED H.S. HONG; CERTIFICATE OF SERVICE (HRG: 8/19/14 AT 8 :30 A.M. JUDGE IBARRA) ****FOR FURTHER ENTRIES, SEE FILE NO. 2**** #1 COMPUTERIZED INDEX VOL. 2 3CC14-1-000223 06-09-2014 CIVIL 02 COMMUNITY BASED EDUCATION SUPPHONG, TED H S A3569 AGENCY APPEAL 503 CONNECTIONS NEW CENTURY PUBLICSIU, CARTER K. K. S . A7313 WINDWARD PLANNING COMMISSION, PATEL, DANNY A9578 DEPARTMENT OF PLANNING, COUNTY SANDRA SONG, IN HER CAPACITY A JEFFREY GOMES, INTERVENOR MATSUKAWA, MICHAEL J A1885 SIDNEY FUKE, INTERVENOR' S REPROKAMOTO, ALAN M A1826 TERENCE YOSHIOKA, INTERVENOR'SOKAMOTO, ALAN M A1826 PAGE 2014 AUG 11 ****FOR PRIOR ENTRIES, SEE FILE NO. 1**** 1 APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES ' MEMORANDUM IN OPPOSITION TO APPELLEES SIDNEY FUKE AND TERRANCE T. YOSHIOKA AND JEFFREY DOMES' MOTION FOR SUMMARY JUDGMENT FILED ON JULY 28, 2014 ; EXHIBITS "l, "-"4 ; " DECLARATION OF TED H.S . HONG; CERTIFICATE OF SERVICE (HRG: AUGUST 19, 20148 : 30 A.M. JUDGE IBARRA) AUG 11 CERTIFICATE OF SERVICE (RE: SUPPLEMENTAL AFFIDAVIT C}� �J�1 2 OF TERENCE T. YOSHIOKA, EXHIBIT A) MAILED ON AUGUST 7, 2014 AUG 13 APPELLEE DEPARTMENT OF PLANNING, COUNTY OF 3 HAWAI' I 'S REPLY TO APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES ' MEMORANDUM IN OPPOSITION TO APPELLEE DEPARTMENT OF PLANNING, COUNTY OF HAWAI'I 'S MOTION TO DISMISS FILED ON JUNE 27, 2014 , FILED AUGUST 11, 2014; CERTIFICATE OF SERVICE (HRG: AUGUST 19, 2014 8 :30 A.M. JUDGE IBARRA) AUG 14 APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF 0 0 4U 4 (1) HAWAII, AND INTERVENOR-APPELLEE SANDRA SONG, IN HER CAPACITY AS HEARING OFFICER' S REPLY TO APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES' MEMORANDUM IN OPPOSITION TO APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII, AND INTERVENOR-APPELLEE SANDRA SONG' S MOTION TO DISMISS FILED ON JULY 7, 2014, FILED AUGUST 11, AUG 14 2014; CERTIFICATE OF SERVICE 4 (2) (HRG: AUGUST -19, 20-14 8 :30 A.M. JUDGE IBARRA) #2 COMPUTERIZED INDEX VOL. 2 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 AUG 14 APPELLEES TERENCE T. YOSHIOKA AND SIDNEY FUKE' S �C��' 5 MEMORANDUM IN RESPONSE TO APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES' MEMORANDUM IN OPPOSITION TO APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII, AND INTERVENOR-APPELLEE SANDRA SONG' S MOTION TO DISMISS FILED ON AUGUST 11, 2014; CERTIFICATE OF SERVICE (HRG: 8/19/14 8 :30 A.M. JUDGE IBARRA) AUG 14 APPELLEES TERENCE T. YOSHIOKA AND SIDNEY FUKE' S 6 MEMORANDUM IN RESPONSE TO APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES' MEMORANDUM IN OPPOSITION TO APPELLEES SIDNEY FUKE AND TERRANCE T. YOSHIOKA AND JEFFREY GOMES' MOTION FOR SUMMARY JUDGMENT FILED ON AUGUST 11, 2014; CERTIFICATE OF SERVICE (HRG: AUGUST 19, 2014 8 :30 A.M. JUDGE IBARRA) AUG 14 APPELLEE DEPARTMENT OF PLANNING, COUNTY OF (�C3 7 (1) HAWAI ' I ' S STATEMENT OF NO POSITION AS TO APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI ' I ' S MOTION TO QUASH OR CORRECT THE ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL AS TO TAPE RECORDINGS AND TRANSCRIPTS OF ALL EXECUTIVE SESSION HEARINGS AND MEETINGS DATED JUNE 9, 2014, FILED JULY 11, 2014; CERTIFICATE OF AUG 14 SERVICE 7 (2) (HRG: SEPTEMBER 26, 2014 8 : 00 A.M_ JUDGE IBARRA) AUG 25 INDEX TO RECORD ON APPEAL; WINDWARD PLANNING �?(�� 8 COMMISSION SECRETARY' S CERTIFICATE; CERTIFICATE OF SERVICE *****2 BOXES IN MPR ROOM***** AUG 28 NOTICE OF SUBMISSION OF ORDER GRANTING APPELLEE ��4 �� 9 WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI' Z AND INTERVENOR-APPELLEE SANDRA SONG' S MOTION TO DISMISS FILED ON JULY 7, 2014; EXHIBIT "A" ; CERTIFICATE OF SERVICE #3 COMPUTERIZED INDEX VOL. 2 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 AUG 28 NOTICE OF SUBMISSION OF ORDER GRANTING APPELLEE D4[p 10 DEPARTMENT OF PLANNING, COUNTY OF HAWAI ' I ' S MOTION TO DISMISS FILED ON JUNE 27, 2014 ; EXHIBIT "A" ; CERTIFICATE OF SERVICE SEP 03 NOTICE OF SUBMISSION; EXHIBITS "A"-"B" ; 47-7 11 CERTIFICATE OF SERVICE (ORDER GRANTING APPELEES SIDNEY FUKE AND TERENCE T. YOSHIOKA`S MOTION FOR SUMMARY JUDGMENT; JUDGMENT PURSUANT TO ORDER GRANTING APPELEES SIDNEY FUKE AND TERENCE T. YOSHIOKA' S MOTION FOR SUMMARY JUDGMENT) /l SEP 15 APPELLANT COMMUNITY BASED EDUCATION SUPPORT ocA 12 (1) SERVICES ' MEMORANDUM IN OPPOSITION TO APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII ' S, MOTION TO QUASH OR CORRECT THE ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL AS TO TAPE RECORDINGS AND TRANSCRIPTS OF ALL EXECUTIVE SESSION HEARINGS AND MEETINGS DATED JULY 11, 2014, FILED ON AUGUST 14, 2014; EXHIBITS SEP 15 "1, "-"2 ; " DECLARATION OF TED H.S. HONG; 12 (2) CERTIFICATE OF SERVICE (HEARING: SEPTEMBER 26, 2014 AT 8 : 00 A.M. BEFORE JUDGE IBARRA) SEP 22 ORDER GRANTING APPELLEE WINDWARD PLANNING � 13 COMMISSION, COUNTY OF HAWAII AND INTERVENOR- APPELLEE SANDRA SONG' S MOTION TO DISMISS FILED ON JULY 7, 2014 SEP 22 ORDER GRANTING APPELLEE DEPARTMENT OF PLANNING C GT' U 14 COUNTY OF HAWAI' I 'S MOTION TO DISMISS FILED ON JUNE 27, 2014 SEP 22 ORDER GRANTING APPELLEES SIDNEY FUKE AND TERENCE Fr 51 15 T. YOSHIOKA'S MOTION FOR SUMMARY JUDGMENT SEP 22 JUDGMENT PURSUANT TO ORDER GRANTING APPELLEES ���5 16 SIDNEY FUKE AND TERENCE T. YOSHIOKA' S MO'T'ION FOR SUMMARY JUDGMENT #4 COMPUTERIZED INDEX VOL. 2 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 SEP 23 APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF QQ�53 17 (1) HAWAI' I 'S REPLY TO APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES ' MEMORANDUM IN OPPOSITION TO APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI ' I'S MOTION TO QUASH OR CORRECT THE ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEAL AS TO TAPE RECORDINGS AND TRANSCRIPTS OF ALL EXECUTIVE SEP 23 SESSION HEARINGS AND MEETINGS DATED JUNE 9, 2014, 17 (2) FILED SEPTEMBER 15, 2014; CERTIFICATE OF SERVICE (HEARING: SEPTEMBER 26, 2014 AT 8 : 00 A.M. BEFORE II�� JUDGE IBARRA) Q�u�`t 18 SEP 24 CERTIFICATE OF SERVICE [RE: ORDER GRANTING APPELLEE DEPARTMENT OF PLANNING, COUNTY OF HAWAI ' I' S MOTION TO DISMISS FILED ON JUNE 27, 2014, FILED SEPTEMBER 22, 20141 SEP 25 APPELLANT'S EX PARTE MOTION TO EXTEND TIME TO FILE 19 OPENING BRIEF; DECLARATION OF TED H.S. HONG; ORDER GRANTING APPELLANT'S EX PARTE MOTION TO EXTEND TIME TO FILE OPENING BRIEF; CERTIFICATE OF SERVICE SEP 25 CERTIFICATE OF SERVICE [RE: ORDER GRANTING 20 APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII, AND INTERVENOR-APPELLEE SANDRA SONG' S MOTION TO DISMISS FILED ON JULY 7, 2014, FILED SEPTEMBER 22, 20141 -7 SEP 26 CERTIFICATE OF SERVICE (RE: ORDER GRANTING D 51 21 APPELLEES SIDNEY FUKE AND TERENCE T. YOSHIOKA' S MOTION FOR SUMMARY JUDGMENT AND JUDGMENT PURSUANT TO ORDER GRANTING APPELLEES SIDNEY FUKE AND TERENCE T. YOSHIOKA' S MOTION FOR SUMMARY JUDGMENT) SEP 30 ORDER GRANTING IN PART APPELLEE WINDWARD PLANNING o � �$ 22 COMMISSION, COUNTY OF HAWAI ' I ' S MOTION TO QUASH OR CORRECT THE ORDER FOR CERTIFICATION AND TRANSMISSION OF RECORD ON APPEALS AS TO TAPE RECORDINGS AND TRANSCRIPTS OF ALL EXECUTIVE SESSION HEARINGS AND MEETING DATED JUNE 9, 2014 45 COMPUTERIZED INDEX VOL. 2 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 OCT 24 APPELLANT' S SECOND EX PARTE MOTION TO EXTEND TIME 23 TO FILE OPENING BRIEF; DECLARATION OF TED H.S. HONG; ORDER GRANTING APPELLANT'S SECOND EX PARTE MOTION TO ESTEND TIME TO FILE OPENING BRIEF; CERTIFICATE OF SERVICE (EXTENDED TO 11/24/14) OCT 30 INTERVENOR-APPELLEE DOMES ' OBJECTION TO APPELLANT Oc)&o 24 COMMUNITY BASED EDUCATION SERVICES EX PARTE MOTION FOR LEAVE TO FILE OPENING BRIEF IN EXCESS OF 35 PAGES; CERTIFICATE OF SERVICE OCT 31 APPELLANT COMMUNITY BASED EDUCATION SUPPORT �� � 25 SERVICES ' EX PARTE MOTION FOR LEAVE TO ALLOW APPELLANT TO FILE ITS OVER-LENGTH OPENING BRIEF; DECLARATION OF TED H.S. HONG; ORDER GRANTING APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVIES ' EX PARTE MOTION FOR LEAVE TO ALLOW APPELLANT TO FILE ITS OVERLENGTH OPENING BRIEF; CERTIFICATE OF SERVICE OCT 31 ORDER FOLLOWING IN CAMERA REVIEW OF DOCUMENTS V2_ 26 SUBMITTED NOV 21 APPELLANT' S THIRD EX PARTE MOTION TO EXTEND TIME d oc� 3 27 TO FILE OPENING BRIEF; DECLARATION OF TED H.S. HONG; ORDER GRANTING APPELLANT'S THIRD EX PARTE MOTION TO EXTEND TIME TO FILE OPENING BRIEF; CERTIFICATE OF SERVICE (EXTENDED FROM: NOVEMBER 24, 2014 TO: DECEMBER 24, 2014) *****FOR FURTHER ENTRIES SEE FILE NO. 3***** #1 COMPUTERIZED INDEX VOL. 3 3CC14-1-000223 06-09-2014 CIVIL 02 COMMUNITY BASED EDUCATION SUPPHONG, TED H S A3569 AGENCY APPEAL 503 CONNECTIONS NEW CENTURY PUBLICSIU, CARTER K. K. S. A7313 WINDWARD PLANNING COMMISSION, PATEL, DANNY A9578 DEPARTMENT OF PLANNING, COUNTY SANDRA SONG, IN HER CAPACITY A JEFFREY DOMES, INTERVENOR MATSUKAWA, MICHAEL, J A1885 SIDNEY FUKE, INTERVENOR'S REPROKAMOTO, ALAN M A1826 TERENCE YOSHIOKA, INTERVENOR'SOKAMOTO, ALAN M A1826 PAGE 2014 NOV 26 *****FOR PRIOR ENTRIES SEE FILE NO. 2***** 1 NOTICE OF DISASSOCIATION OF COUNSEL MARGARET K. 006 4- MASUNAGA; CERTIFICATE OF SERVICE DEC 01 ORDER ON EXECUTIVE SESSION MINUTES Do &5 2 DEC 02 INTERVENOR-APPELLEE JEFFREY K. DOMES' MOTION (1) 3 (l) TO STRIKE NOTICE OF APPEAL AND JOINDER FILED BY CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL (FILED JUNE 19, 2014) (2) TO DISMISS SAID NOTICE OF APPEAL AND (3) FOR SUMMARY JUDGMENT AGAINST CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL ON ITS NOTICE OF APPEAL (FILED JUNE 19, 2014) ; MEMORANDUM IN SUPPORT OF MOTION, CERTIFICATE OF DEC 02 SERVICE 3 (2) (HRG: JANUARY 6, 2015 10 : 00 A.M. JUDGE IBARRA) DEC 11 INTERVENOR-APPELLEE JEFFERY K. DOMES ' MOTION (1) O06P7 4 (l) TO DISMISS NOTICE OF APPEAL TAKEN BY APPLICANT- APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES (FILED JUNE 9, 2014) AND (2) FOR SUMMARY JUDGMENT ON SAID NOTICE OF APPEAL; MEMORANDUM IN SUPPORT OF MOTION; DECLARATION OF MICHAEL J. MATSUKAWA; APPENDICES "I" TO "5" ; NOTICE OF HEARING MOTION; CERTIFICATE OF SERVICE DEC 11 (HRG: FEBRUARY 10, 2015 8 : 00 A.M. JUDGE IBARRA) 4 (2) DEC 18 ORDER TO FILE EXECUTIVE SESSION MINUTES UNDER SEAL D oiQg 5 (OF JANUARY 10, 2013, MARCH 7, 2013, AND MAY 1, 2014 TO BE FILED UNDER SEAL) DEC 18 DOCUMENTS FILED UNDER SEAL ,,Soo / (EXECUTIVE SESSION MINUTES OF JANUARY 10, 2013; EXECUTIVE SESSION MINUTES OF MARCH 7, 2013 ; EXECUTIVE SESSION MINUTES OF MAY 1, 2014) ******PLACED IN LOCKED CABINET****** # #2 COMPUTERIZED INDEX VOL. 3 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 DEC 22 APPLICANT-APPELLANT CONNECTIONS NEW CENTURY PUBLIC 00194 6 CHARTER SCHOOL'S EX PARTE MOTION TO EXTEND TIME FOR FILING OF OPENING BRIEF; DECLARATION OF CARTER K. SIU; ORDER GRANTING APPLICANT-APPELLANT CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL' S EX PARTE MOTION FOR FILING OF OPENING BRIEF; CERTIFICATE OF SERVICE DEC 23 APPELLANT COMMUNITY BASED EDUCATION SUPPORT 0070 7 (1) SERVICES' MEMORANDUM IN OPPOSITION TO INTERVENOR-APPELLEE JEFFREY K. GOMES ' MOTION (1) TO STRIKE NOTICE OF APPEAL AND JOINDER FILED BY CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL (FILED JUNE 19, 2014) (2) TO DISMISS SAID NOTICE OF APPEAL AND (3) FOR SUMMARY JUDGMENT AGAINST NEW CENTURY PUBLIC CHARTER SCHOOL ON ITS NOTICE OF DEC 23 APPEAL (FILED JUNE 19, 2014) FILED ON DECEMBER 2, 7 (2) 2014 ; DECLARATION OF TED H.S. HONG; EXHIBIT A; CERTIFICATE OF SERVICE (HEARING: JANUARY 02, 2015 AT 10 : 00 A.M. BEFORE JUDGE IBARRA) DEC 24 APPELLANT COMMUNITY BASED EDUCATION SUPPORT 007 1 8 SERVICES ' OPENING BRIEF; APPENDIX "1, "-"4; " CERTIFICATE OF SERVICE DEC 26 NOTICE OF APPEARANCE OF COUNSEL FOR APPELLEE 0072 9 WINDWARD PLANNING COMMISSION, COUNTY OF HAWAII; CERTIFICATE OF SERVICE (DANNY B. PATEL, ESQ. ) DEC 26 STATEMENT OF NO POSITION OF APPELLEE WINDWARD 007 3 10 (1) PLANNING COMMISSION, COUNTY OF HAWAII, AS TO INTERVENOR-APPELLEE JEFFREY DOMES ' MOTION (1) TO STRIKE NOTICE OF APPEAL AND JOINDER FILED BY CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL (FILED JUNE 19, 2014) , (2) TO DISMISS SAID NOTICE OF APPEAL AND (3) FOR SUMMARY JUDGMENT AGAINST CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL 43 COMPUTERIZED INDEX VOL. 3 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 DEC 26 ON ITS NOTICE OF APPEAL (FILED JUNE 19, 2014) , 10 (2) FILED DECEMBER 2, 2014; CERTIFICATE OF SERVICE (HEARING: JANUARY 06, 2015 AT 10 : 00 A.M. BEFORE NUDGE IBARRA) DEC 26 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL' S D0�4 10A(1) MEMORANDUM IN OPPOSITION TO INTERVENOR--APPELLEE JEFFREY K. COMES ' MOTION (1) TO STRIKE NOTICE OF APPEAL AND JOINDER FILED BY CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL (FILED JUNE 19) , 2014) (2) TO DISMISS SAID NOTICE OF APPEAL AND (3) FOR SUMMARY JUDGMENT AGAINST CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL ON ITS NOTICE OF DEC 26 APPEAL (FILED JUNE 19, 2014) , FILED DECEMBER 1, 10A(2) 2014 ; CERTIFICATE OF SERVICE (HEARING DATE: 1/6/15 AT 10 :00 A.M. BEFORE JUDGE IBARRA) (FILED EX-OFFICIO) DEC 29 APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES ' (CBESS) FOURTH EX PARTE MOTION TO EXTEND TIME TO FILE OPENING BRIEF; DECLARATION OF TED H.S. HONG; ORDER GRANTING APPELLANT'S FOURTH EX PARTE MOTION TO EXTEND TIME TO FILE OPENING BRIEF; CERTIFICATE OF SERVICE (EXTENDED FROM 12/24/14 TO 2/24/14) DEC 31 INTERVENOR-APPELLEE JEFFREY COMES ' REPLY TO UD�I� 12 (1) OPPOSITION FILED BY APPLICANT-APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES AND BY CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TO INTERVENOR-APPELLEE JEFFREY COMES ' MOTION TO STRIKE NOTICE OF APPEAL AND JOINDER FILED BY CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL, TO DISMISS SAID NOTICE OF APPEAL AND FOR SUMMARY # #4 COMPUTERIZED INDEX VOL. 3 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2014 DEC 31 JUDGMENT AGAINST CONNECTIONS NEW CENTURY PUBLIC 12 (2) CHARTER SCHOOL; EXHIBIT "l; " CERTIFICATE OF SERVICE (HEARING DATE: 1/6/15 AT 10 :00 A-M. BEFORE JUDGE IBARRA) 2015 JAN 08 APPELLANT COMMUNITY BASED EDUCATION SUPPORT 13 SERVICES' EX PARTE MOTION FOR LEAVE TO ALLOW APPELLANT TO FILE ITS OVER-LENGTH REPLY BRIEF; DECLARATION OF TED H.S. HONG; ORDER GRANTING APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES ' EX PARTE MOTION FOR LEAVE TO ALLOW APPELLANT TO FILE ITS OVER-LENGTH REPLY BRIEF; CERTIFICATE OF SERVICE JAN 16 STATEMENT OF NO POSITION OF APPELLEE WINDWARD 14 (1) PLANNING COMMISSION, COUNTY OF HAWAII, AS TO INTERVENOR-APPELLEE JEFFREY K. COMES' MOTION (1) TO DISMISS NOTICE OF APPEAL TAKEN BY APPLICANT- APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES (FILED JUNE 9, 2014) AND (2) FOR SUMMARY JUDGMENT ON SAID NOTICE OF APPEAL FILED DECEMBER 11, 2014; CERTIFICATE OF SERVICE JAN 16 (HRG: FEBRUARY 10, 2015 8 : 00 A.M. JUDGE IBARRA) 14 (2) JAN 22 INTERVENOR-APPELLEE JEFFREY K. COMES ' EX PARTE DOI 15 MOTION TO EXTEND TIME TO FILE ANSWERING BRIEF; DECLARATION OF MICHAEL J. MATSUKAWA; CERTIFICATE OF SERVICE JAN 28 EX PARTE MOTION OF APPELLEE WINDWARD PLANNING oogb 16 (1) COMMISSION, COUNTY OF HAWAI ' T, TO EXTEND TIME FOR FILING OF ANSWERING BRIEF TO APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES ' OPENING BRIEF; DECLARATION OF COUNSEL; ORDER GRANTING EX PARTE MOTION OF APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI ' I, TO EXTEND TIME FOR FILING OF ANSWERING BRIEF TO APPELLANT COMMUNITY BASED #5 COMPUTERIZED INDEX VOL. 3 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2015 JAN 28 EDUCATION SUPPORT SERVICES ' OPENING BRIEF; 16 (2) CERTIFICATE OF SERVICE JAN 28 ORDER GRANTING INTERVENOR-APPELLEE JEFFREY K. UAO 17 GOMES ' EX PARTE MOTION TO EXTEND TIME TO FILE ANSWERING BRIEF (EXTENDED UNTIL MARCH 3, 2015) JAN 30 APPELLANT COMMUNITY BASED EDUCATION SUPPORT 18 (1) SERVICES ' MEMORANDUM IN OPPOSITION TO INTERVENOR-APPELLEE JEFFREY K. DOMES ' MOTION (1) TO DISMISS NOTICE OF APPEAL TAKEN BY APPLICANT- APPELLANI' COMMUNITY BASED EDUCATION SUPPORT SERVICES (FILED JUNE 9, 2014) AND (2) FOR SUMMARY JUDGMENT ON SAID NOTICE OF APPEAL, FILED ON DECEMBER 11, 2014; DECLARATION OF TED S. HONG; JAN 30 DECLARATION OF CHRISTINE PERIATT; EXHIBITS A-B; 18 (2) CERTIFICATE OF SERVICE (HEARING: FEBRUARY 10, 2015 AT 8 : 00 A.M. BEFORE JUDGE IBARRA) FEB 05 ORDER DENYING INTERVENOR-APPELLEE JEFFREY K. 19 (1) DOMES ' MOTION (1) TO STRIKE NOTICE OF APPEAL AND JOINDER FILED BY CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL (FILED JUNE 19, 2014) (2) TO DISMISS SAID NOTICE OF APPEAL AND (3) FOR SUMMARY JUDGMENT AGAINST CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL ON ITS NOTICE OF APPEAL (FILED JUNE 19, 2014) , FILED DECEMBER 1, 2014 AND TO AMEND CAPTION FEB 05 (HEARING: JANUARY 06, 2015 AT 10 : 00 A.M. BEFORE 19 (2) JUDGE IBARRA) FEB 06 INTERVENOR-APPELLEE JEFFREY K. GOMES ' REPLY TO oo94 20 (1) APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES' MEMORANDUM IN OPPOSITION TO INTERVENOR-APPELLEE JEFFREY K. DOMES ' MOTION (1) TO DISMISS NOTICE OF APPEAL TAKEN BY APPLICANT-APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES (FILED JUNE 9, 2014) AND (2) FOR SUMMARY JUDGMENT ON SAID NOTICE OF APPEAL, FILED ##6 COMPUTERIZED INDEX VOL. 3 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2015 FEB 06 JANUARY 30, 2015; APPENDICES "6" TO 1-1011 ; 20 (2) CERTIFICATE OF SERVICE (HEARING: FEBRUARY 10, 2015 AT 8 : 00 A.M. BEFORE JUDGE IBARRA) FEB 17 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL'S Dogs 21 OPENING BRIEF; CERTIFICATE OF SERVICE (FILED EX OFFICIO) ***FOR FURTHER ENTRIES SEE FILE NO. 4*** # #1 COMPUTERIZED INDEX VOL. 4 3CC14-1-000223 06-09-2014 CIVIL 02 COMMUNITY BASED EDUCATION SUPPHONG, TED H S A3569 AGENCY APPEAL 503 CONNECTIONS NEW CENTURY PUBLICSIU, CARTER K. K. S. A7313 WINDWARD PLANNING COMMISSION, PATEL, DANNY A9578 DEPARTMENT OF PLANNING, COUNTY SANDRA SONG, IN HER CAPACITY A JEFFREY DOMES, INTERVENOR MATSUKAWA, MICHAEL J A1885 SIDNEY FUKE, INTERVENOR'S REPROKAMOTO, ALAN M A1826 TERENCE YOSHIOKA, INTERVENOR'SOKAMOTO, ALAN M A1826 PAGE 2015 FEB 26 ***FOR PRIOR ENTRIES SEE FILE NO. 3*** 1 INTERVENOR-APPELLEE JEFFREY K. DOMES' ANSWERING BRIEF TO OPENING BRIEF OF APPLICANT-APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES FILED DECEMBER 24, 2014; APPENDICES "1" TO "6" ; CERTIFICATE OF SERVICE MAR 03 ORDER DENYING INTERVENOR-APPELLEE JEFFREY K. O��j-7 2 GOMES ' MOTION (1) TO DISMISS NOTICE OF APPEAL TAKEN BY APPLICANT-APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES (FILED JUNE 9, 2014) AND (2) FOR SUMMARY JUDGMENT ON SAID NOTICE OF APPEAL, FILED ON DECEMBER 11, 2014 MAR 05 INTERVENOR-APPELLEE JEFFREY K. DOMES ' ANSWERING Q� 3 BRIEF TO CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL'S OPENING BRIEF FILED FEBRUARY 17, 2015; APPENDICES "1, "2, " 114" AND 116" ; CERTIFICATE OF SERVICE MAR 10 APPELLANT COMMUNITY BASED EDUCATION SUPPORT r o g q 4 SERVICES ' REPLY BRIEF; CERTIFICATE OF SERVICE MAR 13 ANSWERING BRIEF OF APPELLEE WINDWARD PLANNING 00c/0 5 COMMISSION, COUNTY OF HAWAI' I; APPENDICES "A"-"F" ; CERTIFICATE OF SERVICE MAR 19 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL'S 6C�)C 1 6 REPLY BRIEF; CERTIFICATE OF SERVICE (FILED EX OFFICIO) MAR 27 APPELLANT COMMUNITY BASED EDUCATION SUPPORT e�?O �L 7 SERVICES ' REPLY BRIEF TO APPELLEE WINDWARD PLANNING COMMISSION'S ANSWERING BRIEF FILED ON MARCH 13 , 2015 ; CERTIFICATE OF SERVICE MAR 27 WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI ' I 'S Oc'R 3 8 ANSWERING BRIEF TO CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL' S OPENING BRIEF FILED FEBRUARY 17, 2015 ; CERTIFICATE OF SERVICE # #2 COMPUTERIZED INDEX VOL. 4 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2015 APR 01 NOTICE OF STATUS CONFERENCE OC'g4 9 APR 09 CONNECTIONS2015 NEW CENTURY PUBLIC CHARTER SCHOOL' S o O q � 10 REPLY BRIEF TO WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI' I ' S ANSWERING BRIEF; CERTIFICATE OF SERVICE (FILED EX OFFICIO) APR 24 ORDER SETTING ORAL ARGUMENT 6>0 q& 11 (HRG: 5/29/15 AT 9 : 00 A.M. PRESIDING JUDGE DIVISION 3) JUN 22 NOTICE OF SUBMISSION OF DECISION AND ORDER e?v q_7 12 AFFIRMING WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI ' I 'S FSNDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING SPECIAL PERMIT APPLICATION NO. 12-138 AND FINAL JUDGMENT; EXHIBIT "A" ; CERTIFICATE OF SERVICE JUN 24 FIRST AMENDED CERTIFICATE OF SERVICE 0019 13 [RE NOTICE OF SUBMISSION OF DECISION AND ORDER AFFIRMING WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI ' I ' S FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING SPECIAL PERMIT APPLICATION NO. 12-138 AND FINAL JUDGMENT FILED JUNE 22, 20151 JUL 14 DECISION AND ORDER AFFIRMING WINDWARD PLANNING CC) tq7 14 COMMISSION, COUNTY OF HAWAI' I ' S FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER DENYING SPECIAL PERMIT APPLICATION NO. SPP 12-138 JUL 14 FINAL JUDGMENT D / O O 15 JUL 28 NOTICE OF ENTRY OF FINAL JUDGMENT 0101 16 JUL 28 MAILED/DELIVERED COPIES OF THE NOTICE OF ENTRY OF JUDGMENT TO PARTIES THEREIN #21 COMPUTERIZED INDEX VOL. 4 3CC14-1-000223 06-09-2014 CIVIL 02 2015 PAGE AUG 4 NOTICE OF APPEAL AND EXHBITS"A" - "B" ; CERTIFICATE OF 010.2- 17 SERVICE; PROOF OF SERVICE AUG 04 FIRST AMENDED NOTICE OF APPEAL AND EXHIBITS 010 3 i8 "A, "-"B; " CERTIFICATE OF SERVICE; PROOF OF SERVICE (EFILED IN CAAP-15-0000556, 8/4/15, 1: 30 P.M. ) SEP 02 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL' S 01 !� 19 EX PARTE MOTION TO EXTEND TIME IN WHICH TO FILE NOTICE OF APPEAL; DECLARATION OF CARTER K. SIU; EXHIBITS "A" - "B; " ORDER GRANTING CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL' S EX PARTE MOTION TO EXTEND TIME IN WHICH TO FILE NOTICE OF APPEAL; CERTIFICATE OF SERVICE (EXTENDED TO 9/11/15) SEP 14 ***RECEIVED FROM INTERMEDIATE COURT OF APPEALS*** dl 20 NOTICE OF APPEAL; EXHBITS "A"-"B; " CERTIFICATE OF SERVICE (E-FILED IN CAAP-15-0000556) SEP 14 ***RECEIVED FROM INTERMEDIATE COURT OF APPEALS*** O!D(p 21 NOTICE OF APPEAL; EXHIBITS "A"- "B; " CERTIFICATE OF SERVICE (E-FILED IN CAAP-15-0000665) k, ✓ # #1 COMPUTERIZED INDEX VOL. 5 3CC14-1-000223 06-09-2014 CIVIL 02 COMMUNITY BASED EDUCATION SUPPHONG, TED H S A3569 AGENCY APPEAL 503 CONNECTIONS NEW CENTURY PUBLICSIU, CARTER K. K. S . A7313 WINDWARD PLANNING COMMISSION, SELF, AMY GAIL A7628 DEPARTMENT OF PLANNING, COUNTY SANDRA SONG, IN HER CAPACITY A JEFFREY GOMES, INTERVENOR MATSUKAWA, MICHAEL J A1885 SIDNEY FUKE, INTERVENOR' S REPROI{AMOTO, ALAN M A1826 TERENCE YOSHIOKA, INTERVENOR" SOKAMOTO, ALAN M A1826 PAGE 2015 NOV 10 *****FOR PREVIOUS ENTRIES SEE FILE NO 4***** 0107 1 ORDER GRANTING IN PART THE OCTOBER 14 , 2015 MOTION (EFILED IN CARP-15-0000556, 11/4/15, 11 : 14 A.M. ) DEC 18 ORDER OF CORRECTION 0108 2 (EFILED IN GAAP-15-0000556, 12/16/15, 9 : 10 A.M. ) DEC 18 ORDER GRANTING NOVEMBER 11, 2015 MOTION TO 0109 3 SUPPLEMENT THE RECORD ON APPEAL (EFILED IN CAAP-15-0000556, 12/15/15, 9 : 25 A.M. ) DEC 18 ORDER GRANTING THE OCTOBER 6, 2015 MOTION FOR 0110 4 CONSOLIDATION OF CAAP-15-0000556 AND CAAP-15-0000665 UNDER CRAP-15-0000556 (EFILED IN CAAP-15-0000665, 12/15/15 , 1 : 08 P.M. ) DEC 18 ORDER GRANTING THE OCTOBER 6, 2015 MOTION FOR 0111 5 CONSOLIDATION OF CRAP-15-0000556 AND CAAP-15-0000665 UNDER CAAP-15-0000556 (EFILED IN CARP-15-0000556, 12/15/15, 1 : 16 P.M. ) 2016 APR 22 ORDER DISMISSING APPEAL FOR LACK OF APPELLATE 0112 6 JURISDICTION (EFILED IN CRAP-15-0000556, 4/19/16, 8 : 06 A.M. ) MAY 20 NOTICE OF SUBMISSION OF AMENDED FINAL JUDGMENT; 0113 7 EXHIBIT "A" ' CERTIFICATE OF SERVICE MAY 24 APPELLANCE COMMUNITY BASED EDUCATION SUPPORT 0114 8 SERVICES ' NOTICE OF SUBMISSION OF FIRST AMENDED FINAL JUDGMENT; EXHIBIT "l; " CERTIFICATE OF SERVICE MAY 31 INTERVENOR-APPELLEE JEFFREY K. COMES ' OBJECTIONS 0115 9 TO FORM OF JUDGMENT FILED BY APPLICANT-APPELLANT COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) ON MAY 24 , 2016 ; CERTIFICATE OF SERVICE # #2 COMPUTERIZED INDEX VOL. 5 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2016 AUG 01 ORDER DISMISSING APPEAL FOR LACK OF APPELLATE 0116 10 JURISDICTION (EFILED IN GAAP-15-0000665, 7/27/16, 2 : 49 P.M. ) SEP 12 APPELLANT COMMUNITY BASED EDUCATION SUPPORT 0117 11 SERVICES ` NOTICE OF SUBMISSION OF FIRST AMENDED FINAL JUDGMENT; EXHIBIT "1" ; CERTIFICATE OF SERVICE SEP 15 APPELLANT COMMUNITY BASED EDUCATION SUPPORT 0118 12 SERVICES ' NOTICE OF SUBMISSION OF SECOND AMENDED FINAL JUDGMENT; EXHIBIT "1" ; CERTIFICATE OF SERVICE SEP 26 APPELLEE WINDWARD PLANNING COMMISSION, COUNTY 0119 13 OF HAWAI ' I ' S WITHDRAWAL (DANNY B. PATEL, ESQ. ) AND SUBSTITUTION (ANGELIC M. HO, DEPUTY CORPORATION COUNSEL) OF COUNSEL; ORDER SEP 28 NOTICE OF SUBSTITUTION OF COUNSEL FOR APPLICANT- 0120 14 APPELLANT CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL; CERTIFICATE OF SERVICE (CARTER K. SIU, ESQ. , WITHDRAWS; GREGG M. USIRODA, DEPUTY ATTORNEY GENERAL APPEARS) SEP 29 CERTIFICATE OF SERVICE 0121 15 [RE : APPELLEE WINDWARD PLANNING COMMISSION, COUNTY OF HAWAI ' I ' S WITHDRAWAL AND SUBSTITUTION OF COUNSEL; ORDER, FILED SEPTEMBER 26, 20161 OCT 07 APPELLANT COMMUNITY BASED EDUCATION SUPPORT 0122 16 SERVICES ' THIRD NOTICE OF SUBMISSION OF FIRST AMENDED FINAL JUDGMENT; EXHIBIT "1; " CERTIFICATE OF SERVICE OCT 26 FIRST AMENDED FINAL JUDGMENT 0123 17 NOV 16 NOTICE OF ENTRY OF JUDGMENT 0124 18 NOV 16 MAILED/DELIVERED COPIES OF THE NOTICE OF ENTRY OF JUDGMENT TO PARTIES THEREIN # ##3 COMPUTERIZED INDEX VOL. 5 3CC14-1-000223 06-09-2014 CIVIL 02 PAGE 2016 NOV 16 NOTICE OF APPEAL, EXHIBITS "A" - "B" ; CERTIFICATE OF 0125 19 SERVICE (EFILED IN GAAP-16-0000813 , 11/16/16 , 11 : 14 A.M. ) DEC 08 APPLICANT-APPELLANT CONNECTIONS NEW CENTURY PUBLIC 0126 19 (A) CHARTER SCHOOL' S MOTION TO EXTEND DEADLINE TO FILE NOTICE OF APPEAL; MEMORANDUM IN SUPPORT OF MOTION; DECLARATION OF GLADYS L. CROWDER, DECLARATION OF GREGG M. USHIRODA; EXHIBITS 1-3 ; NOTICE OF HEARING OF MOTION AND CERTIFICATE OF SERVICE (HRG: DECEMBER 22 , 2016 8 : 30 A.M. JUDGE FUJINO) (FILED EX OFFICIO) DEC 09 INTERVENOR-APPELLEE JEFFREY GOMES ' RESPONSE TO 0127 20 APPLICANT-APPELLANT NEW CENTURY PUBLIC CHARTER SCHOOL' S MOTION TO EXTEND DEADLINE TO FILE NOTICE OF APPEAL FILED DECEMBER 8 , 2016; EXHIBITS "A, " "B" AND "C; " CERTIFICATE OF SERVICE (HRG: DECEMBER 22 , 2016 8 : 30 A.M. JUDGE FUJINO) DEC 13 APPLICANTS-APPELLANTS COMMUNITY BASED EDUCATION 0128 21 SUPPORT SERVICES ' STATEMENT OF NO POSITION AND NON-APPEARANCE TO APPLICANT-APPELLANT CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOLS ' MOTION TO EXTEND DEADLINE TO FILE NOTICE OF APPEAL FILED ON DECEMBER 8 , 2016 ; CERTIFICATE OF SERVICE (HRG: DECEMBER 22 , 2016 8 : 30 A.M. JUDGE FUJINO) DEC 22 ORDER GRANTING APPLICANT-APPELLANT CONNECTIONS NEW 0129 22 CENTURY PUBLIC CHARTER SCHOOL' S MOTION TO EXTEND DEADLINE TO FILE NOTICE OF APPEAL FILED DECEMBER 8 , 2016 (HEARING DATE: 12/22/16 @ 8 : 30 AM JUDGE FUJINO) DEC 28 NOTICE OF APPEAL; EXHIBITS "A" - "C" ; CERTIFICATE OF 0130 23 SERVICE (EFILED IN CARP-16-0000879, 12/23/16 , 1 : 33 P.M. ) 0 # 425 COMPUTERIZED INDEX VOL. 6 3CC14-1-000223 06-09-2014 CIVIL 02 COMMUNITY BASED EDUCATION SUPPHONG, TED H S A3569 AGENCY APPEAL 503 CONNECTIONS NEW CENTURY PUBLICSIU, CARTER K. K. S . A7313 WINDWARD PLANNING COMMISSION, SELF, AMY GAIL A7628 DEPARTMENT OF PLANNING, COUNTY SANDRA SONG, IN HER CAPACITY A JEFFREY COMES, INTERVENOR MATSUKAWA, MICHAEL J A1885 SIDNEY FUKE, INTERVENOR' S REPROKAMOTO, ALAN M A1826 TERENCE YOSHIOKA, INTERVENOR' SOKAMOTO, ALAN M A1826 PAGE 2017 JAN 13 ***FOR PRIOR ENTRIES, SEE FILE NO. 5*** 1 SECOND AMENDED FINAL JUDGMENT 0131 FEB 07 NOTICE OF APPEAL; EXHIBITS "A" - "B" ; CERTIFICATE 0132 2 OF SERVICE (E-FILED IN THE INTERMEDIATE COURT OF APPEALS UNDER CAAP-17-0000050 ON 01/31/17) FILED IF County of Hawai`i SITE 0 HAWAII Windward Planning Commission 101 Pauahi Street, Suite 3 ?014 AW 25 FM 1: 44 Hilo, Hawaii 96720-4224 Telephone: (808) 961-8288 Facsimile: (808) 961-8742 L £�nY CLERK . Appellee IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII COMMUNITY BASED EDUCATION CIVIL NO. 14-1-0223 SUPPORT SERVICES, (Agency Appeal) Applicant-Appellant, INDEX TO RECORD ON APPEAL; vs. WINDWARD PLANNING COMMISSION SECRETARY'S CERTIFICATE; WINDWARD PLANNING COMMISSION, CERTIFICATE OF SERVICE COUNTY OF HAWAII: DEPARTMENT OF PLANNING, COUNTY OF HAWAII, Appellees, and SANDRA SONG, in her capacity as Hearing Officer; JEFFREY GOMES, Intervenor; SIDNEY FUKE, Intervenor's Representative; TERENCE YOSHIOKA, Intervenor's Representative, Intervenor-Appellees. INDEX TO RECORD ON APPEAL CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY BASED EDUCATION SUPPORT SERVICES SPP 12-000138 Tax Map Key: (3) 2-5-006:141 Pates FILE 1 OF 8 1. PC Application Intake Form 1 2. 7/25/12 Letter from Ted Hong to Planning Department submitting Special Permit Application 2-327 3. 7/26/12 Email from Sue Lee Loy agreeing to time extension for agency reviews 328 4. 7/31/12 Planning Director acknowledges receipt of Application 329-331 5. 7/31/12 Planning Director's Memo to Agencies for comments 332 6. 8/2/12 Department of Environmental Management's comments 333 7. 8/8/12 Letter from Ted Hong to Planning Department regarding notice to surrounding property owners 334-349 8. 8/8/12 Fire Department's comments 350-358 9. 8/9/12 Department of Health's comments 359-362 10. 8/13/12 Police Department's comments 363 11. 8/15/12 Letter from Ted Hong to Planning Department regarding sign posting; Exhibits 1-6 364-373 12. 8/28/12 State DLNR's comments with attachments from Divisions of Forestry and Wildlife and Engineering(reed 8/29/12) 374-379 13. 8/28/12 Department of Public Works' comments 380 14, 8/28/12 State DLNR's comments with attachments from Divisions of Forestry and Wildlife and Engineering (rec'd 9/19/12) 381-386 15. 8/29/12 Department of Water Supply's comments 387-388 2 16. 9/10/12 Copy of Ted Hong's letter to Department of Environmental Management 389 17. 9/10/12 Copy of Ted Hong's letter to Fire Department 390 18. 9/10/12 Copy of Ted Hong's letter to Department of Environmental Management 391 19. 9/10/12 Copy of Ted Hong's letter to Department of Health 392 20. 9/18/12 Copy of DPW-Traffic Division's memo to Kelly Gomes, DPW-Engineering Division 393 21. 9/21/12 Copy of Ted Hong's letter to Department of Water Supply 394 22. 9/20/12 Copy of Ted Hong's letter to Police Department 395 23. 9/28/12 Copy of Ted Hong's letter to DLNR, Forestry And Engineering Division 396-397 24. 9/28/12 Copy of Ted Hong's letter to DLNR, Engineering Re: water demands and calculations 398 25. 10/2/12 DLNR's letter regarding intent to lease State Land 399 26. 10/3/12 Copy of letter by Celia Shen/Wil Chee Engineering to DLNR Historic Preservation Division 400 27. 10/3/12 Office of Planning's comments 401-404 28. 10/9/12 Email from Allen Novak 405 29. 10/9/12 Letter from Tara M. Riley 406 30. 10/11/12 Email from HI RR/Janice and Harold Caravalho 407 31. 10/12/12 Email from Stephanie Lee (Ivan Mochida) 408 32, 10/12/12 Email from Ming Peng, M.D. 409 33. 10/12/12 Email from Ruth Perreira 410 34. 10/12/12 Email from Ruth Ferreira correcting street in earlier email 411 3 35. 10/12/12 Planning Director's letter to Ted Hong notifying of Commission's 11/9/12 meeting 412-416 FILE 2 OF 8 36. 10/15/12 Letter from Ted Hong to Planning Department re: additional information for mavka parcel 417-418 37. Planning Department's Background Report 419-772 38. Planning Department's Recommendation Report 773-787 39. 10/15/12 Email from Janey Ebesu 788-790 40, 10/16/12 Email from Patsy Iwasaki 791-793 41. 10/18/12 Ted Hong's letter to Police Department regarding vandalism, hate crime 794-799 42. 10/19/12 Ted Hong's letter to Planning Director filing first notice to surrounding property owners re: 11/9/12 hearing 800-818 43. 10/21/12 Email from Shawn Paiva 819-820 44. 10/21/12 Email from Jan Yokoyama 821-822 45, 10/23/12 Hawaii Tribune-Herald Article 823-824 46. 10/23/12 Press Release by Ted Hong 825-826 47. 10/23/12 Copy of Ted Hong's letter to Jan Yokoyama 827 48. 10/23/12 Copy of Ted Hong's letter to Paul "Scotty"Paiva 828 49, 10/24/12 Email from Henry Lee Loy, M.D. with copy 829-830 50. 10/24/12 Email from Mark Chun 831 51. 10/24/12 Email from Brice Takata 832 52. 10/24/12 Email from Nelson Nishimoto 833 53. 10/25/12 Email from Elise Yamamoto 834 54. 10/25/12 Email from Steven Sakata 835 4 55. 10/25/12 Letter from Elsie Miyazono 836 56. 10/25/12 Copy of Ted Hong's letter to Dr. Ming Peng 837 57, 10/25/12 Copy of Ted Hong's letter to Patsy Y. Iwasaki 838 58. 10/25/12 Copy of Ted Hong's letter to Janice and Harold Caravalho 839 59. 10/25/12 Copy of Ted Hong's letter to Janey Ebesu 840 60. 10/25/12 Steven Sakata's comments and transmittal of Shelly Cravalho-Wagner's testimony 841-842 61. 10/28/12 Letter from Cyril Pahinui 843 62. 10/29/12 Email from Sue Lee Loy re: update of BLNR hearing 844 63. 10/29/12 Copy of Ted Hong's letter to Elise Yamamoto 845 64. 10/29/12 Letter from Sawyer Salfen 846 65. 10/29/12 Two letters from Janice Harvey of Gemini Observatory with copy 847-848 66. 10/29/12 Letter from Ted Hong regarding amended and revised notice to surrounding property owners 849-867 67, 10/29/12 Copy of Ted Hong's letter to Dr. Brice Takata 868 68. 10/29/12 Copy of Ted Hong's letter to Mark Chun and Marianne Takamiya 869 69, 10/29/12 Copy of Ted Hong's letter to Nelson and Patti Nishimoto 870 70. 10/29/12 Copy of Ted Hong's letter to Tara Riley 871 71. 10/29/12 Copy of Ted Hong's letter to Steven Y. Sakata 872 72. Undated Letter from Carol Trousdale 873 73. 10/30/12 Letter from Maleah Wenzel 874 74. 10/30/12 Letter from Gary Murai 875-876 75. 10/30/12 Letter from Asia Helfrich 877 5 76. 10/30/12 Letter from Maui Arcuri 878 77. 10/30/12 Letter from Jessica Ogawa (submitted at 11/9112 hearing) 879-880 78. Planning Department's Revised Recommendation 881-896 79. 10/31/12 Letter from Thien Huynh 897 80. 10/31/12 Letter from Clement Pacheco 898 81, 1111112 Letter from Darius Kalvaitis 899 82. 11/1/12 Letter from Maya Soetoro Ng 900 83. 11/1/12 Letter from Zakiya Smith 901 84. 11/1/12 Letter from Kahu Kris Kua 902 85. 11/1/12 Letter from Zakiya Smith 903 86. 11/1/12 Letter from Rebecca Romeo 904 87, 11/1/12 Letter from Brian Herr 905 88. 11/1/12 Letter from Thomas Wallace 906 89. 11/1/12 Letter from Vanessa Flores 907 90. 11/1/12 Letter from Shone K. Mandaloniz 908 91. 11/1/12 Letter from Megan Mulvaney 909 92. 11/1/12 Letter from Alexis Pagan 910 93. 1111/12 Letter from Elizabeth B. Jenkins (Wiragocha Foundation) 911 FILE 3 OF 8 94. 11/2/12 Letter from Ted Hong re: activity report for Connections property 912-1071 95. 1112112 Letter from Anne Raferpity, with copy 1072-1073 96. 11/2112 Letter from Drake Harper, with copy 1074-1075 97. 11/2112 Letter from Thelma Jacob, with copy 1076-1077 6 98. 11/2/12 Letter from Lauryn Amormino, with copy 1078-1081 99. 11/2/12 Packet of letters received from 4"' Graders (Michale, Fa, Talen, Ben, Kiana, Daline, Jette, Jizele, Elijah, Logan, Mekhi, Katy, Korigan, Malati, Trystan, Talon, Dylan, Addiz, Alicia, Malcom, and Jenna) 1082-1102 100. 11/2/12 Letter from Sarah Stevens 1103 101. 11/2/12 Letter from Loretta &Jason Okamoto 1104 102. 11/2/12 Letter from Donald B. Young, Dean at UH Manoa 1105 103. 11/2/12 Letter from Joan Derbyshire 1106 104. 11/2/12 Letter from Thomas Mooney 1107 105, 11/2/12 Letter from Trent Saragosa 1108 106. 11/2/12 Letter from Falaniko Kaleo Ramos 1109 107. 11/2/12 Letter from Leilehua Pakele 1110 108. 11/2/12 Letter from MacKenzie Barona-Kahoonei 1111 109. 11/2/12 Letter from Marcin Enoch 1112 110. 11/2/12 Letter from Naomi Burt 1113 11 l. 11/2/12 Letter from Kyrin Young 1114 112. 11/2/12 Letter from Arcturus Kainalu Yrondi 1115 113. 11/2/12 Letter from Alec Owen 1116 114, 11/2/12 Letter from Sam F. Jenkins 1117 115. 1112112 Letter from Isobelle Tempany 1118 116. 11/2/12 Letter from Carmel Wolff 1119 117. 11/2/12 Letter from Sena Short 1120 118, 11/2/12 Letter from Naomi Lemieux 1121 7 119. 11/2/12 Letter from Noah Siderhurst 1122 120. 11/2/12 Letter from Dakota Kalvaitis 1123 121. 11/2/12 Letter from Talia Rose Liepold 1124 122. 11/2/12 Letter from Skyler De Mello 1125 123. 11/2/12 Letter from Aukoa Marsh 1126 124. 11/2/12 Letter from Joshua Evans 1127 125. 11/2/12 Letter from Hunter Kekoa Cortez 1128 126. 11/2/12 Letter from Mica Sarono 1129 127. 11/2/12 Letter from Kylee Ramirez 1130 128. 11/2/12 Letter from Jadelyn Kaleohano 1131 129. 11/2/12 Letter from Kira Pavao 1132 130. 11/2/12 Letter from Gabriel Quander 1133 131. 11/3/12 Letter from Laie Suganuma 1134-1135 132, 11/4/12 Letter from Judith R. Moniz 1136 133. 11/4/12 Letter from P. Cabral 1137 134. 11/4/12 Letter from Pamela Moniz 1138 135. 11/5/12 Letter from Eric Boyd 1139 136. 11/5/12 Letter from Carol S. Gray 1140 137. 11/5/12 Letter from Ethan Goodman 1141 138. 11/5/12 Letter from Diana Charvea 1142-1143 139. 11/5/12 Letter from Steven Sayre 1144 140. 1115112 Letter from John Thatcher 1145-1147 141. 11/6/12 Letter from Christina V. Taylor 1148 8 142. 11/7/12 Letter from Jesse Watanabe, with copy 1149-1152 143. 11/7/12 Letter from Drake Wilhelm, with copy 1153-1154 144, 11/7/12 Letter from Isaiah Alles-Nekoba, with copy 1155-1156 145. 11/7/12 Letter from Sequoia Johnson, with copy 1157-1158 146. 11/7/12 Letter from Jamelyn llelupeyango, with copy 1159-1160 147. 11/7/12 Letter from Paisley Veilleux, with copy 1161-1162 148. 11/7/12 Letter from Jehinu Ramirez, with copy 1163-1164 149. 11/7/12 Letter from Daniel, with copy 1165-1166 150. 11/7/12 Letter from Drutahi Hancock, with copy 1167-1168 151. 11/7/12 Letter from Ethyn Quirantes, with copy 1169-1170 152. 11/7/12 Letter from Mahealani Joann Sundberg Villiarimo, with copy 1171-1172 153. 11/7/12 Letter from Lanakila Hoelaa FontanilIa, with copy 1173-1174 154. 11/7/12 Letter from Alicia Yamasaki, with copy 1175-1176 155. 11/7/12 Letter from Tanner Ikeda, with copy 1177-1178 156. 11/7/12 Letter from Rikkilynn Surls-Ramirez, with copy 1179-1180 157, 11/7/12 Letter from Derek Kurisu 1181 158. 11/7/12 Letter from Tom Rafftpiy 1182 159. 11/7/12 Letter from Kate Wines 1183 160. 11/7/12 Letter from Kathleen Booth 1184 161. 11/7/12 Letter from Emily Lindstrum 1185 162. 11/7/12 Letter from Noelle Buffett 1186-1187 163. 11/7/12 Letter from Taylor Armormino 1188 164. 11/7/12 Letter from Mesepa Short 1189 9 165. 11/7/12 Letter from Heather McDaniel 1190 166. 11/7/12 Letter from Taylor Schabell 1191 167. 11/7/12 Letter from Seneca Helfrich 1192 168. 11/7/12 Letter from Kaipo Ramos 1193 169. 11/7/12 Letter from Zoe Tong 1194 170. 11/7/12 Letter from Merle Yao 1195 171, 11/7/12 Letter from Gabriel Frazier-Jenkins 1196 172, 11/7/12 Letter from Farrah Jensen 1197 173, 11/7/12 Letter report from Pacific Basin-Hawaii Island 1198-1200 174. 11/8/12 Letter from Council Member Fred Blas 1201 175. 11/8/12 Letter from Kathleen Berg, UH Manoa 1202 176. 11/8/12 Email from Pauline Ke`ala Lee Loy 1203 177. 11/8/12 Letter from Tammy Ramirez 1204-1206 178. 11/8/12 Letter from Dr. Mitchell Anderson, UH Manoa 1207-1209 179. 11/8/12 Letter from Annika Yamasaki, with copy 1210-1211 180. 11/8/12 Letter from Berlinda Sipinga 1212-1213 181. 11/8/12 Letter from Shandon Pestano 1214 182. 11/8/12 Letter from Maia 1215 183. 11/8/12 Letter from Evalani Cosgrove 1216 184. 11/8/12 Letter from Michael Scott 1217 185. 11/8/12 Letter from Sierra Longley Kaaumoana 1218 186. 11/8/12 Letter from Nadine Ching 1219 187. 11/8/12 Letter from Courtney Villanueva 1220 10 188, 11/8/12 Letter from Ipoleiokalani Boyd 1221 189. 11/8/12 Letter from Kimberly Meyers 1222 190, 11/8/12 Letter from Damien DeMello, Jr. 1223 191. 11/8/12 Dr. Carol Zimmerman and David Rudacille 1224 192. 11/8/12 Letter from Mario Patino 1225-1226 FILE 4 OF 8 193. Planning Department's Revised Conditions 1227-1231 Items 194 to 263 were received at the November 9 2012 hearing from: 194. 11/2/13 Rowan A. Kelly 1232 195. 11/2/12 Maelona 1233 196. 11/2/12 Alora 1234 197. 11/2/12 Ben Skope 1235 198. 11/2/12 Riku 1236 199. 11/2/12 Kaishalei 1237 200. 11/2/12 Bridgette 1238 201, 11/2/12 Kainalu 1239 202. 11/2/12 Danny 1240 203. 11/2/12 Kai 1241 204. 11/2/12 Ron 1242 205. 11/2/12 Joshua 1243 206. 11/1/12 Gail Ogawa 1244 207, 11/7/12 Rachel Taylor 1245-1246 208. 11/2/12 Mama Esera 1247 11 209. 11/2/12 Gabrielle Loui 1248 210. 11/2/12 Pamela Thatcher 1249 211. 11/7/12 Sarah Ann Stevenson Radl 1250-1252 212. 11/7/12 Newton Miller 1253 213. 11/8/12 Linda Venenciano, Ph.D./UH Manoa 1254 214. 11/8/12 Dakota Helfrich 1255 215. 11/8/12 Larry Kimura (with biography) 1256-1258 216. 11/8/12 Jonathan Shute, Ph.D. 1259 217. Bridger Jensen 1260 218. 11/8/12 Candace M. Lagasca 1261-1262 219. 11/8/12 Dr. Jason Turner 1263-1266 220. 11/8/12 Loretta A. Crivello I267 221. 11/8/12 Pauline Ke'ala Kealoha Lee Loy 1268-1271 222. 11/9/12 Lauren Keating Wear 1272-1273 223. Pauline Ke'ala Kealoha Lee Loy 1274-1276 224. Pictures taken by Jeff Darrow of over-sized submittals from 11/9/12 hearing 1277-1288 225. Brenda Watanabe 1289 226. Brenda Camacho, M.D. 1290 227. Dr. Neil G. Scott of UH Manoa 1291-1292 228. Parents Teachers Students `Ohana submitting petition in support 1293-1314 229. Terence Yoshioka 1315-1328 230. Mel Yokota 1329-1339 12 231. Henry Lee Loy, M.D. 1340-1345 232. Ming Peng, M.D. 1346-1347 233. Nadezna Lyn `Nalyn' Ang, M.D. 1348-1350 234. Kyra 1351 235. Sidney Fuke 1352-1354 236. Donald Ikeda 1355-1357 237. Marianne Takamiya 1358-1360 238 11/9/12 Chris Brilhante 1361-1362 239. 11/9/12 Mark Chun and Marianne Takamiya 1363-1364 240. 11/9/12 Paul "Scotty" Paiva 1365 241. Layne Novak (and signed petition in opposition) 1366-1413 242. 10/9/12 Wayne Kanemoto 1414 243. Ivan Mochida 1415 244. Aileen Fuke 1416-1420 245. Shawn Paiva 1421 246. Unknown 1422-1424 247. 11/9/12 Robert Wyman 1425 248. Joel Truesdell 1426-1427 249. Karyn N. and Glenn K.Tada 1428-1429 250, Patti Nishimoto 1430 251. Les Sakamoto 1431-1432 252. 11/9/12 Oarlene Wingate 1433 253. 11/9/12 Marylou Meek 1434 13 254. Jennifer Hopkins 1435 255. Joshua Whisler 1436 256. Na.inoa Campbell 1437 257. Jeff Gomes 1438-1439 258. Ryan Kaneko 1440 259. June Sakamoto 1441-1442 260. Wendy Gomes 1443 261. 1119112 Eden C. Patino 1444-1445 262, 10/16/12 Patsy Y. Iwasaki 1446-1447 263, Jeff Gomes' materials 1448-1544 264. 1119112 Voting Sheet of Withdrawn Motion to Approve with Amendment 1545 265. 11/9/12 Voting Sheet to Continue for water calculations and meeting with William Brilhante on extension to Puainako Street 1546 266 11/9/12 Hearing Transcript 1547-1641 267. 11/13/12 Letter to Ted Hong informing of action of 11/9/12 meeting and informing him of next 12/6/12 meeting 1642-1646 268. 11/13/12 Letter to Surrounding Property Owners informing of 11/9/12 meeting 1647-1667 269. 11/13/12 Returned letter addressed to Sandra Sato due to no mail receptacle 1668-1673 270. 11/16/12 Letter to Ted Hong supplementing 11/13/12 letter 1674 271. 11/16/12 Letter from Ted Hong requesting continuance of 12/6/12 hearing 1675-1676 272. 11/21/12 Transmittal from Wil Chee - Planning& Environmental submitting preliminary water consumption estimates 1677-1684 14 273. 11/26/12 Email from Councilman Fred Blas 1685-1686 274. 11/26/12 Returned envelope from Doreen and Tara Leao 1687-1688 275, 11/26/12 Returned envelope from Henry and Norine Okuhara 1689-1690 276. 11/26/12 Returned envelope from Ezekiel Harvey Lui Trust 1691-1692 277. 11/26/12 Returned envelope from David and Lauri Mattos 1693-1694 278. 11/26/12 Returned envelope from Sandra Sato 1695-1696 279. 11/27/12 Letter from Keola Truly Kaua 1697-1698 280. 11/28/12 Letter from Senator Russell E. Ruderman, with copy 1699-1700 281. 11/29/12 Letter to Ted Hong acknowledging receipt of 11/16/12 (reed on 11/26/12) request to continue hearing 1701 FILE 5 OF 8 282. 12/2/12 Letter from Gary Replogle, CSAC, LMHC, with copy 1702-1703 283. 12/4/12 Unknown 1704 284. 12/4/12 Letter from Sam Cooper, with copy 1705-1706 284, 12/4/12 Letter from Alvin Nagasako of HSTA 1707 285. 12/5/12 Letter from Ted Hong requesting postponement of hearing as his office will no longer represent the Applicant and Deputy Attorney General Monica is unable to attend the 12/6/12 meeting 1708-1709 Items 286 to 300 were received at the December 6, 2012 hearine: 286. 12/5/12 Letter from Caleb Valoaga 1710 287. 12/5/12 Letter from Sarah Hubbell 1711 288 12/5/12 Signed petition in support 1712-1715 289. 12/5/12 Information Outreach meetings report 1716-1792 15 290. 12/6/12 Email from Dr. Carol Zimmerman dated 11/8/12 & 12/6/12 1793-1795 291. 11/29/12 Terence Yoshioka 1796-1798 292. 12/5/12 John Thatcher 1799-1801 293. Ming Peng 1802 294. Melvin Yokota 1803-1804 295, Jeff Gomes 1805-1809 296, Matthew J. Medeiros (regarding caves and species) 1810-1811 297. Wendy Gomes 1812-1813 298. Connections School Board Minutes 1814-1819 299. Henry Lee Loy, M.D. 1820-1822 300. Jeff Gomes 1823-1826 301. 12/6/12 Voting Sheet to continue to 1/10/13 meeting 1827 302. 12/6/12 Hearing Transcript 1828-1853 303. 12/10/12 Letter to Monica Morris notifying of Commission action to continue hearing to January and informing her of notification to surrounding property owners 1854-1859 304, 12/20/12 Letter to Monica Morris replacing previously sent 12/10/12 Agenda 1860-1864 305. 12/20/12 Letter to Connections acknowledging receipt of filing fee for continued hearing 1865-1867 306. 12/31/12 Letter from Ted Hong re: notice to surrounding property owners of 1/10/13 hearing 1868-1885 Items 307 to 324 were received at the January 10, 2013 hearinz. 307. 1/8/13 Kaumana Community Informational Outreach meeting 1886-1889 308, Status Report of Community Meeting 1890-1891 16 309. 1/10/13 Robert Wagner 1892-1893 310. 1/10/13 Lee Botelho 1894-1900 311. M. Bishop 1901 312. Terrance Yoshioka 1902-1919 313. Tom Forbes (submitted by Heather McDaniel) 1920 314. June Sakamoto 1921 315. Ming Peng, M.D. 1922 316. Les Sakamoto 1923-1924 317. Jeff Gomes 1925-1926 318. Henry Lee Loy, M.D. 1927 319. Petition objecting to charter school planned on subject Property 1928-1929 320. .teff Gomes with attachments 1930-1931 321. 1/10/13 John Thatcher 1932-1933 322. General Lease No. S-6029 1934-1959 323. Power Point by Sidney Fuke 1960-1999 324, 1/10/13 Letter from Monica Morris, Deputy Attorney General urging a favorable recommendation to the State LUC 2000 325. 1/10/13 Voting Sheet on Motion to Deny 2001 326, 1/10/13 Voting Sheet on Executive Session 2002 327. 1/10/13 Hearing Transcript 2003-2056 328. 1/24/13 Letter to Parties from Windward Planning Commission on 1/10/13 meeting action 2057 17 FILE 6 OF S 329. 2/15/13 Letter to Surrounding Property Owners From Planning Department re: 3/7/13 meeting 2058-2065 330. 2115113 Letter to Monica Morris and Ted Hong re: 3/7/13 meeting 2066-2069 331. 2/19/13 Letter from Ted Hong re: suspension of Findings Of Fact, Conclusions of Law, and Decision and Order 2070 332. 2/28/13 Letter to Ted Hong from Commission concurring suspension Of Findings Of Fact, Conclusions of Law, and Decision and Order 2071 333, 3/1/13 Letter from Monica Morris to join in Ted Hong's 2/19/13 letter 2072-2073 334. 3/4/13 JoNelle Fukushima submitting Petition for Standing in a Contested Case Hearing 2074-2077 335. 3/6/13 Letter from Ted Hong, Updated Status Report 3/13 2078-2096 336, 3/7/13 Sidney Fuke's "Enough Already" Power-point 2097-2121 337. 3/7/13 Jeffrey K. Gomes submitting Petition for Standing in a contested case hearing 2122-2125 338. 3/7/13 Voting Sheet to go into First Executive Session 2126 339. 3/7/13 Voting Sheet to go into Second Executive Session 2127 340. 3/7/13 Voting Sheet to grant standing to Jeffrey Gomes 2128 341. 3/7/13 Voting Sheet on Motion to hire Hearings Officer 2129 342. 3/7/13 Hearing Transcript 2130-2156 343. 3/13113 From Ted Hong on notice of activity related to removal of trash and restoration/reforestation plan 2157-2190 344. 3/21/13 Letter to Parties from Windward Planning Commission regarding 3/7/13 meeting 2191-2192 345. 4/8/13 Letter to Connections re: lost Check No. 8218 2193 346. 4/22/13 Letter to Connections re: lost Check No. 8218 2194 18 347. 5123/13 Letter from Ted Hong regarding activity update of removal of trash and restoration/reforestation plan 2195-2202 348. 5130/13 Planning Director's letter acknowledging receipt of Ted Hong's 5123/13 letter 2203 349. 7112/13 Letter from Windward Planning Commission to parties Re: Sandra Song retained as hearings officer 2204-2205 Submittals by Hearing O rcer Sandra Son Items 350 to 359 350. From Hearing Officer Sandra Song Pleadings 2206-2595 351. From Hearing Officer Sandra Song Transcript Vol. 1, October 21, 2013 2596-2850 352. From Hearing Officer Sandra Song Transcript Vol. II, October 22, 2013 2851-3001 353. From Hearing Officer Sandra Song Transcript Vol. 111, November 12, 2013 3002-3042 354. From Hearing Officer Sandra Song Transcript Vol. IV, January 8, 2014 3043-3185 355. From Hearing Officer Sandra Song Transcript Vol. V, January 22, 2014 3186-3196 356. From Hearing Officer Sandra Song Public Testimony 3196a-3329 357. From Hearing Officer Sandra Song All Parties Exhibits 3330-3474 358. From Hearing Officer Sandra Song Emails 3475-3693 359. From Hearing Officer Sandra Song Misc. Correspondence 3694-3730 FILE 7 OF 8 360. 8/22/13 Letter from Planning Department to Jerry Watanabe/DAGS 3731 confirming reservation of State Building Conference Room for October 21 & 22, 2013 361. 914113 Notice of No Objection to Planning Commission Record; 3732-3735 Certificate of Service(CBESS) w/transmittal 19 362. 9/5/13 Letter from Planning Department to William Brilhante 3736 transmitting disk of revised record file 363. 9/5/13 Letter from Planning Department to Jeffrey Gomes 3737 transmitting disk of revised record file 364. 9/5/13 Letter from Planning Department to Sandra Song 3738 transmitting disk of revised record file 365. 9/5/13 Letter from Planning Department to Carter Siu 3739 transmitting disk of revised record file 366. 1014/13 Joint Submission of Applicant's Exhibit &Witness 3740-3783 Lists (Connections & CBESS) w/email transmittal 367. 10/15/13 Joint Submission of First Amended Witness List 3784-3793 (Connections & CBESS) w/transmittal 368. 10/15/13 Revised Exhibit A-20 (Connections & CBESS) 3794-3797 w/transmittal 369. 10/17/13 Joint Pre-Hearing Brief; Certificate of Service 3798-3817 (Connections & CBESS) w/transmittal 370. 10/21/13 Amended Subpoena for Duane Kanuha (CBESS) 3818-3819 Item Nos. 371 to 377 were received at the October 21 & 22, 2013 hearings 371. "A Project Manager's Review of the Final Environmental 3820-3849 Assessment For the Connections Public Charter School Master Plan"by Melvin H. Yokota, P.E. 372. Testimony by Henry Lee Loy, M.D. 3850-3873 373. Testimony by Terence Yoshioka 3874-3875 374. Testimony by Jan Yokoyama 3876 375. Testimony by Lee Botelho 3877-3908 376. Return of Service Re: Melvin Yokota & Terence 3909-3910 Yoshioka 377. Testimony by Pauline Ke`ala Lee Loy 3911 20 378. 11/4/13 (filed)Petition for Standing in a Contested Case Hearing 3912-3919 by Terence Yoshioka w/Supporting Affidavits by Terence Yoshioka & Jeff Gomes 379. 11/8/13 Applicant CBESS' Memorandum in Opposition to 3920-3953 Petition for Standing in a Contested Case Hearing Filed on November 4, 2013; Declaration of Ted H. S. Hong; Exhibits 1-3; Certificate of Service 380. 11/8/13 Applicant Connections New Century Public Charter 3954-3959 School's Objection to Terence Yoshioka's Petition for Standing in a Contested Case Hearing; Certificate of Service Item Nos. 381 to 389 were received at the November 12, 2013 HearinP 381. Written Final Testimony of Terence Yoshioka 3960-3969 382. Testimony by Melvin Yokota 3970 383. Testimony by June Sakamoto 3971-3979 384. Testimony by Clayton Kua 3980 385. Testimony by Larry Kimura 3981 386. Testimony by Henry K. Lee Loy, M.D. 3982-3992 387. Testimony by Pauline Ke`ala Lee Loy 3993-3996 388. Testimony by Dana G. Kenny 3997-4000 389. Testimony by Larry Gering 4001 FILE 8 OF 8 390. 11/8/13 Errata to Applicants Connections New Century 4002-4007 Public Charter School and CBESS Joint Pre-Hearing Brief; Certificate of Service 391. 12/31/13 Email by Ted Hong to Sandra Song, et al. 4008 392. 12/31/13 Email by Sandra Song to Ted Hong, et al. 4009-4010 21 393. 2112/14 Applicants Connection New Century Public Charter 4011-4044 School and CBESS Joint Proposed Findings of Fact, Conclusions of Law, and Decision and Recommendation; Certificate of Service 394. 2/18/14 (filed)Order Adopting Proposed Findings of Fact, Conclusions 4045-4077 Of Law, and Decision and Order Denying Application w/ Certificate of Service (Gomes) 395. 2112/14 Duane Kanuha, County of Hawai`i's Planning Director's 4078-4083 Statement of Taking No Position as to the Submission of Findings of Fact, Conclusions of Law and Decision and Order; Certificate of Service w/transmittal 396. Certificate of Service(duplicate of#394 above) 4084-4085 397. 3113/14 Letter from Ted Hong to Planning Director and 4086 Planning Commission re: providing Hearings Officer an extension of time to prepare Findings of Fact, Conclusions of Law & Decision and Order 398. 417114 Letter to Surrounding Property Owners w/copy to 4087 Parties notifying them of 511114 Windward Planning Commission meeting 399. 5/1114 Public Hearing Notice and list of surrounding 4088-4096 property owners 400. 4/7/14 Hearing Officer's Report w/transmittal 4097-4112 401. Returned mail from Sandra Sato TMK 2-5-027:005 4113-4114 402. 4/17/14 Letter to Daryn Arai from Sandra Song transmitting 4115-4116 Record 403. 4/17/14 Request to Access a Government Record (Hong) 4117-4124 to Stephen Ono 404. 4/17/14 Request to Access a Government Record (Hong) 4125-4132 to Raylene Moses 405. 4/17/14 Request to Access a Government Record (Hong) 4133-4140 to Wally Ishibashi 406. 4/17/14 Request to Access a Government Record (Hong) 4141-4148 to Ronald Gonzales 22 407. 4/21114 Applicants Connection New Century Public Charter 4149-4169 School and CBESS Joint Exceptions to Hearing Officer's Report, Finding of Fact, Conclusions of Law, and Recommendation dated April 7, 2014; Certificate of Service 408. 4/21114 Duane Kanuha, County of Hawaii Planning Director's 4170-4176 Exceptions to Hearings Officer's Report dated April 7, 2014; Certificate of Service w/transmittal 409. 4/21/14 Letter from Ted Hong to Planning Director and Planning 4177-4178 Commission re: request for oral argument 410. 4/28114 Intervenor Jeffrey K. Gomes' Request to Provide Oral 4179-4183 Arguments; Certificate of Service w/transmittal 411. 4/28114 Intervenor Jeffrey K. Gomes' Support Brief or Statement; 4184-4214 Of Hearings Officer's Report dated April 7, 2014; Certificate Of Service, duplicate copy of 4410 above Item Nos. 412- 423 were received at the May 1, 2014 hearing 412. Powerpoint of Oral Argument by Ted Hong 4215-4223 413. Testimony by Norine Okuhara 4224 414. Testimony by(Michael) Bishop 4225-4226 415. Testimony by Donald Ikeda 4227-4231 416. 5/1/14 Testimony by Elizabeth Truesdell 4232 417. 4130/14 Testimony by Pauline Ke`ala Lee Loy 4233 418. Testimony by Henry Lee Loy, M.D. 4234-4235 419. 511114 Testimony by Wayne Kanemoto 4236-4237 420. Testimony by Jeff Gomes 4238-4240 421. Testimony by Joy Mcleod 4241 422. Testimony by Kahio Papalimu 4242 423. Powerpoint by Jeff Gomes 4243-4260 23 424. 5/1/14 Hearing Transcript 5/1/14 4261-4288 425. 5/1/14 Record of Voting(4) 4289-4292 426, 5/1/14 Letter from Windward Planning Commission to 4293-4296 Ted H. S. Hong w/copy to parties re: action at 5/1/14 meeting 427. Returned mail from Dorene and Tara Leao 4297 TMK: 2-5-040:011 428. 5/19/14 Email by Daryn Arai to Ted Hong, et al. 4298 429. Returned mail (unclaimed) from Jeff Gomes 4299 430. 5/19/14 County of Hawaii Windward Planning Commission's 4300-4315 Findings of Fact, Conclusions of Law and Decision and Order; Certificate of Service 24 �1 Adak November 8, 2011 Dear Planning Commission, This letter is written in support of Connections PCS and their plan to build a new campus in Kaumana. I have been a teacher at Connections for one and a half years. 11.ave 13 years teaching experience.I hold a Bachelor's degree in Elementary Education, a Master's degree in Teaching English as a Second Language, and a Ph.D in Sociology of Education. In the time I have spent teaching at Connections, I have been extremely impressed with a number of things: 1. Philosophy.The philosophy of Connections is one of earning. This is to say that deep, conceptual learning takes precedence over rote memorization of meaningless facts. Connections learning is also experiential learning through projects 3n(1 hands on activities.Being part of a charter school that has the vision of this kind of learning is a great experience. 2. Academics.The curriculum at Connections not only follows the Hawaii State Standards, but also the Common Core Standards. Our curriculum is -?gc•rous and demanding.The administration at Connections has put every effort possible into teacher and professional development, as well as curriculum development. Relative to other schools where I have taught, I have not been in a more academically sound environment. I have been extremely impressed with Connections, especially considering the cultural diversity and wide range of proficiency levels of the students attending our school. 3. Teachers and Administration. I have had a chance to be part of a great team. I have found all of the teachers I work with to be very professional,extremely qualified and knowledgeable in their areas of teaching.They are very dedicated to the students of this school.The administration is also dedicated to the students of this school.All they do is for the benefit and learning of our students. 4. Students.The students at Connections are, for the molt part,very good youth.All schools have problems with students. However, at Connections I have been associated with great youth with solid character,a love and excitement for learning, and students who have parents that are dedicated to helping their children and us, as teachers. Currently, our students in K-12 are spread out over two campuses in different location.The need to consolidate our campuses is great, not only for the daily operation of our school b;,;t also for the peer mentoring and other valuable opportunities we would have with our older students helping their younger peers. The project of building a new campus has received opposition. I believe this opposition is selfish, uncaring toward children, and in some cases harassment. Connections PCS is a wonderful school.The agricultural and forestry programs, environment 'awareness programs, land sustainability programs,as well as the Math, Language Arts, and other academic programs we offer our students would be, as you can imagine, greatly enhanced in such a beautiful, peaceful area as Kaumana,which is an agricultural, rural area. As I mentioned, our students would not be a threat to the people and homes in the area any more than the homes that are currently ne,,x any other school. I sincerely hope the Planning Commission will support our school and its students and families in this positive, exciting, and uplifting, effort to benefit our youth by aLowing us to build our new school. Aioha, Jonathan Shute Ph.D S`'Grade Teacher, Connections PCS. X1259 I am a resident in the Hilo area and care very Hauch to see connections school build their desired facility. I recently heard that the residents of the area are worried about students harming their area.These students are not the crowd or type that will cause trouble,and it has recently come to my attention that Connections school was the victim of vandalism from residents that are trying to keep them out!!! The irony of this cannot be overstated. I firmly believe that the school will only increase the value of the neighborhood and that those fighting it are only being resistant to change and development for frivolous purposes.They are likely fighting the same principles that they profess to defend. I strongly support the motion to build the school and believe it will have great benefits to the area,even benefiting the residents that are fighting it. Mahalo and thank you, Bridger.Jensen,APc,CTRs,TRs cell: 808.203.0102 1260 Zcampt/ 2e53 12- 07Z Aa C,�,�Srcz� ��GlfoL�efDY �u�r�Sh ire -/Z--) e--) s arch AZI 4�4 I �vh � Ac Chi(cl�r-ems �h Iry ilk) A-6DZ2-M L November 8,2012 Windward Planning Commission County of Hawal'i Hilo State Office Building 75 Aupunl St. Hilo, HI 96720 Chairman Kern and members of the Windward Planning Commission; My name is Dr.Jason Turner,and I am a resident and homeowner at 12090 Kaumana Drive. My property runs up against the proposed area for development;specifically a portion of the Ohla forest area that was already illegally cleared and fenced by Connections School. First let me say that 1 am adamantly opposed to the proposed development by Connections School at this location in the Kaumana Community,and I will do my best to fully articulate the specifics of my objections. 1) There are already 4 schools searing the Kaumana Community--we do not need another and this proposed development will not serve our children. As an educator, I believe that I know the value of a good Education and the importance of good schools,and I am very happy to report that we already have several serving the Kaumana Community-There are two existing elementary schools(Kaumana Elementary and Desihra Elementary)School,one intermediate school(Hilo Intermediate),and one High School(Hilo High)all located between one and three miles from the proposed Connections development. So as a parent of two, I ask you—who will this proposed development serve? What community is in place to support it? We,the citizens of this Kaumana Community are not asking for another school,and do not believe this school will serve the children of our community. Therefore,we ask that the Windward Planning Commission recommend that the proposed development be move elsewhere; ideally Into a community where schools are lacking,and that would better serve the students already attending the Connections School. 2) The Connections administrators have misled the Kauma na Community with regards to the facts of the proposed development We first learned about this proposed development on June le,2012,the day that contractors hired by Connections School entered my property carry machetes and explaining to my wife and I that a bulldozer would be coming through to clear the property behind our house so that a fence could be put up. When we asked why we were not notified regarding this project,we were contacted by Mr. Eric Boyd,who identified himself as an administrator and a spokesman for the school. Mr. Boyd told me that a fence was being put up for our protection and to let the Kaumana Community know that the project"was going to happen". The next day on lune 19t3', a D-9 Bulldozer(Fig. 1)drove through the property,clearing a 45ft-wide path(Figs 2-4)through the proposed area. When I approached the operator and asked whether he had a permit to clear land, he tailed Connections School and I spoke with Mr. Boyd on site. He explained to me that they did not want to clear the land, but had to in order to erect the fence. I asked to see their permit to clear land,and was told that his lawyer(Attorney Ted Hong)) a/ssJure�d}�him ,.that Dist'a 1263 FILE MPY they did not require a permit to clear land and erect a fence. Later Connections administrators (Thatcher)and Mr. Hong denied that they knew anything about the land clearing and plan to seek reimbursements from their contractors. Said Tong in a Hawaii Tribune Article dated October 23,"We were the victims of a crime,"he said."We didn't know what they were doing.". Apparently Connections School will do anything to get this proposed development competed, whether that means illegally clearing land,misrepresenting their intentions to neighbors and community members,or misrepresenting the truth to the general public. 3) The Ohla forest proposed for development Is an Important habitat for the endangered Hawaiian Hawk and Hawaiian Hoary bat,and Connections School has neglected USFWS recommendations The Hawaiian Hawk and Hawaiian Hoary bat are both listed on the Endangered Species Act of 1973,are endemic to the Hawaiian islands,and represent the only Hawaiian representative of their species. As endanger species, both require special consideration when developing areas throughout their range. For example, he U.S.Department of Fish and Wildlife Service (USFWS) recommends that clearing and grubbing not be undertaken during the Hawaiian Hoary Bat birthing and pup rearing season(May--August)and if clearing is absolutely unavoidable,It Is recommended that a survey be conducted to verify if bats are present. Similarly,clearing and grubbing should also be avoided from March—September,to avoid disturbance to nesting Hawaiian Hawks and their young. Further, if tree clearing must be conducted during this period, It Is recommended that a survey be conducted by a qualified ornithologist to verify if any Hawaiian Hawks are present. By clearing land without a permit with a D9 bulldozer on June 19, 2012,which was during both the Hoary fiat breeding season and Hawaiian [dark nesting season, Connections School violated the recommendations of the U.S. Department of Fish and Wildlife Service which follows the language of recovery plans required by the U.S. Endangered Species Act of 1973. in addition,Connections School did not follow the guidelines of their own Environmental impact Statement(pages 56-57)by not following Mitigation Measures they outline to reduce impacts to these Endangered Endemic Species, but not conducting surveys before land clearing by a qualified marnmalogist,and ornithologist, respectively. Therefore,I strongly recommend that the Windward Planning Commission deny the permit requested by Connections School to develop the proposed Ohia forest in the Kaumana Community. Further, I recommend that the Planning Commission recommend that Connections School identify a location more appropriate for an academic setting,in an area that is underrepresented by local schools, and with a community that supports the measure. Finally, I hope that in the future,when Connections School administrators propose to develop another area in Hawaii,that they do so as good neighbors; utilizing a great amount of communication, following the rules of law,and by always telling the truth. Sincerely, Jason Turner, Resident and Homeowner,1209C Kaumana Dr., Hilo, HI 96720 1264 Figure 1. Photograph of the D9 Bulldozer clearing Ohla forest on June 19,2012(Photo—J.Turner) L ` �J �r 5M Figure 2. Cleared Ohia forest on lune 20,2012- Line represents a 15m wide Path of cleared land around the perimeter of the property. Ohfa trees can be seen among the rubble. (Photo-J.Turner) 1265 w AdIIIL d� Figure 3. Additional view of cleared Ohia forest on lune 20,2022 with Ohia trees found among the rubble.(Photo—J.Turner) F. Figure 4. Second additional view of cleared Ohla forest on June 20,2012 with Ohla trees found among the rubble.(Photo—J.Turner) 1266 �OY. �f,' vbjoZ A, 4"we .�� V,4"j oil, W4/ meq.,. r� BE ;, t -17HE MATCH i ^. Ke'ala Pauline Kealoha Lee Loy u3fi,Nie_ .(.y:'^�_ •y�'?' You ave t w power , f f life. Q- G 11 Join- the registry. Date: Saturday, October 6, 2012 , Time. 10:00•am:to.1-:0a. pm Location: UhiVersity.of Hawaii at Hilo UCB'-127."The,Flsh bowl" s 200 VII.-Kawilr-St. Hilo, Hawaii 95720 1 s " 4-ivy t'}a`l�„k„ ' of afi4�y k: T 1L. `a d 1 -} ash' To join,you only need to be between the ages of to�. '�r. 18-- ,be willing to donate to any pa Ent in meed and meet the health-guidelines.qW 126E { From: Koala Lse Loy keleeloyOksbe.edu Subject- My name is Pauline Keala Kealoha Lee Loy.I regret I am not able to testily in person as I remain in Isolakan at the Queens medical enter while undergoing chemotherapy for acute leukemia I have been an educator for the past 33 years.I commend them... Date: Novembert3.2012 223 PM To: leeloyh0020hawaii.tr corn My name Is Pauline Keala Kealoha Lee Loy. I regret I am not able to testfty in person as I remain in isolation at the Queens medical center while undergoing chemotherapy for acute ieukemla. I have been an educator for the past 33 years.I command them for their dedication.l feel that they deserve a new academic campus,however I feel that this is not a good location for the connections public charter school.Kaumena elementary school is located Just 3110 of a mile from this proposed project and has been servicing the comiriunity for over 100 years. The County of Hawaii planning department says"from a planning perspective,the request has proven to be difficult in arriving at a position we are comfortable with.The greatest difficulty we encountered was determining whether or not this is an appropriate location for a public charter school whose student body largely consists of students who do not five In this particular section of Hilo.Currently there are approximately 50%of the student body coming from the Puna district and approximately 50%corning from different focatlons In South Hilo...in reviewing this land use request for a new K—12 school we considered several factors. One factor is that a K—12 school should be located inclose proximity to where people Ove and near the center of probable student population for the proposed school...A school should not be located In an area where the students live a far distance from the school and require students to be transported via buses or vehiGes_' I believe contrary to the County planning Departmenfe perspective the location of the school would NOT create a better neighborhood and a more livable community as the students will be transported a far distance via buses and vehicles increasing traffic congestion In our neighborhood that is already well served with existing public schools. Again,as an individual dedicated to education in both public and private schools for the last thirty three years. 1 applaud the efforts of charter schools for their diligence In meeting the needs of diverse learners. Indeed 21st Century Learning has gone beyond the traditional classrooms with innovation unlm400d a trite decade ago. What I oppose Is the proposed location of the school. From personal experience,we teach our students to develop a"sense of place"for the community In which you live.That would suggest to me that the school should be located in alignment with pre- dominate demographics of the current student population. Respectfully. Pauline Kerala Kealoha Lee Loy Resident of Mole Manu St. Ke'ala Lee Loy on Pad 2 AOL This message is the property of Kamehameha Schools and any attachments are confidential to the intended recipient at the e- mail address to which it has been addressed.It you are not the intended recipient,you may not copy,forward,dlsciose or use any part of this message or its attachments.If you received this transmission in error please notify the sender immediately by e- 1269 ice_ - � }���1 :"'7.,:.Ci ti.k�:'�'�ht.+`'Lr ew�•L^in.;r�,...- � ..�- +- �L�'Y����h�q•- i0 ° HAWAIISTATE EPNRT T OF E D U C t rt } � i f f A - r t - f' L 1 r � � V �f. November 9,2012 00 LLfI� r•� Re: Connections Public Charter School Dear Planning Commissioners, I am writing you today on behalf of myself,my family, and our son,Kanen and his school, Connections Public Charter School. We are relatively new to the Big Island but I have been looking for a school since we got here. We came in January of 2012 to take care of my in-laws and once we arrived we decided it would be best for us to cal l Hilo our hometown for a while.My son was four and previously enrolled in preschool back in New Jersey where we have lived his entire life. Schools are different in NJ,not necessarily in a worse or better way but there are noticeable differences that I became aware of quickly after deciding to make this our new home. I am an educator and have been planning my sons' education since before he was born. I taught kindergarten and have always been a big fan,of the public school systems,that is, until we moved here. The testing scores were awful,the dropout rates were horrendous,and there was most likely going to be problems with other students. I thought,we can't move here,there is no where I can send him. This was on my mind constantly for months.I needed a private school but without the expensive price tag. I enrolled my son into gymnastics so that he could have a great workout and I could begin my networking with other parents to see where they were sending their children. Almost instantly I became a gymnastics mom with other moms that had already given me a few schools they recommended with Connections Public Charter School being at the top of the list.I thought what,I hadn't heard of this school,and I started to wonder what all the hype was about. That same week,I decided to pay an impromptu visit to Connections to see what everyone was talking about Upon my arrival,I was welcomed with smiles,and a friendly tour of the building. Everyone seemed so nice and tight knit.I was shocked. How could I have almost missed this school?I had to get my son in right away! Unfortunately, when I asked to sign him in,there was a waiting list, a very long waiting list. In the meantime, I started weighing the pros and cons on this school. Con-there would be safety concerns such as the busy street out front,and the hundreds of cars flying through the parking lot in front of the Kress building. Con-It's a public building open during school hours with a restaurant in the front,really a restaurant?Con-It's in a Tsunami evacuation zone,this one really bothered 1-ne and lastly the fact that the children have to walk through busy streets and the town just to get to the nearest park so that they can have physical education.Pro-The curriculum they were using, such as Measure Up for math. Pro-Small hands on classrooms where you child is not just a name or a number, they are unique talented individuals that are guided not pushed through school. Pro-They are a huge Q'hana that looks out for your child and helps them excel in every way possible. SCANN ;: i��tl t j L�11 1272 I was so upset,I decided to fill out the papers,and hand them in and hope for the best.In July,I returned back to New Jersey for the fear of not having a good school to send him to. I called Connections everyday to see if he had moved up the list at all and everyday it was the same answer,no. I kept thinking there must be a reason this school has a waiting list.Everyone had the same thought as l did, close knit community with the private school feel but the DOE support. I had decided that we were not coming back to Hilo, and we would stay in NJ, that is until I received the call on July 28''.It was a phone call saying Kanen got into Kindergarten and would start next week! My husband was still in Hilo working so when he got the phone call,he immediately booked us a flight back.We made it back just in time for his first day of school. Kanen took his first day of school better than 1 did,I cried,he did not. He had a wonderful first day;he loved his classroom, his teacher and all of his classmates.Being a kindergarten teacher I knew this first week would be crucial,they cry,they want their mommy and daddy;they want to be anywhere but there with you. I was beyond elated when my son said he loved his school!11 thought,I won,I chose a school where he would fit in,where be would flourish every day,and where he was special! The Kaumana project has not only made these children excited for their future but it has given these students hope to have their own school and not a rented building in the middle of town. Finally,a school where they can learn and play safely without the concerns of danger. A home for their educational family to grow for years upon years. These children aren't asking for a new playground or a new piece of grass to play on,#hese children are looking for a SCHOOL where their talents can be harvested and grown so that they can be respectful,honorable citizens of society when they grow older. I sure know my son will be and with the right chance and opportunity all of his classmates will be able to too. I know that many people don't like change and I know that our project is not a small one, but I am certain that these families can look within themselves and see an amazing thing they would be doing for our children by allowing this project to move forward. I thought about bringing my son in to testify here today,but then I thought, he is 5 years old and honestly doesn't need to know any of this is going on. He needs to go to school and stay focused on the positive not all the uegative surrounding his educational institution I am certain this project is heading in a positive direction and I hope that you do too. On behalf of my son,a kindergartener, and my family we ask you to strongly think about the pros and coins and help our school move forward to bigger and brighter days! We all deserve a positive educational experience in a facility that is a safe and learning friendly,especially our future leaders. I appreciate your time, Mahalo, Lauren Keating Wear 1273 r' ■ BE941THE MATCHe Ke'ala Pauline Kealoha Lee Loy Employed at Kamehameha Schools and a Former teacherwith the DOE, Ke'ala was recently diagnosed with acute ys myeloid leukemia and needs a bone marrow transplant. : .:"''' Thousands cf patients depend on the Be The Match Registry ; to find a donor who can give T=� t,. them the chance for a cure. Jain us. Save lives. You have i power save a life . KA Join.-the registry. Date: Saturday,.October b, 2012' . Time: 3.0:00:am.to 3.:00'pm Location: University_ ofHawaii at Hilo UCB f 27 "The Fishbowl". 200 VII: Kawili St. T f;, F k ; ; A Hilo Hawaii 96720 ��b�t�►d�'��.t��r=,V���'µ X, I I -R6y. Xo'nasbii=p ,4 r To join,you only need to be between the ages of "M-1yidi' shij d@- bM, p oi-g k t,. �r t 18-i ,.be willing to donate to any patient In need and meet the health guidelines, h -`Tg_ ■A 1274 r v POW �r7 AT Q HAWAII S �; EPARTMENT OF s f. PPPr t # f ' f i M �r j r ' i CN t� ZIP '� L t , r � 1 277 d 3. / y�S �{`f'r � L'1. 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OMEpIMG fNCIN7NN fir, 6-,.Pfe PAPCU SUE SEemm 1286 +L)86 Alk J a y O O 4 N c s a o ~ W H ' � a In a cra z s z O E to °� v uu o6 LU z R z Vpp qq 8 O m 2 „ s Q C Q 11! O tic',-� - --•.,� ..- �'--.. ._.._ _..,_ -- —---- � . F. CL F- CO) J Y ny ' 01 1287 r>r� 7. Conceptual Rendering - Elementary Classroom Building S it tl Conceptual Rendering - Elementary/Intermedlate Art and Music Buildings e rs F� 3S'F I` y k•�;; ',�s.''4': 14 4:i: n:b.'�t� `— 5 INa^,;�. Msl: - ?�,--�!�`� i Conceptual Rendering - intermediate Classroom Building and Agriculture 1288 Aloha, My name is Brenda Watanabe and I am a parent of two children at Connections Public Charter School. I am in the professional of early childhood education where I hold graduate and undergraduate degrees in education. I currently work as a manager with an agency that ptovides training and scholarship to teachers working with young children as well as manage the state registry mandated for all staff who work in licensed child care centers. r First all, I'd like to thank everyone present forthe opportunity speak not only on behalf of Connections,but also for mychildren. I appreciate everyone's shared desire to do the best for their family,whether it's supporting your children,or maintaining a lifestyle or neighborhood,or jug#looking forward to abetter future. Whatever our differences,we share a common wlshW for our familiestosucceeci. Because when families are successful, communities thrive. With that in mind, I'd like to share my families'story. i have 6 children,of which my older 3 are adults. One has his master's in psychology and is a school counselor,anothershall be graduating next month with his master's in engineering,and another served his country in the military and has-since ended his service and shall be starting college next fall. All went to a private school where they did well. So when the opportunity came for my a son to attend the same private school, I thought it was a great way to continue the family tradition. My son has been at Connections for 6 years where he was articulate,confident, car)ng,and thoughtful. However,when he went to this new school,it wasn't a good fit. He struggled to adapt. And it took a heavy toll on him and ultimately our family. By the end of the year,my caring son had turned into this monster. He was stressed,frustrated, he was yelling at us,threatening to kill himself. For the first time,I experienced the fear that my child was heading to a delinquent—that he would be a liability to the community. At the end of the school year,I approached Mr.Thatcher at Connections and asked If my son could return to Connections. He was welcomed back and told he was missed. He thrived again. He once again was in a supportive environment.He learned new skills and found a passion:Music. He combined his love of history and music and is working on a documentary of the steel guitar for his senior project. He reflected upon his experiences and struggles and matured in his perspective. He aow preaches on the virtues of early childhood education and good parenting. We have our caring,confident and thoughtful son back, So this school year,his senior year,the private school invited him back.last Spring,as he was seriously considering the invitation,he attended the Connections'graduation ceremonies for his friends. And it suddenly hit him...he felt"connected"to this school and he wanted to grAduate from here. The school really lived up to its name. In the Spring, he shall be graduating.This Is just one story of a family striving to succeed. I ask you take this into consideration when developing your attitudes and ultimately making decisions. We are not just"those people"or"that schoo!"...we are families with stories of challenges and accomplishments. We have the same hopes and dreams for our children and for abetter future. My wish is for the school and community to work together so both sides benefits. please consider working together, 1289 Dear Chairman Kerns and Members of the Windward Planning Commission, My name is Brenda Camacho and I am a resident and homeowner within 1000 feet of the proposed school. As a pediatrician, I know the importance of an education and the educational opportunities offered at the Connections Charter School are not being questioned here today. However, I agree with the many concerns over the adverse traffic, adverse environmental, and safety impacts that will occur with this project in Kauinana. This proposed school campus is too large for the infrastructure of this community and should not be built. Many will speak about the traffic and safety concerns, yet, there is even more concern for the lack of adequate water for the school and its students. Based on the information contained in the application, the project will require over 26,000 gallons of water per day. The existing County water system will be able to,supply 4200 gallons per day to the school which is less than 20% of the required amount. How are they going to acquire the remaining 22,000 gallons they need per day? The applicant proposes to implement a water catchment system to obtain the remaining 22,000 gallons per day. That is an incredible amount of water. Hilo receives 130 inches of rain per year. At one third of an inch of rain per day, the school would need 102,000 square feet of roof surface to collect this amount of water. And they must collect every drop. Another option would be to build a new water system. If the County Council approved an "Improvement District," the majority of the neighbors would have to agree to help fund a larger water system and pay for it. A new well with a sizeable holding tank and a sophisticated pumping system to deliver the water would cost in excess of 2.5 million dollars. At this time, there is no community support for the school and I'm sure no support for increasing our water bill to fund this. Connections Charter School deserves to have a facility; however, the Kaumana infrastructure is grossly inadequate in terms of roadways and water supply to support such a campus. I humbly ask for your consideration of these issues and to deny this application. Thank you for your time and attention. Sincerely, . Amkk Brenda Caamaacho, M.D. 1290 r�1 Support for the Connections Public Charter School Kaumana Campus I have been closely associated with the staff and students at Connections public Charter School for the past four years through two programs specifically designed to help students prepare for twenty-first century jobs. These programs have grown from a research project called the Makery Cloud that was funded by the National Science Foundation with the purpose of showing that the Internet and distance teaching could be used effectively to deliver high-tech training to teachers in rural and outlying areas.Three charter schools on the Island of Hawai'I participated in this project. Each school received a Classroom Makery consisting of computers, software, hand tools, manually operated machines and computer controlled machines. Teacher training occurred through an mixture of day-long face-to-face meetings, week-long seminars and weekly half-day on-line distance learning sessions.The principal and staff of Connections PCS eagerly embraced the concept of the Makery and has become the poster child for this program. They have Integrated the Makery into their regular class schedule and are providing their middle school and high school students with a world-class introduction to the tools of what is rapidly becoming known as the third industrial revolution. Apart from the excellent technical grounding the students receive from the Makery experience, there has been a dramatic side effect that is changing the lives of many young people. Students became more self-confident and independent as they discover hidden talents for problem solving, original design, independent thinking and the ability to master new manual and intellectual skills. Even more exciting than this, however, is that these personal changes are impacting the sense of self-worth of some of the rebellious and trouble-making students, often from low income or dysfunctional families, and transforming them into pleasant, caring, thoughtful young people who now have a purpose in life. Most of the current activities in the Makery revolve around the design and fabrication of high-quality wooden and plastic products for the tourist and souvenir markets.The longer term goal is to train participants to create products that will support existing industries such as agriculture and forestry, and new industries that will lead to import substitution and the export of high value Hawaiian-made products,The Kaumana Campus is critical component for achieving this long-term strategy. It will provide space for expanding the range of equipment and activities in the Makery and It will bring the students closer to the natural world and help them understand the Importance of interacting with nature in ways that enhance industries such as agriculture and forestry without causing damage. The four years I have spent interacting with Connection staff and students have been inspiring to me as I see young people transforming into caring and responsible young adults. Some of the rumors I have heard about how the Connections school will increase crime In the area are absolutely unfounded and utter nonsense. 1.0291 Connections students are receiving the education, guidance and inspiration to become responsible workers and leaders in Hilo. The increased facilities and inspiring environment that the Kaumana site will provide can only enhance this. Dr, Neil G. Scott Director, Archimedes Hawaii Project, and Director of the Technology for Untapped Talent (TUT) Program College of Education, University of Hawai'l at Manoa 129 1 Connections Public Charter School Parents-Teachers--Students `Ohan.a (PTSD) Mission: "To create a school for the community by setting a firm foundation-and learning environment where students voice their own opinions to help further their own education." The PTSO is a collaboration of Parents,Teachers and Students working together as ONE unit for Connections Public Charter School (CPCS). Our main objective for this petition is to present the Planning Commission Committee supporters to approve our educational building project in Knumana.. We are trying to build a permanent foundation for future OPCS students and we need your support. We are trying to get 25,000,Yknatures to show support of our school. (25,000 signatures is equivalent to about'/of the population of the Big Island). We hope that obtaining 25,000 signatures will increase our chances at the-Planning Commission Committee. Please support us by signing our petition and showing your support Mahalo nui loa, Connections Public Charter School Parents Teachers Students `Ohara 'd at 0 mg by 'd head �, f ME 0071 1293 Please Support Connections Public Charter School! Name Address, Phondem" signature {? Ma o CaU65, z a Or a s a 0•ca q. N60L GAS OOSO 5ur� M eA W099 -W*Z"LGk.b wl.MM j' l A. amft 5 w��t ca►-. c0r 12! 4�- , Please Support Connections Public Charter School! Name Address PhondemaA signature �) a -1 Aj* ,Atjt o R'°a & Yom PA6 ?37 0 A7j' 12,. 1 �} P9 a1 al lop 5S-2A-49 g� 10rb) c3- ' - - ►� � err - � •i ' � r, - i � � � • + •y� 1e,1 � t 41�L.-�.lu,l�.d.cir� �.Jl�lll F.• ... • i • ' .��i�.." ti i �1.�1 �� ..IJu 1.1.4 I I •� �, r � ��'i�.1.J� �j��I'.�•,� f: rfA mum 1 J 111 w 01-111.119 LK II :i ► M , I; . 11JiIi; / f J rR��IT'�I�il�NOt!�� 'r.�� Please Support Connections Public Charter School! Name Ad dr ess Phone elm a sig lure wl Catt�,e a t kA P! fff--tga S UIV D 3.1 1297 � •. " Iii ill ' Ol � 1 ! • ! 00 i �� � � �,►.-..r► � ' �► • [�...► - �_ ,i� fit+ .. .� RAMN tea' "LA L A ' ■ . Gll► .� ► t Y��r � { Please Support Connections Public Cher School! Num AOS.s phwQeleawI signature ti) '4f{A[�, •-Lli/�I�(G:G'8 Ari�v 72172 / S'`Tg 3� cW 6-:r3 jtd' / 13q-D a/S 1299 Please Support Connections Public Charter School! Name Address Ptra demail si axa i�t '1 V) - Wiro POBbK tae Kfaq -9,1110 a, '1. 13( Please Support Connections Public Charter School! Name, Address PhoneJemaul signature 'lo - -1 Z� 6kARV--I h4AKW poB04928 640AA, Q37. ILPIP 35 -X3 -1s, 5'- 7(. l/ieul 333��!!' J �. Ich ra q0 9) 7- 10) W) L4 ato h ;.F c --G' 7 9) . PQ so 2 a As 19 syr r TV Er r 1301 Y Please Support Connections Public Charter School! Name Ad&= PhoneiemaH sigasture 3) r6raI`e,a u 5 ilt' st- S6ge M m s \IGin Iq rvlc �) Jildl; `t a leX `C'rtu,,.l 1193 A Um 1t S � ! 1 � • Il ' til � � 1 - 1 � � I Ilt �t r -� �, . . �� � ► r� �'x'� ► �1�1 s;s '� I tc r . ` I r 1 fo" A Ai.. _ MW �rEll r',ra� �♦ i• i iI s i ►.� iC�1 a i F I . �i .f r r A 11' 11 �ti, • I . I ' 11r,1 7 41 1 1 � l it L-..f��- '� • � +l`� /li • ! ! I � � `�f�• _ ,��I. 01M. ! 14 M.',r., , .1ra �.Y• x`4.'+1 , LIF �J � lr rl± � •I �� ► d ► � r / f � � � � of ►► 1 � Please Support Connections Public Charter School! Name Addim PhowlenmU signature 1� fV p 61 r 130 Please Support Connections Public Charter School! Name Address Phone/email tore, �+ afro ,. v0ZrWZvcpV 'eY �Ot 6 tle; ,aa b' rGG 1 K fAj ! -rd, . Qd �8q-e- -015-04 , l at. D o Please Support Connections Public Charter School! Name Address Phone/email signature Lai,,. C-�a�imcin Pa�oSc io�l Nilo9� $7��ti� ,� z p.Dgig tM31 9&7 a qf7 -T1.) °� can ha155 4 1-1; &40 It-� 0►100t AAy• 1010" %At Y-Ow 1AOt' W mo on&,I G1..Dkwn& .c 040AI brf-"64 PO poxwom R?r G9 yyGiC -7) 611a IA i) .;..r,,..:- 9� 14 +o)Aeat vv yrt012-3tf I A- Goo mn Ta fox 105319 ) 987-912 6 r J AML -fit ISS) /1� ICf 1307 rri iii ' rir ' r r . - rrr i r. { lr fps `? 1 :. P.mmtt vmma i r. 'i�� \mss .r err i ■ IPW i /1/7117MA11 M)KY/MI �► ." �5� ' ' :rte II lamipolint , efflarmil Iv [at Mn"W' 't MM slacm��Mvum T! mw „' e.7!.. , .M OEM '� M�� 4� a I � a � � � r 74'x./i.AY./ /, ♦...iJ a/ i Please Support Connections Pubic Charter School! Name Address Phondemail signature 1.4 j Su II&INIO La. q- '-� ,K 9ta CSo4 �7-6c5 Z u� lt6,--7,- Rig qO( -X/7- ma:;4-h ri VAO NAM A Dr. v JO n f lCa 's 11 i r l �- I'Z �Cb i3 11 t�twat S-a82- tt i� 1drd 1 -t a5 tin ns l6 hrlWO-son 1p 1309 4 s \\ 1 Please Support Connections PubEe Charter School! Name Address honelemaigl Q 2 lC, Qm1�ctG �P"m Pit 3 :rn BOTnCW.Lj I%— t Cdr---fs3°L 1 5 R - c 17- 131C w _ Y Please Support Connections Public Charter School! Name Address Phondemo Signature OleZ '.Uri , 1 !V u.3 51 (Ph ILLU IV21&a MARA 8b6 mil ', ,r 7 d AIRL 1311 V � Please Support Connections Public Charter School! Name Address PhoneJemail signal 0 Q �V1W a 3 3 wai N n Q Sox wl 9 ti Y1 " PIN ; 7 7fJ k4 6� Sgs6 'IPV lt Ae,01� ! a*<TO paa 3 OD r 1312 Please Support Camections Public Charter School! Dame A,ddmw Phm deaadt Md 9904 V* .I9rIIvD r 1 44Ad✓ r�! Jilt R,�a�iAwu 1313 Please Support Connections Pubhe Charter School! Nam Address Phone/enma signature i f OVALv 69 9 1314 T WRITTEN STATEMENT OF TERENCE T. YOSHIOKA My name is Terence T. Yoshioka and I am a 14 year resident of Pacific Plantations Subdivision. I retired 5 years ago after a nearly 40 year career in law. Because my time is short, i have prepared a written argument in opposition to the Special Permit, copies of which have been made available to the Commission and the Applicant. I ask that the written argument be made a part of the records of this proceeding. For the remainder of my time, allow me to summarize what I have set forth in my argument. Essentially, my point is that Applicant has not, in any way, or by any recognized standard of proof, established a sufficient basis for the granting of the Special Permit because all, or most, of its contentions are based upon unsupported facts and suppositions, incomplete information, or misleading, inaccurate or false information. 4 For example, Applicant represents that it requires all of the 70 acres for its agricultural program; that the 70 acres was uniquely suitable for its agricultural program; that the school is not anticipated to have adverse impacts upon surrounding areas; and that there are no other available properties suitable for Applicant's needs. My written arguments rebut all of these representations and 1 urge you to review them carefully. I hope that you will be struck by the contradictions and unsupported conclusions I have pointed out. As for example, there are no studies or data to support the need for an agricultural program. This is a fatal deficiency in Applicant's Petition because the agricultural program is the essential foundation of the Petition. Yet, we are given no basis to believe that there is a need for such a program, nor how many students are interested in, or would benefit by such a program, nor how much land is required for said program. Unless such fundamental information is provided by way of credible evidence, we cannot presume that the program will be created and we would be precluded from drawing any conclusions that rely upon the existence of the program. In short, the Petition should be viewed as if Applicant has no agricultural program (which it does not) to determine if the subject property is the "only' site available to Applicant and if another site would be more appropriate and suitable for its school. I urge the Commission to take the time to critically assess all of the statements made by Applicant by asking yourselves "How did Applicant arrive at the conclusion?" or "How are we to assess the credibility of Applicant's statement?" If you do, then you, too, will be puzzled by Applicant's assertions on page 26 of its Petition that the land is "unsuited" for the agricultural uses permitted within the district but is "uniquely suited to support both an agricultural program and a conservation/forestry program." Vic, 1 131 ." Thank you for giving me this opportunity to address you today. Although I have limited my comments to the technical aspect of the Petition, I ask that you not forget the human impact which your decision will have upon the many residents of Kaumana and especially Pacific Plantations' residents. And I, also, point out that a win-win scenario can be realized if the school is place elsewhere on property that is, in fact, suited for the school. z 1316 �, REASONSEOR DENIAL YoSf04�. The test or criteria for a Special Permit are outlined in Chapter 205, Hawai'i Revised Statutes, State Land Use Commission Rules (HAR, Title 15, Chapter 15), and more specifically, County Planning Commission Rule No. 6. Specifically, Rule 6-7 states that the Planning Commission shall not approve a Special Permit unless it is found that the proposed use (a) the proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statues, as amended, and (b) is an unusual and reasonable use of land situated within the Agricultural District. On the matter of the Special Permit application by Connections New Century Public Charter School/CRESS (SPP 12-000138), the Windward Planning Commission finds that it does not meet the required test for a Special Permit and hereby denies the application. This conclusion is based on the following findings. A. Relationship to Land Use Law and Objectives The primary purposes of the Chapter 205 (Land Use Law), Hawaii Revised Statutes, as amended, are to: 1. preserve, protect and encourage the development of lands in the State for their best uses in the interest of the public welfare; and 2. protect, conserve, and rationally develop the State's urban, agricultural, and conservation lands using a coordinated and balanced approach. In that regard. there are several considerations that do not lend support to the applicant's consistency with these stated purposes. These include a)the applicant's unsubstantiated agricultural program used to rationalize the necessity of the subject location for its proposed school, and b) even, if substantiated, the overall adverse impacts the proposed use would have on the immediate community. The reasons advanced by Applicant to support its Petition for a Special Permit is based upon (1) unsupported facts and suppositions; (2) incomplete information; and (3) misleading, inaccurate or false information which fail to establish by any standard of proof that the grounds for granting a Special Permit have been met. 1. Applicant's Petition is based upon the presumption that the subject property is "uniquely suited" for the development of an agricultural program. It is this reliance upon an agricultural program which it justifies placing its school squarely in the midst of an existing subdivision and far from the residences of its students, the majority or at least plurality of whom live in the Puna District. Further, the Applicant does so without presenting any evidence in the way of studies or research that would even indicate that its proposed agricultural program is needed, or wanted, by its students. Without such evidence, there 1 1317 is no basis for believing that Applicant will ever incorporate an agricultural curriculum into its academic program or that any part of the 70 acres will ever be utilized for farming, conservation or forestry. Therefore, acting in reliance upon any assumption that the agricultural program will, in fact, come into being is totally without any foundation. And any conclusion or argument made in reliance upon the existence of the agricultural program is totally without merit. 2. The lack of evidence about the need for Applicant's agricultural program precludes the Commission from determining what portion, if any, of the 70 acres is needed for such a program and how many students will actually be involved in the program. For example, if only one or two students enroll in the program then obviously, committing 20 acres to the program would be far beyond the needs or capabilities of the students, and a plot of 10,000 square feet may be more than enough. Despite not knowing anything about what the needs for its agricultural program may be, Applicant has "guesstimated" that it will require 20 acres because that is the size of the University of Hawaii at Hilo demonstration farm. [Section 2.3.1, p. 15, Final Environmental Assessment] Without knowing how many crops were grown on the University demonstration farm, or any dft other pertinent information about the farm, Applicant relies solely upon this Mr meager information as the basis for its requirement of 20 acres for its own agricultural program. Logically speaking, without substantially more comparative information, one cannot equate the needs of the University with the needs of Applicant. Thus it is pure speculation to state that Applicant must have 20 acres for its agricultural program. 3. Without first establishing just how large an area is required for its agricultural program, Applicant's statement that the subject 70 acres is "the only acceptable site within the school service area that satisfied its selection criteria" [Section 2.3.2, p. 15, Final Environmental Assessment] is totally unsupported. The selection criteria referred by Applicant includes, among other things, a 20 acre area for its agricultural program and a 20 acre area for its school facilities. [Supra] As previously pointed out, there is no basis for projecting the amount of land needed for Applicant's agricultural program; hence, it is Impossible to conclude that the subject property is the "only acceptable site within the school service area." Properties significantly smaller in size may, yet, be sufficient once all relevant and material information is obtained about the agricultural program. Until then, itis premature to conclude that the subject property is "the only acceptable site." 2 1318 4. Applicant has failed to show that the property has unique qualities which make it the only property available to the Applicant. Other potential sites were not reasonably explored, especially those in the Puna District where at least half of its students reside, and where the soils— depending on the applicant's unsubstantiated agricultural program— may be much more suitable for agricultural uses. Looking at Applicant's list of properties it has considered as alternate sites for its school [fable 2.1, Final Environmental Assessment], it is apparent that all of the properties are situated in the South Hilo District. Without admitting that all of the properties are unsuitable for Applicant's needs, let us assume, for the sake of argument, that they are unsuitable. Does this mean that there are no alternate sites outside of the South Hilo District—whether private or public lands --that cannot meet Applicant's needs? This is an issue that requires to be explored before this application can be favorably considered, because half of Applicant's students reside in the Puna District, and it stands to reason that if Applicant had the best interests of its students at heart, it would attempt to locate its school closer to their residences rather than to bus or have them commute to another totally different community. The benefits of reduced travel time and the risks of travel are too obvious to be repeated here. Also of substantial importance, given the heavy reliance upon Applicant's agricultural program, is the suitability, or lack thereof, of other properties for said program. It is well known that the Puna District is where most of the commercial papaya and crop farmers practice their trade because of the soil condition there. Accordingly, the Puna District may be much more suitable for the cultivation of crops and to practice conservation and forestry techniques. Substantial private landowners such as W. H. Shipman are also situated in the Puna District and could be approached to carve out a 20 or more acre piece of property for lease by, or sale to, Applicant. Between private landowners and the State of Hawaii, Applicant could have much greater choices of lands more suited for its purposes. It is also worth noting that Applicant identifies other properties in South Hilo that it found to be "too large"for its school. It offered no further comment or explanation. But however large the property, depending upon the zoning, the parcels can be subdivided into smaller parcels for re-leasing to others, or conversion to other uses, As such, being larger than Applicant's current needs is not, by itself, a quality that makes a large parcel unsuitable for Applicant's use. In fact, this will be the case for the subject property as over the next sixteen to 25 years. Based upon Applicant's timetable, only the lower 37 acre parcel will be developed. The upper 33 acres are intended to be left undeveloped as a nature preserve. As such, does it matter whether 33 acres or 82 acres is left undeveloped? If not, then why would a 109 acre or 3 1319 152 acre parcel be "too large" for Applicant's school? We conclude that it is not. Further, Applicant there is no discussion of whether a private land, in spite of its potentially higher land acquisition cost, may, in the long run, be more cost effective when compared to the required on and off-site infrastructure needed to support its school at the proposed site. 5. Schools can have significant adverse infrastructural and community impacts. Thus, they are not permitted in the State Land Use Agricultural District and within the County residential and agricultural zones, a Use Permit is required. This is to enable the community to weigh in on the request and to have a full public disclosure of the project and its impacts. In that regard, it should be noted that the last few schools of this size or larger built on this island have been on the outskirts of a community. These include Kea'au High School, Kamehameha School, and Kealakehe High School. All required approvals can occur only after having the community weigh in on the request. Applicant's statement that "[t]he Property is not anticipated to have adverse impacts upon surrounding areas and is planned to mirror much of the surrounding land uses with modest single story structures, agricultural uses, and open, undeveloped areas for agricultural educational programs and forest restoration" [Section 16.2, P. 23, Petition for a Special Permit] is unsupported by facts, and is totally misleading and inaccurate. It is incredulous to conclude that a 20 acre school with 503 students, faculty and staff, when embedded into a low density residential neighborhood will not have a negative impact upon the lives of its surrounding area. The hundreds of cars, trucks and buses that will be streaming to and from the school will disrupt the subdivision's lifestyle. It matters not what the traffic flow designation will be with the additional cars, etc. because now it takes but a couple of seconds to stop and enter Kaumana Drive from Edita Street whereas after the school is constructed, the time it would take to turn on to Kaumana Drive will be increased to 10 to 15 seconds. While this may seem like a minor inconvenience, the traffic flow study [Section 3.12, Page 69, Final Environmental Assessment] offered by Applicant does not measure the stress generated by the extra vigilance that residents must exercise to travel their roads due to the increased vehicular and pedestrian traffic. Neither does the study measure the stress generated by the increased noise of the extra traffic. What might be minor and frequent irritants experienced daily in an urban environment, become major disturbances when injected into what has up to now, been a tranquil, peaceful rural-like environment. People who live here do so to avoid traffic and noise. They want a peaceful, slow paced lifestyle and the distinctly rural feel offered by this area, with its periodic visits by black 4 1320 goats, feral pigs, and Hawaiian hawks and the sounds of native and endemic birds that fly among the ohia trees. As evidenced by the numerous written and verbal testimonies of residents, this lifestyle will be threatened by the estimated 621 vehicle trips generated during each weekday [See Section 3.12.1, Page 26, Final Environmental Assessment]. Add to that the noise and stress generated by the traffic, this lifestyle will be lost. Aside from disrupting the community's lifestyle, the extra traffic will pose a danger to their as well as the student's safety and lives. This is an inevitable result of more traffic i.e. more risks traveling along the tortuous and narrow Kaumana Drive. In short, to conclude that the "Property is not anticipated to have adverse impacts Upon surrounding areas" is not supportable. The increased traffic alone will bring devastating results. Add to this the increased noise generated by the traffic and the construction and daily activities of the school, and Applicant's statement becomes more disingenuous. It is also very misleading to state that Applicant's 20 acres of school buildings, roads and parking areas will "mirror much of the surrounding land AdWL uses." Such improvements do not in any way "mirror" the single-family residential dwellings in this area. The improvements to be constructed by Applicant will be different in appearance, design and use and could not be compared with existing residences in the neighboring community. It is visually clear that there are no residence in this area that is equal or come close to the size of a 10,500 square foot gymnasium [See Section 2.1.2, Page S, Final Environmental Assessment] , or having a 52 stall parking area_ [Supra]. 6. Applicant's statement that "[t]he mirrored use will not substantially alter or change the essential character of the land and the present use" is a gross distortion of the tnrth. Clearly, the 20 acre portion of the lower 37 acre parcel will be substantially altered by the construction of school buildings, gymnasium, a dormitory, roads and parking lots. These improvements will require that existing plants be removed and replaced with concrete, asphalt, glass, steel and wood. It cannot be disputed that the "essential character of the land"will forever be changed. Applicant rationalizes, however, that because "[t]he school plans to implement a forestry/conservation program, which would use the upper parcel for reforestation projects" [Section 16.6, p. 27, Petition for Special Permit]and "an elevated walkway through the `6hi`a forest" [Supra] therefore "[n]either of these proposals would substantially alter nor change the existing use or character of this portion of the property." [Supra] But this is just avoiding the 5 1321 issue. The real question is not whether the character of the upper 33 acres will be substantially altered or changed, but what is the impact of the improvements to the lower 37 acres? Applicant has avoided addressing this issue for obvious reasons ---i.e. because the essential character of the lower 37 acres will, in fact, be changed. 7. Applicant states that"[t]he land upon which the proposed use is sought is unsuited for the uses permitted within the district" [Section 16.5, p. 26, Petition for Special Permit] and yet goes on to state that the property is "uniquely suited to support both an agricultural program and a conservation/forestry program" [Supra]. if the property is "unsuited" for agricultural uses, how can it be "uniquely suited" to support an agricultural/conservation/forestry program? Applicant never explained why or sufficiently justified how the property is "uniquely suited"for its school or how other sites are different from the subject property. Without such justification or elaboration, the Commission cannot find that the subject property as being "uniquely suited" for its school. In summary: Applicant's Petition for a Special Permit relies heavily, if not entirely, upon its planned use of approximately 20 acres of the subject property for the development of an agricultural/forestry/conservation program. Such a program does not currently exist and Applicant has not provided any research or studies to establish: (1) that there is a need for the program; (2) that their students are interested in the program; (3) that the program requires 20 acres of land; (4)that the property, with its "poory quality soil, is suitable for the program; and (5)that the property is the only land suitable for Applicant's program. Applicant's failure to address this issue renders a substantial portion of the Petition unsupportable because much of Applicant's arguments in support of the Petition are dependent upon the actual implementation of the agricultural program. As noted earlier, without providing a basis for determining how many acres are required for cultivation, it is impossible to conclude that 20 acres are needed for the program. And without knowing how much acreage its program requires, Applicant cannot conclude that the property is the "only acceptable site" for its school. It is entirely possible that several parcels of smaller size may be "acceptable"to Applicant. Notwithstanding the above and not dismissing the concept of the value of an educational facility like this, the impact of the school of this size at this location would create an adverse impact to the community it will not primarily serve. Collectively, allowing the school at this location would not be in the best overall interest of the public and not result in the development of this land and this area AEhL in a balanced and coordinated manner. 6 1322 B. Unusual and Reasonable Use of Land In determining whether the request is an "unusual and reasonable use", certain guidelines are used. These guidelines and their relationship to the requested use follow. 1. Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The use does not fulfill the Land Use Law objectives as discussed above. it should also be noted that the impact of the proposed school would have the effect of urbanizing this area. Most if not all schools of this scale are within the State Land Use Urban and not Agricultural District. Even the Kamehameha School campus in Kea'au, although originally approved via the Special Permit process, was eventually reclassified into the Urban District. As such, a more appropriate procedural vehicle for uses of this nature is the reclassification or boundary amendment process. 2. The desired use would not adversely affect surrounding properties. As noted above and as painfully made evident by the number of verbal and written testimonies against this project, the project would have an adverse impact to surrounding properties. These concerns relate to possible adverse real property tax implications as well as diminished quality of life associated with the traffic, noise, and visual impacts resulting from this project. This diminution of quality of life is further supported by the Police Department who concluded that "This proposed school is being place in a residential area that will likely effect (sic) the quality of life for residents that border this proposed site. There will be an increase in noise, crime and traffic." As noted above, the project will result in the removal of substantial amount of ohia trees, particularly on the lower portion of Edita Street. The trees will be replaced with a number of large structures, structures that cannot assume a residential flavor. These structures would thus not be visually compatible with the surrounding residential area. The applicant maintains that the project is "not expected to generate large increases in traflric volumes and would not result in adverse impacts to traffic and circulation pattern in the project area." It also notes that "the findings of the TIAR(Traffic impact Analysis Report) are conservative and lively overestimates total trip generation for the project"as it does not take into account than "approximately 30 percent of Connections'students are bused to school...." It should be noted that that percentage relates to the school's existing operation, not projected. Relative to this school, the Applicant has commented 7 132 that it will have 2 buses. At an average of 30 students per bus, that amounts of 60 students out of its projected estimate of 400 students. That amounts to a 15% and not 30% percent. Equally important is the TIAR itself. The survey was done after the seniors at Hilo High School were already out of school. Thus, the numbers for the AM peak hours do not accurately reflect school traffic. Further, the study only looked at the intersection of Kaumana Drive and Edita Street. It did not examine other potentially heavily used intersections such as Wilder Road (where presumably there will be an increase due to the Puna-based students) or other precarious intersections such as Chong Street and Terrace Drive to account for now more mauka bound traffic in the morning. It should also be noted that current rezoning review requirements mandate that a TZAR be conducted within 6 months of the date an application is filed. While not a mandate for Special Permit, taken together the deficiencies noted above, the "no adverse impact" conclusion of the TIAR is questionable and less reliant. 3. Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. The Department of Water Supply will require submittal of detailed calculations to determine water requirements before issuing a water commitment. The maximum number of eligible commitments is seven which translates to a maximum of 4,200 gpd. The Applicant has represented that at least 60 gallons per day("gpd")/student is needed for a total of 26,100 gpd. The amount available, however, is 4,200 gpd, which represents no more thanl6% of the project's total. The Applicant represents that it intends to supplement the remaining 84% with a catchment system, a sub-standard system. While the catchment system has been used in areas where there is no public water system, it is generally not acceptable for public facilities, particularly those geared to students. A new public school would not be built if there is inadequate water; this proposed use is no different. In times of periodic drought, there would not be enough water to support the enrollment. Such a situation would create a public burden, as government would be obligated to assist. As noted earlier, the Police Department has already commented that a school in this area will create an increase in noise, traffic, and crime. While noise may not necessarily directly relate to a Police function, traffic and crime do. 8 1324 The proposed use would invariably create additional demand for police service. Given the honeycomb of caves in this area, drainage and wastewater systems need to be carefully planned so as to mitigate potential impacts to surrounding properties, particularly those situated below the subject site. The applicant has not sufficiently demonstrated how these would be addressed except to say that it would comply with prevailing regulations. However, there is insufficient information at this time on this matter to conclude that there will be no drainage or wastewater impacts. 4. Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. While the concept of charter schools was given birth to after the district boundaries were established, they are not necessarily immune or exempt from the land use objectives. In that regard, while the filing of this application suggests a need for a new educational facility, the question is whether the proposed site is appropriate. As noted earlier, given that at least 50% of the projected student population will come from the Puna District and the adverse impacts the proposed use would have to the immediate community, insufficient analysis or thought was given to other propertles, be they private or publicly-owned. The State lands Identified in the EA for the South Hilo District did not take into account their ability to be subdivided. Relatedly, the size was driven by an agricultural component that was not clearly identified. Further, a cursory examination of other State lands in this area suggests that properties fronting the well- accessed Puainako Extension were not given careful consideration, In addition to looking at only State lands in the South Hilo District, the applicant did not examine other State lands in the Puna District or any private lands. Potentially, some private lands—although with a higher initial acquisition cost — could be less costly to develop given the needed off-site infrastructure costs and the cost of new buildings and site improvement. Thus, it is difficult to conclude that there are unusual conditions, trends, and needs that justify the proposed use at this location. 5. The land upon which the proposed use is sought is unsuited for the uses permitted within the district. Forestry and conservation uses are permitted in the Agricultural District. The subject site has a considerable stand of Ohia trees and veins of the Kaumana Caves extend throughout the site. The Hawaiian Hawk and Hawaiian hoary bats are known to roost in this area. As such, it is difficult to conclude that the site is "unsuited" for these permitted uses. 9 1325 6. The use will not substantially alter or change the essential character of the land and the present use. To minimize redundancy, we would like to reference the findings noted in the section on Land Use Law and Objectives. In sum, the proposed school will result in the removal of a significant portion of the existing vegetation;further, the urbanized structures will alter the pristine forested character of the area. 7. The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The General Plan Land Use Pattern Allocation Guide Map designates the area for low density residential use. However, a school use is not necessarily a "low density" type of use. The school will have nearly 400 students with direct and indirect support resulting in nearly 500 persons per day at the site. The County Zoning Code allows schools in the commercial zones, for there is recognition of their commercial-level type of impacts. However, within the Single family residential or Agriculture (as in the case with lots surrounding and/or proximate to this site), a Use Permit is required because of its potential adverse impacts. The Use Permit process and criteria are generally similar to the Special Permit. The criteria for a Use Permit read that a proposed use: Shall not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community's character, to surrounding properties, and Shall not unreasonably burden public agencies to provide roads, and streets, sewer, water, drainage, schools, police and tare protection and other related infrastructure. As discussed above, the proposed request would also not meet those two criteria. In the area of the General Plan policies, there are a number of pertinent elements that cannot support the proposed use. These are as follow: Economic Element Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. (emphasis added.) 10 1326 Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. Again, while the concept of a school may have some economic benefits, it would not be compatible with the surrounding residential uses. Further, directly impacted residents would have their quality of life diminished, not enhanced. Public Facilities Element Goal: Encourage the provision of public facilities that effectively service the community and visitor needs and seek ways of improving public service through better and more functional facilities in keeping with the environmental and aesthetic concerns of the common (emphasis added.) Policy: Coordinate with appropriate State agencies for the provision of public facilities to serve the needs of the community. While not questioning the proposed use, the question is whether at this location whether it would be effectively serving the community in a manner that would be in keeping with the environmental and aesthetic concerns of the community. It is concluded that this goal and policy would not be achieved at this location. The student community for the most part is from areas outside of the immediate community. The immediate community, which is going to have to bear the effects of this proposed use, has expressed environmental, social, and aesthetic concems. The applicant has not demonstrated that it has seriously investigated other properties that could better service its student population at a location where community and infrastructural issues would be less. Public Facilities—Education Element In the "South Hilo Course of Action", it asks decision-makers to "Encourage the establishment of additional schools as the need arises." The issue is whether that need has risen. It is difficult to conclude "yes", given declining enrollments at different public schools in the district. Land Use Element Policy: Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments. As stated throughout this document, approval of this request at this location would disrupt the existing community. It would not enable communities to 11 1327 maintain themselves, while no serving the needs of its residents. Its development would not be in balance with the physical and social environments of this area, DECISION For the above reasons, the Windward Planning Commission finds that the requested use is not consistent with the criteria for a Special Permit and hereby denies the Special Permit Application No. 12-000138, the application of Connections New Century Public Charter School (CBESS). The Commission also wishes to emphasize that denial of the Special Permit does not spell an end to Applicant's project. It is a setback, resulting in the Applicant having to search for other sites, sites that will have less adverse impacts upon the surrounding properties and hopefully more proximate to the school community it intends to serve. 12 1328 Melvin H.Yokota (Testifying an an individual on behalf of the residents of Greater Hilo) 1358-A Mele Manu Street Hilo,'Hawaii 1 am Mel Yokota, a consulting engineer and a resident of Hilo. The Connections Special Permit Application states that Kaumana Street can accommodate Connections School. That puzzled me until I realized that the only way that conclusion can be reached is by assuming that the students live in the vicinity of the school. I have thought hard about what the real traffic impacts will be and prepared an Abbreviated Study of The Traffic Impact on Greater Hilo Resulting From Siting of Connections School in Kaurnana. Copies accompany my testimony. The majority of the students and staff will come from beyond the neighborhood and outside of Greater Hilo. Between 7 am and S am, around 350+ inbound and 190 town bound vehicles will join the existing traffic in the area bound by Haihai, Komohana, Waianuenue and Kilauea/Keawe streets, impacting the morning commute for residents of Greater Hilo. Of the three potential routes from Komohana to the campus site (Puainako Extension, Kukuau, and Kaumana Drive), the oldest, lowest capacity and most deteriorated route was selected. There will be increased town bound delays at Kaumana/Ainako and Mohouli/Komohana intersections, accelerated deterioration of Kaumana Drive and increased response time for emergency services. Such delays will force residents to leave home 20 to 30 minutes earlier. Parents who drop off and pick up their children will endure five hours of additional drive time per week, with increased annual fuel costs of$600, enough to buy a new laptop every year. Good planning should locate a school as close as possible to the center of the student population, minimizing travel distance and time. Definitely not mauka of Komohana Street. 'ri at Q by cc ✓ .{ am . 1329 t Melvin H.Yokota (Testifying an an individual on behalf of the residents of Gt Vater Hilo) 135$-A Mele Manu Street Hilo, Hawaii It is my professional opinion that the Special Permit Application is deficient and must not be approved. Approval in its present form would set a bad precedent and compromise the integrity of the permit process, 1330 AN ABBREVIATED STUDY OF THE TRAFFIC IMPACT ON GREATER HILO RESULTING FROM SITING OF CONNECTIONS SCHOOL'IN KAUMANA i Melvin H. Yokota, P.E. 7.358-A Mele Manu Street Hilo, Hawaii 1331 THE TRAFFIC IMPACT ON GREATER HILO RESULTING FROM SITING OF CONNECTIONS SCHOOL IN KAUMANA EXECUTIVE SUMMARY The traffic study segment of the Special Permit Application is inadequate. It included performance of a one day traffic survey for the Kaumana Drive and Edita Street intersection. This is acceptable for a school which services the local community. However, the majority of the students and staff will come from beyond the local community and outside of Greater Hilo. Each morning between 7 am and 8 am, as many as 550 (350+ inbound and about 190 town bound) vehicles will be added to the existing traffic in the area bound by Haihai, Komohana, Waianuenue and Kilauea/Keawe streets. From a community planning and traffic considerations standpoint, siting of Connections-School in Kaumana is not justifiable. It benefits neitherthe local neighborhood, the residents of Greater Hilo, or parents of students that must commute to the campus. Students (or parents) and faculty must travel through congested Greater Hilo school corridors and heavily burdened intersections to get to the proposed campus. The net impact is increased traffic in all existing school zones, increased town bound traffic delays at Kaumana/Ainako and Mohouli/Komohana intersections, accelerated deterioration of Kaumana Drive, and increased commute time and costs for students, parents and school staff. Prudent planning and engineering principles would lead to the conclusion that the school should not be located mauka of Komohana Street. Since the Special Permit Application does not explore the impacts of the increased traffic and propose remedies, the Application should not be approved at this time. A. CONNECTIONS SCHOOL • According to the Connections School Website, the present enrollment is 370 students. 1332 • . Projected student count is at least 380 students plus faculty and staff. • Two busloads of students will accommodate about 80 students. • Estimated staff`of 50 • Planned parking for 180 vehicles. Assume up to 50 faculty and staff vehicles and 110 student vehicles. Assume 20 stalls reserved for visitors. • Based on the preceding assumptions, it is estimated that parents must drop,off and pick up 190 students daily B. THE NATURE OF THE MORNING TRAFFIC INCREASES • Two buses and approximately 350 automobiles must pass through the already congested existing greater Hilo school belt between 7 am and 8 am to reach Connections Campus • Assume 190 parents vehicles must travel from the campus to go home or to their workplace C. IMPACT OF INBOUND TRAFFIC ON EXISTING SCHOOL. CORRIDORS IN GREATER HILO • Inbound traffic from Puna and Mountain View must pass through Haihai, Kawailani, or Puainako corridors to reach Komohana. This will add to traffic and delays for the residents of Hilo who have to go to work or to drop off students at.their local schools. • Inbound traffic from Hamakua must traverse the Hilo High School one way pattern on Waianuenue/Haiti Streets D. IMPACT OF TOWN BOUND CONNECTIONS TRAFFIC ON KAUMANA DRIVE • After dropping students off at school, as many as 190 automobiles must come down through the Kaumana Drive/Ainako intersection. At 25 vehicles per one-minute maximum green, this will require an additional 8 green light cycles or as much as 16 minutes for maximum green in all directions in order to accommodate the increased traffic. • The resulting increase of the queue backing up above the Kaumana drive/Ainako intersection will make it very difficult for vehicles to make left turns from streets and driveways on the Hamakua side of Kaumana Drive onto Kaumana Drive when traffic is backed up. E. IMPACT OF TOWN BOUND CONNECTIONS TRAFFIC ON MOHOULI EXTENSION • Assuming 2/3 of the town bound automobiles will go through the Mohouli/Komohana intersection, at 12 to 16 vehicles per 30-second maximum green, an additional 8 to 10 green cycles will be required to accommodate the additional traffic. • Turns onto Mohouli extension are easier because of the limited number and separation of entry points. F. CONDITION OF KAUMANA ROADWAYS • Three possible routes are available to reach the campus site from Komohana. 1) Puainako Extension, 2) Kukuau Street (Sunrise Ridge Subdivision) and 3) Kaumana Drive. Of these three, Kaumana Drive is the oldest, does not meet modern standards, and is in poor condition. This is the access that Connections School is relying on. • Following replacement of water lines on Kaumana Drive a few years ago, the pavement was repaired by patching instead of complete repavement. This has led to significant fracturing of the roadways. Increased traffic resulting from the school, and construction vehicle traffic will accelerate deterioration of the roadway, requiring roadway repairs sooner than later. This will burden the County. • The condition of the roadways is such that potholes will start to develop. • The roadway is substandard,without wide shoulders. There is no space for pedestrians or cyclists, and pullover areas for stalled vehicles. • Kaumana drive is a winding roadway with frequent turns, leading to lower speeds than the posted speed limits in the townbound direction. 1334 • Lack of shoulders results in impediments to the ability of emergency vehicles to respond to emergencies • Lack of alternate routes results in complete blockages in the event of an accident. G. ADVERSE IMPACTS ON STUDENTS, FACULTY AND STAFF,AND PARENTS • 30 minutes per day of additional driving, to and from campus, 60 minutes for parents who drop off in the morning and pick up after school. • This translates to an additional 72 gallons per year of gas per vehicle for one round trip to campus per day and an additional 144 gallons per year of gas per vehicle for two round-trips to campus per day. This is equivalent to $300 per year and $600 per year in additional gasoline costs. • Siting the campus in a better location would make this kind of money available for parents to purchase a new laptop computer for their children every one or two years. CONCLUSIONS • The Special Permit Application has not addressed the impacts of this site beyond the Kaumana Drive/Edita Street intersection. It must address the impacts of all roadways in Greater Hilo that will be used for reaching the campus, as well as impacts on all already backlogged intersections, it must address impacts on the ability of emergency services to provide timely response to residents of Hilo and particularly Koumana under heavy traffic conditions. it must take into account the expected growth of Greater Hilo and accompanying Increases in traffic. Growth considerations should include new subdivisions and traffic increases from the pending completion of the Saddle Road. • Omission of traffic considerations from the Special Permit Application contradict the goals of the Connections School Detailed Implementation Plan: 1335 Goal 1—Caring, Responsible Community Members: Students shall develop their abilities to become responsible members of a family, work group, or local/global community within the framework of democracy. Location of the campus in Kaumana will burden the worst road In the Greater Hilo Area and inconvenience the residents of Greater Hilo. This is not teaching students to be responsible members of a community within the framework of democracy. Goal 2 - Creative, Critical Thinkers: Students will think creatively, critically, and strategically to make effective decisions, solve problems, and achieve goals in their academic, personal and social lives, in and out of school. There has been no demonstration of creative, critical, strategic thinking in the attempt to place the campus in Kaumana. It will create, not solve problems. Goal 3 - Effective Communicators: Students will write, speak and listen effectively in a variety of situations for a variety of audiences and purposes. There has been no attempt to inform the residents of Greater Hilo, to initiate dialogue, and to invite a collaborative approach to solving the traffic problems. The school has not engaged community planners to discuss traffk impacts. Goal 4 - Users and Producers of Technology: Student will understand, use, and evaluate technologies as well as produce new innovative uses and applications in a variety of contexts for a variety of audiences and purposes including academic, personal and social. Connections has not adequately engaged technical professionals to assess the global impact of the Kaumana site upon the neighborhood, Greater Hilo;students and staff. No solutions to the anticipated problems have been proposed for the residents of Greater Hilo. Goal 5 - Stewards of Hawaii's Unique Environment: Students will understand a variety of eco-systems, natural energy flows and the natural environment in order to preserve and design systems to renew natural resources and habitats. The siting of Connections 1336 School in Kaumana will result in significant Increases in the comsumption of fossil fuels for transportation, increased travel time*or shifts in the lifestyle of residents, students,parents and staff to adjust for increased traffic, and adversely Impact their family finances. It will result in adverse Impacts to the ecosystems, natural energy flows, and waste !lmlted fossli fuel resources. • The omission of a.comprehensive traffic impact study that addresses the effects of traffic generated from student residences to the campus must be performed before the Special Permit Application can be given proper consideration. It would be a grave injustice to the residents of Greater Hilo if this Special Permit Application is approved without requiring a comprehensive traffic impact study. Such a study should consider not only present day traffic, but must also take Into consideration known County Planning growth projections. ' 1337 �s14.t... 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Y�F� tJf;t'E� �' 4 ." _'"�`-1t..1 •'"-''iS1:ly2•ryE K•I:` t '/.� �` v �C� •1� '�'..�ti^`{��Lk'1{.l 41N� 4;-J•1 1.....� •�.: S ,fZl:,� hh ;''•+Y i'x--r n��'4Nt�+� ,�.`��� .;11 .�„k .{`✓.x i•N��S➢�`�' ^<S ��a4'/r � w'. ' '�`.i`' r��{ �7S• s• ; •��bQA��(��,'�\.F.i' ` :r..w .:�n,�JC,�,�fr ".I `�-�4an�l ?St'3 �.�I/•J.���4�"�9��js���� � r:�;l•�l,eyr�D i, c� ', i'+ . �'SL.��,+Ir �:��s._ ' �� a� Jr,}�� �1� �t r e�_;n��t��*F} I �"��� � _ �n�ll� �I'�SFr:1 ,. 4�r1 i� `r•�>.' ��,��}� OU`Q�� r '� � ��ra �� /� •�1'�'.14rT;r _s1 r,'. .l:i ���J jr"�fG .ltil�r,r �. � � as c,-, 71 11;ef fir J't. � f ��tr`�1$��a` '.1,. _ \ �':;:'•' 1 '•� -.,� ..,.�. `�{ ,1t•. • y"C �'''•.> "[".Y•SL':.__SI;` _y� 1L�1v;� 'f.L? (! t(e'(J 1 .,�, �"} .�.nr � � � _i {a + �,1hyll�t:::ii"''9 � ,�kl� • { 3 •r fK 1�'J.:��' ? TT �y�.I�Yrexlzn:.ya�'�rt 4, .i r •,' � ' ,.�i/�i'1`;.-r`7:' :,:11 ? ARIA w � 1•yk .r •' n.yi 1 i ti '..� w.'Z� � :�',' . fF•,:, ` •• I [�- :� ��.y 1-t N4 v i a food morning my name is-Dr. H ey Lee Loy �. I am a physician. I live on Mele Manu street.As a physician I know the value of a good education. O's born and raised in 4.411o,I am a proud graduate of filo High School and Hilo College. I champion public schools. I have no diatribe with Connections public Charter School students. My concern is safety of the neighborhood and students. permitting this large institution to be built with only one entrance and exit is dangerous. Fires,Health emergencies,earthquakes, acts of terrorism could trap students and faculty. This intersection is hazardous. It is almost a "limited site distance'.In the morning people are rushing down Kaumana drive to get to work-and get children to school.School children are waiting right on Kaumana drive and Edita street to catch their school bus to Kaumana Elementary school .Connections Charter School will have 354 students, 50 faculty and I would guess maintenance workers, groundskeepers,security, dormitory residents,numerous trucks for the agricultural,farming,forestry and livestock programs.Traffic will back up and n Kaumana drive as these people try to enter into Edita street .Traffic rushing down hill will n •have time to stop as they come around the curve resulting in deadly rear end accidents. Kaumana Drive cannot be widened and placing traffic signals would also cause traffic to back up.The planning department recommends an 8 foot wide sidewalk and the left--hand turning lane into the school.There is a concrete channel for storm water running parallel to Edita Street. Private property will need to be condemned to widen this area. Teen age drivers are one of the highest risk categories.They tend to overestimate their driving skills. Upper Kaumana rains a lot. Kaumana Drive is tortuous and unforgiving. The risk of road crashes will be immediate,substantial and sustained. Connections Charter School will bus in some of the students. public school buses presently have difficulty getting in and out of Edita street, more buses will exaoerb#ke tiffs-"ad­ FL,Wk O - rseotion turning it into a dangerous and life-threatening one. 'i Developer William Brilhante Sr. has opened up 12 more lots at the top of Mele Manu Street. _1340 has 40 more lots at the end of� 'ita Street which are already ar-, -oved and plans to open up . 104 more residential cars entering and exiting Edita Street. He has no plans to extend Edita Aireet to the Puainako Extension.The Traffic Impact Assesment Report was done over 3 I/2 y ars ago and since then the Hawaiian Homes subdivision in Kaumana opened up and added 25 more homes,the report did not take into account any of these developments. The traffic"study" was done only on one week day:Thursday May 28,2009.That was toward the and of the school year when your traffic was less as the high school seniors were all done with school, Hilo college and HOC were pau for the year. Recently Saddle Road Improvements have increased traffic going up and down Kaumana Drive and will substantially increase with the completion of the waikii to waikoloa bypass cutting driving time from 14do to Kona by 15 to 20 minutes. Assistant police chief Henry Tavares said "There will be an increase in noise,crime and traffic.u rough out the morning you wit hear testimony from students,faculty and supporters. But Ighse keep in mind,safety takes priority.I took a Hippooratie oath to do no harm caring for my patients.Ask yourself am I putting the public In harms way if I allow this project.If you have questions,doubts or share my concern for more accidents,injuries,death, and lawsuits then you must do the right thing.No doubt your decision will disappoint many but would prevent unnecessary injury and save lives.It could be one of these fine young students standing before you. Lastly,( leave you with this image of an accident that I photographed at the very intersection of Kaumana Drive and Edita Street fust 7 weeks ago at 8 am on a sunny sehooi day. [.invite you to come back to this image after each testimony and at the end of this hearing.Something this ambitious needs the support of the whole community but as you will hear from my neighbors they clearly do not.I leave it in your hands.Thank you for your time. 1341 v,•r;t� .�•{�iF :�•.� Y - ter_ 77 — "� -444. AW VA K L .y� ,k s' ss y ti_ F.Ul�7L�LRE6C�, •+' i -`Y.S_ a Y . .,�- '�"--.- Ic..� y �..a. � — ' •may {� r�� • k Y y c � ©\ \ ^ � . �{ ( �. •�� d\� !� . � \/\ ' :® . � - � : * . , \ 2 . �]�] � � f sem• t • 1.3 s r s iL Mi ' - k gra l w y bhp=[• ����� ?'R• 'f.._ 4 -�- 4 r x f Prr r :may i j�p IMF IIf'Z y y-- i1� ................... r t � C �estirnony of Ming Peng Planning Commision: As a resident of Pacific Plantations subdivision, I wish to voice my staunch opposition to the proposed development of Connections Public Charter School on Edita Street. I have lived here for 9 years. t� 1. The proposed construction is planned on Edita street which is the only ingress and egress of the Pacific Plantations Subdivision, which will increase traffic demands, along our street and along Kaumana. Their own EIS on traffic was performed over 3 years ago on only one day, May 28, 2009. This is only one data point performed when schools were on summer break on one street. Furthermore, according to their own flyer, this large facility is planned to have a 500 student population and house students and faculty which will increase noise, traffic, and crime in our quiet neighborhood. This has been confirmed Henry Tavares, Assistant Police Chief, in his memo dated August 13, 2012. 2. Ever since this project began, there is increasing unquantifiable levels physical and psychological stress among the neighbors because of this school. 3. According to their own EIS (page 11), the project is expected to be completed optimistically by 2022. The County of Hawaii Planning Department document dated Sept 28, 2012, states more realistically"the entire project is projected to be completed within 16 to 25 years" (page 2). The surrounding community along Kaumana would be expected to endure increasing.,noise, traffic, utilization of resources (water, power) and levels of stress for the next 10 to 16 to 25 years from construction and the school. This project will no doubt degrade quality of life to the surrounding Kaumana area. Alternatives that have not but should be explored: 4. 50% of the students come from Puna. Mr. Thatcher stated publically in his press conference Oct 23 (http://www.big islandvideonews.con/2012/10/23/video-connection- charter-school-fights-cam aign-of-intimidationt)that the Edita location provides land his students can learn on that is very similar to land in Puna. Yet according to Connections own EIS (page 15- 16), NONE of the TMKs considered for the New Campus Location to were in Puna. This should be explored. Having their campus in �—� 13' r 11 t CC/ 'Testimony of Ming Peng Puna would ease the commuting burden on those families and students who live in Puna, and they would be able to learn on land that is similar to Puna...because it would be Puna. Mr Thatcher also stated in the same press conference that the location in Kaumana is in close proximity to UH Hilo. Proximity to the University should not preclude exploring other viable locales. There are many emotional and heartfelt arguments. No one is denying the students are good children. However, this is about the construction of Institution X into an area where there is overwhelming opposition from the majority of residents who will be most impacted. The facts do not support such institution in Kaumana, especially in an area that already has several outstanding schools clustered along Kaumana within a 4 mile radius: Kaumana elementary school, DeSilva Elementary, and the Hilo schools. The Institution (Connections) seems to have acted on the presumption that this Commission will authorize their project: boundaries have been cleared, a surrounding fence installed, and articles written in the Hilo-Tribune Herald. We are just a community trying to advocate for our neighborhood against a larger institution. We do not have representation of hired attorneys. You, the Land Commision, are our equalizer. Please deny this 0 project. By denying the Edita Street special permit, you are not stopping Connections from building a school; Rather, you are letting them consider other more favorable locations for their school, while preserving quality of life in the Kaumana area. Thank you for your time. Ming Peng, MD 1547 Mele Manu St. 1347 To The Windward Planning Commission: I am a resident in the Pacific Plantations Subdivision in Kaumana on Mele Manu Street. I have lived here for almost 9 years. The proposed Connections Public Charter School site is at the entrance to my subdivision. This is not a good site for the school for many reasons.(This list is just the few that I can think of.) -Traffic-with over 500 students(200 High school, 100 Middle school,200 Elementary, Pre-school,Dorm)and staff-I do not need an Environmental Impact Study to tell me it will be very difficult and frustrating getting in and out of my neighborhood. The study done by Connections is not useful as it was done in 2009 on one day when school was not in full session(the senior high school students were already done with classes). -Lack of access to school-only entrance from Edita-what will happen when there is an accident? With more traffic,there will be accidents. -Lava Tubes-having a large number of young people around lava tube openings is begging for trouble. -inadequate water supply for the school. The application states the school would need 26,100 gallons per day. The County Dept. of water can only provide 4,200 gpd- only 16%of the water needed. This would be unacceptable if the state were building the school,why should it be acceptable for a Charter school?The lack of water is also a safety issue. In the event of a fire,I would be concerned about delays in controlling& extinguishing the fire due lack of water and water pressure. That not only puts the students at risk;but the surrounding area as well. I understand there is a plan to use a catchment system,but that may not be adequate if the tanks are not full. Fires are more likely when there is less rain. -Rain run off to that area may put the students at risk Unfortunately,so far my encounters with the Administration of Connections have NOT been positive. The Administration of Connection has not conducted business in an honest and honorable manner. -The first community meeting I attended(Fall 2011)with the Connections staff told me the school would be built there despite community opposition and that it was set. Not only was that not true,but the Connections Staff did the minimum notification about the meeting(I found out from my neighbors). -A Connections Staff member took pictures of all the houses with"No Connections in Kaumana"signs. -The fence around the lower lot was put up illegally,which is just the most visible evidence of being a bad neighbor and untrw"rthy. -In a video report Mr. Thatcher claims he thought he could put the fence up because the check for the lease had been cashed even though he was fully aware of the Planning Commission meeting was still pending. Claiming ignorance that this was wrong is also unacceptable as he is an educator and`should do his homework'. It seems he would rather ask for forgiveness than permission as he may not get permission. -Mr.Thatcher and Mr.Hong claim the Connections project are the victims in this Fencing Fiasco. Mr. Thatcher lives within walking distance of the proposed building site. The bull dozing did not occur overnight. There were NO claims of being a'vicd& when the fence was being installed. Connections Administration did NOT claim to be a 1348 Ir- "victim"when they put their lock across the gate after the fencing was done. It was only after the community reported the activity that they became 'victims'. -Mr.Thatcher said he put up the fence over concerns marijuana was being grown on county land. That is pretty far fetched and a thinly veiled excuse. Given the populated area and how often helicopters from HELCO,tour companies and medical,transportation services fly over,a farm of any sort would be noticed. Given how much land has already been cleared,I did not hear any reports of a large pot farm being uncovered in our area. -Even if the Connections Administration had permission to do anything on the lot,it should not have been done during hawk breeding season. According to their plan, page 4 section 1.6 under Fauna: "To avoid disturbance to nesting Hawaiian Hawks,tree clearing should be avoided during the breeding season from March to September.If tree clearing;must be conducted during this period,it is recommended that a survey be conducted to verify if any Hawaiian Hawks are present." I do not feel the Connections Administration has been open and honest with the Kaumana community. The Connections Administration has not been a good neighbor so far. The fence being put up is just the most visible evidence and leaves me very suspicious and concerned and not able to trust the whole project. I am privileged to have neighbors I like and can trust. I would very much like to keep it that way and I do not gust the administration of Connections. Please stop this project now. Building a huge commercial project in my small,quiet,residential community will destroy it. Currently,I have an excellent idea as to what cars belong'in the area and which ones I may need to keep an eye on. I love seeing familiar Paces when I go for walks. I love the peace and gaiet. I like that most people do not even know our subdivision in nestled up here. With the school here that will all go away. People will move out and people will not want to move in so property values will plummet. So many cars and people coming and going. So much exposure. Less sense of security and community.More fences and walls. Any big commercial project will cause this problem. Please do not destroy my neighborhood and community. If you look at the school that have been built recently(Kamehameha,Keaau,Kealakehe), you will note that they were built in less densely developed areas. You need to plan a school in a community or build one on the edge of the community and let the community grow towards it. This is so that there can be adequate roads,waxer and minimal negative impact to an established community. This allows the school to thrive because it has the support of the community. The community thrives because it welcomes and supports the school. That is not the situation here. There is lack of community support for the reasons stated above,as the school is too big of a entity for this well populated community. Please do not think that I am against the Connections Public Charter School itself. I am sure the students are wonderful people. They definitely need a campus,but Kaumana is NOT the appropriate site for a large campus. There are other sites they can build their campus. W. Thatcher claims the school should be at the Kaumana site to be near UH Hilo,but the 110 acre UH Hilo Agricultural Farm Laboratory is in Panaewa. Land in Puna was not even considered even though half of the students reside in Puna. Mr. 2 1349 Thatcher says the land at the Kaumana,site is like Puna.What is even more like land in Puna is actual land in Puna. The climate would be different at the Kaumana as the Kaumana site is at about 1000 feet above sea level. Sites that were deemed too big could be subdivided. There are other options for school sites. There are not other options for maintaining the Kaumana community. I know no one wants to be the`bad guy' and stop the school building project. By denying the special permit,you are not stopping Connections from building a school,you are letting them consider other site that will likely work out for the better in the long run. I feel bad that so much money has been spent on Environmental Impact Study,lease payments,attorney fees,illegal fencing& fines,but if the administration of Connections had done their homework and truly asked for community input and looked at it from a practical point of view it would have saved them time,money, I would not be writing you. Please stop the Connections Public Charter School in Kaumana nowt Please save my neighborhood,my community,my home. Yours truly, 44;1'" 'U Nadezna Lyn`Nalyn Ang,MD Mother Kaumana Resident ARhk Internist&Pediatrician 3 1350 yPr nn Ery ir�?� or� TAMS I5 :1,Y) GG.,v- yl Voice . _ ,ni 10 fur cI 1's i� ink work 616 U55' Frr? ` kv14 � �[ 1rT } !It , sor { 1 r was C2, y r "(An -ed 4o �� b n 4-;v i c+a d f!� W h6A be I fl? I r(A Cl 15C b 4 t y TO 2 c ct Li •' oft li e r ;C.., #o yl ou hUil 17 �kt r `l r- ,f �`0 v h(Av r a us-ed c� lo O ff' ic}--le 4v h�ri y c� oto ka 1�rc - ` t 1351 C } h TESTIMONY OF SIDNEY FUKE Mr. Chairman and members of the Planning Commission: I am sorry for not being able to personally testify on this matter due to another commitment on Oahu. Although I am one of many impacted neighbors, as a planning consultant and one who makes frequent appearances before this body, I was hesitant in publicly sharing my thoughts with you. However, as the relationship between the applicant and many of the neighboring residents deteriorated to a very low and ugly point, I felt compelled to offer a few thoughts for your consideration. You have or will hear testimony regarding the adverse impacts this project will have on the surrounding area. These are testimonies NOT directed against the concept of education or this school per se, but— because of its adverse impacts - the appropriateness of this site. Some of these concerns, in sum, are: I. Traffic: The validity of the study is being questioned, as it was done over 2 years from the date the application was filed. Further,the counts were taken when the high school seniors were already out of school. Thus,the conclusion of`ono adverse traffic impact" has been questioned. Additionally, others point out to whether the winding and narrow Kaumana Drive -•- and not necessarily Edita Street— can safely accommodate traffic for nearly 400 students plus the countless number of teachers and stat 2. Water: The project requires 26,100 gallons per day (gpd). However, only 4,200 gallons per day are available, representing only about 16% of the requirement. 'the rest will be provided by catchment system. While appropriate for certain private projects, catchment is still a sub-standard system. It's a system that would normally-Itot be ,:A. �.•Gru &�5441 1352 acceptable by the Department of Education for any of its existing or p newer school facilities. 3. Wastewater: The project will use septic system. The concern is. more an environmental one, not Knowing what is below the property and whether it would leach to the possible caves in the area and create some environmental harm. 4. Good Use Wrong Location: 'here is community consensus that, in coincept, schools are good. The overarching question, however, has been whether this is the appropriate location. The consensus is that the requested use is too big. It is trying tQ squeeze its way into an existing built up residential community and creating adverse infrastructure and social impacts along the way. The petition against a school at this site is clearly evident ofthe community loudly saying that this is not an appropriate site. Even a use that the community would like to have, such as a KTA market, would be reset with similar level of objection at this location because of its adverse impacts. If it has not been pointed out, please note that the recently constructed schools on Hawai'i Island (not couudng the smaller charter schools) have been two public schools - Kea'au in Puna and Kealakehe in Kona— and one private - Kamehameha, also in. Kea'au. Their locations are all on the outskirts and not in the heart of their respective communities with good vehicular access. The communities there can then eventually choose to build around it and not the reverse, as it would be here. 5. Qgality of Life: With the loss of the forest and its potential native plant and animal species; noise, traffic, and real property impacts; and loss of potential sense of security as pointed out by the Police Department the quality of life would be adversely affected. 6. Alternatives: The report examined only State lands in Hilo. It did not look at lands in the Puna District. Even at that, it dismissed many State properties as being too large without even considering their 1353 potential of being subdivided. Some of these were off of the Puainako Extension and in the 'Waiakea area, areas that water could be readily available; serviced with better roads; and more readily accessible to the 50% or so students coming from Puna. Other areas not considered were private lands where the possible lower on- and off-site infrastructure cost could have outweighed the initial land acquisition cost of a State leased land. Developing the Kaumana site will be costly because of the extensive off-site infrastructure cost and the need to start from ground zero. Further, when a State lease expires, all improvements thereon would belong to the State. Thus, in the event of an earlier than desired termination of the school use, a private land gives the option of recouping some of the value whereas a leased State land would not. In conclusion, if approved, I sense that the required support from Amok the community that help makes a neighboring school successful would be absent. If denied, the applicant will.have to continue its search for another site. And should that be the situation, I would be willing to volunteer some ofmy professional time to help theme evaluate the appropriateness of a potential site, one that would avoid or at least minimize infrastructure and community problems it faced here. Thank you. 1354 r �F Jptimony Regarding Connections Charter Schoa Thank you for allowing me to provide a few comments on the applicant's.request for a special use permit. 1) No one can deny that education is a fundamental need 2) No one can deny that a school that serves the needs of non-traditional and/or special needs students is a good thing 3) But also, no one can argue that any entity entering into an established community should tread carefully and make a whole-hearted and HONEST effort to be a good neighbor. This means a school, a business, or even another resident. When you come into a community, you must remember that you are the new guy and show respect for those who are there before you. Connections Charter School and its representatives have failed this miserably. If this was a to t� the school officials and representatives would have D's and E's. Aft 4 I would ask that this commission listen very closely to the concerns of the surrounding community and to listen to their statements regarding the actions, misrepresentations, and other un-neighborly acts by the school, its officials, and its representatives. 5) I would further ask that this commission take time to read the applicant's petition Y= carefully and if you have not already done so, take the time to research and confirm each of the carefully worded assertations made by the school officials and representatives. This carefully crafted document is full of half-truths and unfulfilled promises. 6) I would like to suggest that the school and its representatives be held accountable on a regular and frequent basis if they are allowed to proceed. I would further suggest that unless proof can be made of fulfillment of the promises and assertations set forth by the school and its representatives, no progress be allowed until the promises and assertations are fulfilled. Tkedq r �ejW 1355 4 7� i 7) By and large, the community is opposed to the project, and with good reason. 1 won't take up too much more of your time, as 1 am aware that there are many more people here to provide testimony on this matter. 8) 1 would just like to highlight a few concerns that would cause Me,to rethink allowing the school to go forward without imposing strict conditions upon the school and its officials and representatives. My concerns are: A) Water credits. No guarantees that catchment water will be used and if used, that there will be a sufficient supply for the 50 employees, 17 par-time employees, 360 students,visiting students, faculty and other guests and those staying in the dormitories.. Water usage by the school will severely restrict the flow to all of the upper areas that are serviced by the same wells. B) Traffic mitigation—a left turn lane at Edita will not mitigate the traffic on Kaumana and the streets that feed into Kaumana. The traffic study was done in 2010, and was conducted in late May, when the bulk of student traffic had already graduated. At the very least, a new study must be conducted and at peak times during the regular school year when the local schools, high schools, colleges and the university is in session. Furthermore, John Thatcher the community that he would purchase an easement from the adjoining landowner so that traffic would use Puainako Extension as the ingress and egress point, and Edita would be used only for emergency exit purposes. To the best of my knowledge, this was just an empty promise, since the school has not abandoned its plan to use Edita. Q The dormitory was first explained to the community to be used only occasionally, so ffic occasional visiting foreign student or student groups would have a place to stay for a few days. This expanded into occasional use also by visiting faculty and other guests of the school, The.dormitory usage is now further expanding into longer stays, by multiple groups. 1t is easy to understand that the school intends to use the dormitory on a regular if not full-time basis, 1356 D)The school and its representatives have stated that it will not use a septic system to dispose of its wastewater (human and animal waste), but instead will create a 12,000 square foot holding area to collect all the wastewater products and treat them environmentally. In the meantime, the residents in the surrounding areas will be exposed to vermin, bugs, contamination, disease, and odor. These unacceptable conditions will be increased when the planned livestock raising takes place. E) please keep in mind that the school.ad iMits that only 30 percent of its students will be bussed in. That means that over 200 students will be arriving at the school in cars, vans, trucks, and other vehicles. In addition to the 200 students that will arrive in various vehicles, there will be the 50-plus employees and other staff and guests. That is way too much traffic on Kaumana during peak traffic times. F) There are new residential projects that are being planned for the area, but the school and its representatives are not addressing the impact the school will have on the growing residential population if the school's planned expansion is allowed to occur. In closing I would ask that this commission listen to the community, do your research, and ask the hard questions. There are other State parcels that could be more suitable for the operations of the school. Thank you 1357 i ' Tear T anino_CDW,ss;ov0 Me,nnblA-S _ r - r NMP, ny) BdA& Co�. ysou.r sole jYIdC&� eWt Aad Uw -k•YlCLOO 4b 06 :N-s - au ij Aonl ao ffillest fiA6A . made rinse, in -Nnf, ' s _ v Ilbe move-CL --m _LoCali ori na. e C An. m 4Ane, T ra10(4 • Savivlq On i { � :ua ad 4lvxd�os��.�C`r�'yC� 1 --bp our Ar c �n 12L2��� QlA C 1358 r i I! for seme- L A un of 1 Trips s ` h Y1 C'� aC�r��t' or Loc, Ga 10 . i k w � � lnt av�ds . S" 1 _ — - NJ wn�� . --m U-s�k lives Q --- C i 1106-we�� �Sa -MemZ YI' —cievao - - -- have, cAeariv)a - and SwrimO - - a IA loor 4 wout d no+ be iurpctsa i t -2-0os -tom noc, � v --- - or6 C4 azak aa -nous I - ---- wln4-_Loikt1" _ � M gj s over � "fir . i ; �Yl /l.0 1 a `. ue VDP-zokg bors is I-Mod Maina V%A A �1-1 L4 blid, '0. - wnme—a ^A i i Items rand! � - -fine ne6A hors to \nave, � ttl � 'All 14AAelf- tol �s lWL" w is AWL 1360 r Chris Brilbante Realty,LIX Real Estate Professionals 280 Ponahawai Street Suite 100 Hilo,HI 96720 Office: (808)935-1007 Fair: (808)935-1313 Cell: (808)989-4955 }-Mail: chris@brilhantereally.com November 9,2012 To: Planning Commission RE: Pacific Plantation Subdivision Hello Ladies and gentlemen of the Planning Commission. Thank you so much foll taking the time to listen to the community's concerns and deciding what is best for aur community. My name is Chris Brilhante. I am a realtor, son of William and Kathleen Brilhante. My father developed Pacific Plantation Subdivision in the late 80's early 901s. I am not here to speak for him.,however I do know he is extremely proud of the community that has developed that is Pacific Plantations. Pacific Plantation is truly a unique and special place with many owners being here from the very start of the subdivision so long ago. Many have chosen to live here for the rest of their lives. My mom owns a lot that she has kept in the anticipation that someday she will move to Pacific Plantations to live out hes days. Pacific Plantations is the type of community that makes Hilo so special...safe,quiet,secure, a throw back to the communities and subdivision of the past when neighbors knew and interacted with each other, a real sense of Aloha that has been lost in so many other places. Pacific Plantation has been a hidden and well protected gena that the residents really hope that you will protect. Many residents now live in fear that their peaceful community and way of life will forever be altered and diminished. The police department itself stated,"This proposed school is being placed in a residential area that will likely affect the quality of life for residents that border this proposed site. There will be an increase in noise, crime, and traffic," As realtor,I can also speculate that due to the increase in traffic and decrease in privacy and a sense of security,this school will also have a negative impact on property values as many people including my mother have already stated that if this 1361 • f r, f school is built, I am not moving to Pacific Plantation Subdivision. That is truly not fair t the people of this area. Another factor in determining whether or not this is an appropriate location for a Charter School is that the student body largely consists of students who do not live in this area Currently,approximately half of the student body comes from the Puna District an the other in various parts of South Hilo. Shouldn't a school be located in close proximity to where people live and near the center of the probable student population for the proposed school? This will enhance integration of the school into the community and thus create a better neighborhood and a more livable community. A school should not be located in an area where the students live a far distance from the school and require students to be transported via buses or vehicles. A new school should create a sense of community and develop strong connections with the surrounding neighborhood. Shouldn't this be developed closer to the center of the probable student population? Why would you put a school where it does not have a community that is willing to provide the needed support of the students? Additionally,there is the matter of traffic along the winding and dangerous Kaumana Drive. Because Connection serves half of its student body from Puna, shouldn't the primary access be from Puainako Extension? This has been discussed,but nothing has ever materialized. I know the argument to be made is that all these factors can be mitigated. That is just another way of saying the residents can manage and tolerate the changes in their way of life. Remember what makes Hilo different is our people and our communities. We don't want to be like other areas, we don't want to have to tolerate things that people.from outside our community say that we should be able to tolerate. We love what we have. We are unique and we are different than most other areas. That's what makes Hilo,Hilo. In conclusion, absent substantial community support, absent at least a plurality of students living within the area, and most importantly the community's sense that there will be a decline in their way of life. I respectfully request that you deny this application. I believe it is a good idea,just not in this location. Sincerely, Ow Chris B ante Principal Broker 1362 Mark Chun 250 Edita Street .Milo,HI 96720 RE:'Connections School Application for a permit to build School on Edita Street, 9 November 2012 Dear Planning Commission: My name is Mark Chun I am an astronomer and professor at the University of Hawaii. My wife and I are parents of two wonderful kids- 9 and 11 years old. We live on Edita Street in The Pacific Plantations subdivision. We feel fortunate to live there. It is a special neighborhood. It is quiet. It is safe. Its a neighborhood of well respected members of the Hilo community. We are retirees and hard working families. My family and I strongly oppose siting the Connections school here. We believe that the proposed Connections Charter School will have a strong negative impact on our community with its safety issues and water supply problems. Putting the school here does not make sense. Kaumana Road Safiq As long term residents of Hilo we know that the intersection of Edita and Kaumana and the road just mauka of this intersection has a long-history of traffic accidents. Do you remember what it was like before they repaved that section of the road and before they put the extension in? Let me remind you. Those were the days when the neighbors along Kaumana put up the signs by the side of the road counting the days since the last accident(4 days,2 days, 1 day)and the number of accidents each month(12,13,14 accidents this month). We need only think back a few years to remind us that this road can not safely handle additional traffic. Why would we willingly go back to this? Why risk the safety of the residents? Why risk the safety of the children and families going to/from the seh2 ool? The location of this project is at best badly conceived and at worst a fraf o hazard for all. Knumana Gave Safety Just yesterday at lunch time the County Emergency/Fire crews were called out to our street to help a person trapped in the Kaumana caves. The person was taken away in an ambulance. It is worrisome that the School actively seeks to site a school on top of the caves and to plan,activities that take place right next to and above the caves. We know people get into trouble in the caves. Why would we willing risk the safety of the children by siting the school here?:The location of Ipthis project is at best badly conceived and at worst a safety hazard for the kids. III ' ``� 1363 1 0 r4r `1 s v' Who benefits from siting the school at this location? The community does not. We have two excellent public schools in the area and we live along an already dangerous section of the road. Who benefits from siting the school atthis location? The Connection's school kids do not The school administration has stated that half their student body comes from Puna. Are we teaching our children to commute? Who benefits from siting the school at this location? I have heard that the Principal of Connections lives within walking distance of this site. Certainly this can not be the reason they seek to place the school here. The principals that I know at Kaumana El and E.B. de Silva Elementary have always put the community ahead of themselves. Certainly this can not be the reason why they did not consider a site that better serves the children of the school by bringing the school closer to where they live. Siting the school in KaumanalEdita is truly a missed opportunity. But its not too late. You are the County Planning Commission., You consider the safety and good of the community in the near term and in the long term. This is precisely the view you should take now. Is this good for this area or is the County better served by siting the school where expansion and long-term growth is occurring and is possible. The Kaumaua/Mta area does not have room to grow and we already have two excellent public schools serving our community. This is like bringing in Gol airlines to compete with Aloha and Hawaiian. Three schools in a small market. We all know what happened. While the merits of competition in the airline market are not the topic,why set up such a situation here with three schools in a small established community when other communities want/need schools and the kids are already from those areas? Hilo is growing in other areas. The location of this project is not good planning. We are not debating the merits or type of education that the Connections Charter School can provide. As two teachers at the University of Hawaii my wife and I value the education of all of our children. As long-term residents of Hilo that are going to be severely impacted by this. project we simply do not believe that this is the right place.It will adversely affect the quality of our life,does not serve the needs of our community,and unnecessarily puts the community! students at risk. For the good of the community,deny this permit For the safety of the keiki,deny this project, Thank you, Mark Chun and Marianne Takamiya 250 Edita Street Hilo, HI 96720 �� 1369 Good Morning Commissioners: November 9, 2012 1`I�y��"Ii We've heard a lot about the school and the great work that � they have done with the kids. But this is not why I am here Y> today. I am here today to ask that the school not be granted their request to build their campus in the middle of our neighborhood in upper Kaumana. Instead of working with the neighborhood in a positive fashion they have attacked us with name-calling and media attacks. I feel.offended that I have been accused of harassing the students because I have a yard sign saying "No Connections in Kaumana". I have dedicated over 2 7 years in public safety working as a police officer, firefighter, paramedic, and an officer in the Coast Guard Reserve and don't appreciate these accusations against my family and me. This has left a bitter taste in my mouth and this is one of the many reasons why I don't support this project in my neighborhood. Others reasons include, but not limited to: • Inadequate roads • Increase traffic • Social anxieties • Inadequate water supply • Drainage and runoff Thank you for your time today and your continued service to our community. P "Scotty" Paiva 1169 Kaumana Drive IP Hilo, HI 96720 1365 a TESTIMONY BEFORE THE WINDWARD PLANNING COMMISSION I support this project, but not at this location. I know that the commission received many letters from parents of students currently attending Connections however they do NOT live in our neighborhood. The people that live in the neighborhood do oppose the project. The proposed project is not appropriate for this particular location. In this case, many people that live in this community feel that it is not appropriate. We have gathered over 500 signatures testifying to this opposition. This map shows those that are against having this large facility in our community because there are environmental, infrastructural, and social impact issues that cannot be easily mitigated or overcome. We have been unfairly accused of being NIMBYs (NOT IN MY BACKYARD)-. However, that is not what we are saying. For the most part, the testifiers are not saying that the land should be kept as is. They are saying that the proposed use will create too much of a negative impact to this area. They are many other uses that would blend into and not extensively disrupt the'community, such as a day care facility. There are other places that are appropriate for schools or commercial uses like a KTA Superstore or a Costco. We disagree that place is here because of the level of negative impacts those uses would create. 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LLA u7 W -j I D 3 O a 6 Lu J, kIn lij 1--L A 96E-i 3000/d00QdA{11���Pa`� �� WdZ '9 ZIOZ •AOfi� } OMH -flOU 9Z:91 NO MON ■ 'kv xl� m Al • '13 E-Al 7 471 ti. October 9,2012 TO: Windward Planning Commission FROM: Wayne Kanemoto SUBJECT:Connections Charter Schools, Kaumana I oppose the building of the Connections Charter School in Kaumana.Schools are usually built in a location to serve those in their community.They play a major role in the life of the community,serving as a place to gather,focus of support thru advocacy and finance,a safe haven for our children as well as a source of pride.Students in this community are not the priority of this school.The majority of the students of Connections Charter School do not live in this community. In my view,Connections has not met or addressed these things. As a school administrator and teacher,on Oahu to this island school,support from the community was a critical component for success. I would solicit and consider input from the community when making decisions ranging from finance priorities to curriculum directions. I have not seen Connections take effective means to engage the community. Meetings were held by Connections to provide information and solicit questions, I did not experience contacts that addressed how Connection would benefit me and the community as a whole."As a good neighbor" Connections has not gathered community support and this may be an indicator on how they may behave in the future. Connections has not been recognized as a school of excellence,from what l have researched.Charter schools that succeed,as with any other school, must demonstrate the ability to improve academic achievement.Connections has not met the Annual Yearly Progress and is in restructuring. Another concern is the sustainability of any school without a reliable financial commitment for construction and school operations.Public schools have faced a struggle for existence which has been further compounded by the economy.As an administrator at several schools, I have experienced challenges that Connections will face. unless there is sound financial commitment,the probability of survival and prosperity is slim to none. In summary,Connections does not have my support because they are not focused on students in our community,have not taken effective measures to gain support of our community,not demonstrated the ability to meet the academic standards for excellence and the financial commitment to construct and operate a school.They should not be permitted to construct their campus here. Allork WayneK nemoto • I ✓ 141, TESTIMONY--CONNECTIONS CHARTER SCHOOL My name is Ivan Mochida and I am building my home on Edita Street near the proposed school. I am a small contractor and have been involved in building on properties that also require approvals by the Commission and Council. Thus, I am familiar with the Importance of working with the neighboring community. 1f 1 had known that the school was going to be built there, I would not build my home. I was hoping to live and retire in a peaceful residential community. With the school, however, all of this would be lost. The noise impact would be great. The traffic impact would be huge. The quality of life that I sought would be gone forever. In turn,this diminished quality would reflect in the reduced value of our properties. It is certainly not fair to ram'a land use with such a huge impact into this small residential community. Don't get me wrong, I am not against anything happening on the property. I belieNk!ihat-there are many uses that require Planning Commission approval that I would be supportive of.•Some of these uses include a nursing home, small medical facility,or even a childcare facility. The Impacts of those kinds of use would be benign. Like my neighbors, we believe that schools are needed. We just believe that because of its huge impact,the site would be in the wrong location. it would be no different than haying a Costco or KTA Supermarket at this site. Good use,wrong location. Please help us by asking the applicant to find another location and by denying this request. Thank you. IV -,OCH IDA ((Date) C70 o Mochida Contracting 77 Kukila Street Hilo, HI 96720 till 141 4' My name is Aileen Fuke, and I taught in the public schools for nearly 2�0 years. Our residence is less than a stone's throw away from the proposed school. Initially, I was not going to testify because I am not comfortable speaking in public and it would have also been redundant of the testimonies of our neighbors,, However, there was an incident which happened between my husband and the Applicant a few months ago, and then more recently, having the community accused of bullying and harassment because of its opposition to the project, I can no longer remain quiet. My husband, Sidney, is a planning consultant. He could not be here today, as he had to attend a State land Board meeting in Honolulu. He appeared before you on behalf of Regency South's planned skilled nursing facility in Kaumana, which you approved a few months ago after all issues were addressed and members of the neighboring community expressed their support. He coordinated a May 14 community meeting on that project before the application was filed. After the meeting, he was approached by the principal of Connections. Let me read you excerpts of a string of email - a full copy of which is attached to this testimony-that describes this encounter. May 14, 2012: After the community meeting, Sid emailed his client, Greg Pyle of Regency South, the following: "Greg: Could you please share with me what exactly did the fellow from Connections charter school told you about me and their project? He made a lot of personal accusations then and I wondered what he told you. Thanks." Greg replied: "Hi, Sid: He didn't say much about you other than that you were `stirring up trouble' against his project. He more threatened me that he has a number of people who will cause problems for our project if you do not change your tune about this. For what it's worth, I told him that I hoped he would-judge �ur project :1� r . 1416 on its merits.and that we would not be held hostage...It is unfortunate that he is resorting to such tactics... . May.15;2012: Via email, Sid informed the Planning Department of the community.meeting and ofthis encounter. This was shared only as a pre-emptive measure to alert the Department of possible extraneous reasons that may surface against the Regency project. He tFten:gmailed his client, "It you want me to step away from the (Regency) project....-M-1ighCof the 'threat', l do understand and have no problems with it" His client responded by asking-him to stay on. Also attached-is:a subsequent email between another member of Connections and Sid)-apalogizing for the behavior of the principal and requesting the name of the'person-who had concerns about their project This email only further confirmed the incident. As an educator., l.strongly believe in the value of education, be it derived from a -charter, private; public or even home school. l also know what bullying is. We have always watched out for and tried to address bullying among students. In my opinlon, SI&and his client were clearly the victims of bullying, bullied to the point where.he was willing to end his role with Regency to save the project He is a very:forgiving`person and told me that"life will go on, so don't worry about it" True, but let me.close by saying that this bullying is very shameful and sets a very bad example for the school. Aileen Fuke 1353C Mele Manu Street 1417 om:Greg Pyle 4'mento:=g@regepOEsaut]_co:oa.1 It: Tuesday,May 15,2012 8:05 AM o:<si i waJiaatei.net> Cc: David Stroud Subject:Re:Community Meeting-Regency's Skilled Nurshing proj e.A M Sid Tbanks, I don't;think there is any reason for you to step back or reduce your involvement Thanks, Greg Sent from,my iPhone On May 15,2012,at 7.3 9 AM, I Sid Fuke" <SidtukP awaffantel. wrote: Gaeg. ` Thaywo4 f9f my asking youthe-questipn was PRECISELY for this purpose. I,wanted: the Planiung.staff( rho will be handling your application)to understand where--if anything— any possible extraneous oppositionm.ay come from. At, :thp same time, I wa4 using this to provide•them with an update of last night's meting,whiz.shad proms therm earlier,as well as to let thew lmot�of our filing plans. Will call you upam completion of my 9:30am meeting. Sid p.s: If Yoix-w,a}�,n}e;�-step away Pram the project or assume a more incognito role in liglirt of the . "threat", I da ixndestand-and have no problem with it. From: Sid Fuke fmailto:sMAU@hawgiiantel.ne 1 ,Sent: Tuesday,May' 15,.201!7:30 AM To: 'Fujimoto,Phyllis; 7)a*%Arai' Subject: Commimity Meeting Regency's Skilled Nursh3ng project , Good morning PKF and DA: . The mpotmg:re:Regency's sJcilled nursing project last night was--all in all--as best as could be expecte . -The concerns appeared not so much against the project per se but existing traffic safety issues-a Kanmana Drive and how this project can either help or exacerbate the issue. Many offered some constructive suggestions,suggestions that are doable,provided that the County�J4-all right with them. While other points were brought up by Don Pakele of the neighboring T wma WV y Association, they,too, appear to be quite mitigatable. The meeting ended with our assurance of getting back to the community with proposed mitigations after further discussions with.the County. z 1418 Regency intends to file its UP application this weeR. Between now and the possible August 2nd hearing date,we will try to address most if not all of the community's concerns. We certainly don't want to go through a contested case hearin;,and equally;:o,Regency doesn't want to locate in a place where it is unwanted. We will try,our best. At any rate and FYI only,below is a string of er u ils b/w Greg Pyle of Regency and I recounting the"threat"from the leader of the"Connectiow"project near our home at the end of the meeting. Interesting, and please take it for vvbat it's wo;~th. Sid From: Greg Pyle f mailtoe &egency-south.com� Sent:Monday,May 14,2012 1:51 PM To: <sid kena awaiiantel.net> Subject: Re: Community Meeting M Sid He didn't say much about you other than that you were "stirring up trouble" against his project. He more threatened me that he has a number-of people who will cause problems for our project if you do not change your tum about his.For what it's worth I told him that I hoped he would judge our project on its merits and that we would not be held hostage. I think I understand the situation, and it's w ifortunate that tae's resorting to such tactics,but it does not bother me. Thanks again for everything, I really appreciate your'guidance and support. Greg Sent from my iPhone On May 14,2012, at 7:40 PM, "Sid.Fuke"<sidfuke�lhawaiiantel.net7 wrote: Greg: Could you please share with me what exactly did the fellow from the "Connections" charter school told you about me and their project He made a lot of personal accusations then,and I wondered what he told you Thanks! Sid .Y 2 1419 f Sid Fake lFrom. Sid Fuke[sidfuke@hawaiiantel.net] ent: - Tuesday, May 95, 2092 6:28 PM o: 'William Boyd' Subject: RE: Senior Care Project Hi, Thank you for your comments, powever there is no need for you to apologize for someone else. It is what it is. Regarding your request,I do not feel comfortable to sharing her contaez information with you, as 1 may be mischaractertzing her concerns or position. As such, I will contact,note your request,and provide her with your contact Information then both of you can take It from there. Thank you. Sid From:WIN= Boyd mailto:e eboydOpvahoo.wm Sent:Tuesday,-May 15,2012 9:25 AM To:sidfukeftawalaa�l.net Subjftft: Senior Cara Project My name is Eric Boyd and I am from Connections Charter School.I want to apologize for Mr. I atchees comments last night i understand that he was a little blunt.I want to say that we support your project anal' believe that a Senior Care is what�lo-needs.It sound like a great project and a lot of thought went into the planning.As you know there are a lot of things that goes into a project like your project(and ours) and I think Alkae times people get so passionate about it that it comes off as being negative when in falct there are just ceras,or miscommunication that needs to be cleared up. Tbank you for the meeting last night and all of the information. Mr. Thatcher told me that there was someone else that you mentioned,who had some.major concerns about our project.He could not remember the nye of the woman-you mentioned.I would like to contact herr and answer any questions that she may have about the project. Can you please give me her name and contact information so that i can help facilitate good communication between Connections and the oucimunity.Have a nice day. i Dear Planning Commission: I am requesting that you deny the application of Connections New Century Public Charter School (CNCPCS). I was born and raised in Kaumana,watching it slowly grow into the community that it is today. My husband and I chose to build our home and raise our family here because it is peaceful,safe, and serene. My fear is that this will be no more should CNCPCS be allowed to build their proposed campus off of Edita Street-a single entrance residential community. I am very concerned about the noise, odors from the livestock,students on campus 24/7 living in dormitories,and increased traffic that the school will bring. I am a public sterol educator and place high value in the public school system. However, a school should serve the community it is located in. Principal Thatcher stated that at least SO% of his student body comes from the Puna district. Therefore,why would you want the majority of your student population to travel to another district to attend school? Recommendations from the Planning Department(page 4) states, "A school should not be located in an area where the students live a far distance from the school and require students to be transported via buses or vehicles." The Planning Department also stated that the School "should not attempt to isolate itself from the community"and"create a sense of community" (page 4). How can 1 trust that CNCPCS will do these things when they have already accused us,the community, of bullying and intimidating them? I am very concerned that CNCPCS will do minimal mitigation on the concerns of the community. Please deny this project. Thank you very much, awn Paiva 1169 Kaumana Drive Hilo, HI 96720 a LryIJCSr 4 1421 r Mr. Zendo Kern, Chairman and members of the Planning Commission: I am a resident and homeowner within 1,000 feet of the proposed school. I wholeheartedly agree with many of our neighbors who have expressed concerns over the adverse traffic, environmental, and quality of life impact that will occur with this project. Given those concerns and the applicant's desire to situate its school here, one of the more telling testimony came from Mr. Wayne Kanemoto, a former educator and principal. He noted that a school's success is largely related to the community it serves, which, in turn, engenders community support. In this situation, will the school serve the immediate community? No! Is there the needed community support? No! Thus, it-is clear that this important criterion for the success of a school cannot be met at this location. The applicant has not provided any figures as far as the number of projected students coming from this immediate area. Personally, I don't think many, since most who live in this area are either retired or close to retirement. At any rate, we are led to understand that the applicant at different times has represented that at least 50% of the projected students will come from the Puna District and another smaller percentage from outside of Hilo. Knowing that, why couldn't the applicant seek areas where at least the majority or even a plurality of its students would be coming from? In looking at the Environmental Assessment, it evaluated only the South Hilo District. There was no examination of State lands in the Puna or Hamakua Districts. And even within the South Hilo District, according to the Assessment, many were quickly dismissed only because they were too large_ Yet,they could have been subdivided to suit their size needs. And some of these areas could be even closer to the students the school intends to serve. I attach the evaluated sites for your information. For your information, none of those alternative sites were as close to the principal's residence as this one. 1 think we can all agree that a facility educating our youth is good. However, absent substantial community support; absent at least a piurali fG students living within the area; and all the other adverse impacts raided,by e . . t 1422 communityrelating to traffic infrastructure and quality of life I res ectfizll g � a � t3' � P Y request you to deny this application. It is a good use and concept but given all of the above, it is in the wrong place. 1423 FINAL SWIRONMEENTAL ASSESSMOgT ' Connedow Public Qioder School,Keumano,South Hilo,Hawaii Table 2-1. 11M Considered for New Campus Location TMK LandArea Reason for eUghation 2-4-012:009 14.37 Too small.;limited access 2-4-012:010 3,99 Too=4-limited access 2-5-003:020 16.29 Too small:Lha a of parcel not conducive for school 2-5-003:02 23.96 Too small; sha a of parcel not conducive for school 2-5-006:003 28.24 Limited access;powerline easement running through property 2-5-006:142 5.76 Too small, shape of parcel not conducive for school, owerline easement n!p!4M throu roperty 2-4-001;010 13,58 Too sma11- fronts onto a ma or,hi -s eed road 2-4-0011,011 6.19 Too small;fronts onto a r�aa or,hi h-s eed road .24-003:01..2_ 159,12 Too large 24-0,03:026 102,00 Too large 2-4-003:027 6.8 'Foo small; no access 24-003:050 8.88 Toa small 21:! 6;03 --19:60 Too lar e 2-4-006:035 45,77 No access 2-4^076:036 41.2 J Too far from bus route M 1.3 miles Amok 233 Deferred Action This alternative-would delay the process of identifyh►g, securing, and developing a site for the construction of a new campus. This would delay the lease agreement-process and in turn, delay the transfer of the proposed project site to the Applicant. In addition, there would likely be an increase in planning, desip, and Gons4rucdon costs in the future that would be financially burdensome for the applicant and could potentially preclude development of a new campus altogether, r. 4 AICA 1119112,Connections school campus project on Edita Street W name is Robert Wyman and t have lived on Kaumana Drive with my family for 9 years, the last six years above Kaumana Cave. I ride my bike to and from work via Kaumana Drive two to three times a week. Kaumana Drive Is a very dangerous road on which to walk or ride a bike and I fear for every pedestrian I see moving along this road, especially my 7 year old daughter. The condition of the road is poor in many.areas and there is essentially no curbside on which to walk or ride safely. The traffic on this road is excessive in the morning and 1 am greatly concerned about the introduction of a large number of additional vehicles trying to access Edita Street by Kaumana Drive from above and below. What I have understood from the traffic study Indicates to me that it was not done properly. Consider the steep approach of Kaumana Drive from above Edita Street. And consider the cars turning left off.of Kaumana across their path. Consider the vehicles headed to Saddle road backing up behind them. And finally consider the vehicles travelling to Edita by way of Pualnako Extension. If you live on Kaumana Drive above the cave you know that It Is a'drag strip'. Someone Is gang to die there by a vehicle accident. The 35 mph speed limit means nothing and it is an outlaw traffic condition. I have never seen a car pulled over for speeding and I_am dlsgusted y the use of this section of Madd. But over and above this is the safety risk it poses to the elementary school and pedestrians walking in the vicinity. Adding more vehicle traffic on this road I believe Will negatively impact this community. Is the data correct,232 accidents on Kaumana Drive last year and 191 this year. A statement from the Police that'There will be an Increase in noise, crime and traffic.'in this vicinity should give pause and serious consideration to the project. respect the work of the Connection School and their commitment to the students but I want to know when wilt this road get safer,slower,wider? I am very concerned that there is gross misunderstanding of the nature of the traffic on this road by persons who do not live there and that efforts to mitigate it will not be effective. I respectfully request that the project be denied. Thank you. Robert Wyman 184D Kaumana Dr1w wymanrt hoo.com 1425 1119112,Connections school campus project on Edita Street W name is Robert Wyman and t have lived on Kaumana Drive with my family for 9 years, the last six years above Kaumana Cave. I ride my bike to and from work via Kaumana Drive two to three times a week. Kaumana Drive Is a very dangerous road on which to walk or ride a bike and I fear for every pedestrian I see moving along this road, especially my 7 year old daughter. The condition of the road is poor in many.areas and there is essentially no curbside on which to walk or ride safely. The traffic on this road is excessive in the morning and 1 am greatly concerned about the introduction of a large number of additional vehicles trying to access Edita Street by Kaumana Drive from above and below. What I have understood from the traffic study Indicates to me that it was not done properly. Consider the steep approach of Kaumana Drive from above Edita Street. And consider the cars turning left off.of Kaumana across their path. Consider the vehicles headed to Saddle road backing up behind them. And finally consider the vehicles travelling to Edita by way of Pualnako Extension. If you live on Kaumana Drive above the cave you know that It Is a'drag strip'. Someone Is gang to die there by a vehicle accident. The 35 mph speed limit means nothing and it is an outlaw traffic condition. I have never seen a car pulled over for speeding and I_am dlsgusted y the use of this section of Madd. But over and above this is the safety risk it poses to the elementary school and pedestrians walking in the vicinity. Adding more vehicle traffic on this road I believe Will negatively impact this community. Is the data correct,232 accidents on Kaumana Drive last year and 191 this year. A statement from the Police that'There will be an Increase in noise, crime and traffic.'in this vicinity should give pause and serious consideration to the project. respect the work of the Connection School and their commitment to the students but I want to know when wilt this road get safer,slower,wider? I am very concerned that there is gross misunderstanding of the nature of the traffic on this road by persons who do not live there and that efforts to mitigate it will not be effective. I respectfully request that the project be denied. Thank you. Robert Wyman 184D Kaumana Dr1w wymanrt hoo.com 1425 Joel Truesdell 250 Kristiano St Hilo, HI 96720 The focus of my testimony is centered on the Edita/Mele Manu community that would be impacted by the granting of the request by Connections Charter School. The Edita/Mele Manu community is composed primarily of people of age 40 and older.I could only identify 4 families with young school age children that would have the potential to attend the proposed school living on the 0.8 miles stretch of Edita through the end of Mele Manu and including the side streets. From page 2 of the County of Hawai'I Planning Department Recommendation document dated July 28, 2012, the following is noted:The greatest difficulty we encountered was determining whether of not this is an appropriate location for a public charter school whose student body largely consists of students who do not live in this particular section of Hilo. Currently,there are approximately 50%of the student body coming from the Puna district and approximately 50%corning from different locations in the South Hilo district, The fact remains that as the school is developed and the student body evolves,the school could mature into an institution that more directly serves the residents of this area. Given that the bulk of our community are either mature beyond a child bearing age or retired,I cannot ever see the community establishing a positive relationship with the school.To inserta school into a community that will not have a natural connection and already has a strong opposition to is forced integration. There is NO evidence that this will translate into the hoped for assimilation that was described above.The instruction of 381 students and the accompanying staff members will drastically change sleepy little Edita Street into a traffic nightmare.Pulling out of Edita Street onto Kaumana Drive can already be dangerous. When people coming down Kaumana Drive are exceeding the speed limit,they come around the blind turn to quickly to react The accident rate on Kaumana Drive is already very high.I think that we average about 4 traffic accidents per week. Inserting the school with the accompanying traffic in this location will increase this rate and almost certainly increase the number of people who are injured or killed, 114 dicl 1426 t� On the environmental note,l have been teaching students how to grow Hawaiian plants and how to restore our native forests for over 20 years.Granting access to a native'ohia and uluhei forest for the purpose of teaching reforesting or conservation is very risky at best.Anything that they do in a native forest is going to have a negative impact.The better course of action is to have them reforest an area that been developed. To damage a native forest in order to study how to save it is like releasing CFCs to study the ozone layer or releasing COz or Hz0 to study global warming. I see absolutely no valid reason to grant access to the'ohia forest parcel. Having read the 19 recommendations stated County of Hawai 1 Planning Department,l am distressed to see that none addressed assimilation into the community. Granting this application would allow the Connections Charter school to not only disrupt an existing sense of community,but also not be accountable. After searching and evaluating, l cannot find any advantage for the existing community to have this school in this location. Therefore,l ask to deny this application for the reasons stated above. 1427 Karyn N. Tada 254 Edita Street Hilo, Hi 46720 Karyntada@hotmail.com Testimony for the.Windward Planning Commision: The first time we heard of Connections plan to build a school in Kaumana was in the news paper. We were quite shocked that a project of this magnitude could be shoved into our neighborhood without any notification. When my husband and I moved to 'Edita Street .over 20 years ago, it-was because it is a quiet area with conscientious and caring neighbors. While diverse in various lifestyles, occupations and interests, the common thread for us all is the sense of community. I have grown to truly appreciate the lifestyle and those living in fhls area. By permitting Connecfions Charter to build a large facility, it will change the climate of my neighborhood. As concurred by our police department, crime, traffic and noise will increase as a result of this school in our area. As. a teacher serving over 20 years at Hilo High School, I am well aware of all the activities that running ❑ school entails, along with the traffic, noise and weekend activities..Our area-is not.adequate to sustain a facility of that size and student count. I .. � �=strongly feel thafi° dllowing- the--Connectidns. Charter School -to -be .built will'severely disrupt. the dynarrmics of Kaumana.and;Edlta Street. I i+vould be 1% building 2 Prince Kuhio Shopping Malls that area. {1 PKM = 510,381 sq ft = 11 ac} I have served in many school advisorships and mentored many students. I am also aware of the wide spectrum -of students the Hilo High School Complex serves. I wholeheartedly know that the Hilo High School Complex provides all to all from every socio-economic and ethnic backgrounds. My three children have all attended Kaumana Elementary School, Hilo intermediate School and Hilo High School. All have y leaped the value of what it means to be part of a community as well as being a community contributor. The Connections Charter School's student body consists of students primarily outside . .Jq:Kaumanq area; l am not debating the merits. or.type of education that the Connections Charter School can.provide. As residents that are going to be severely impacted by this project, I do not believe that this is the right place, It is too big, does not serve the needs of our community, and is not close to many of the students-it intends to service. Both De Silva Elementary and Kaumana Elementary. Schools are less than 3 miles apart from each other and less than 2 miles from the j ril. s _ tR �� � 1 428 proposed site. I feel there were other options that were not considered that would be closer to serve the Connections students that would not have a negative environmental impact and offer more efficient use of their money spent for infrastructure and operational costs. Please deny the-advancement of this project:. Sincerely Yours, - fiv� Karyn N. Tada- - GIe n K. Tada - .v . .-v-�A-:.>r:"iW r.. w.. y. . .: rv_..•�..d'. .�.�w.r1i..v...-... .. .. . .�-.-.-nw.... ...J .-. .. . . ..�l.Y.'.1- ..+...- -.. _-... 1429 •y My name is Patti Nishimoto and I live in the Pacific Plantations subdivision. I have lived there for four years, but I have lived in Kaumana for over 40 years. My family has lived in Kaumana for over 90 years. Four generations of my family continue to live in Kaumana. Over the years, Kaumana has experienced its fair share of growth. I am not opposed to further growth and development but whatever growth that is imposed upon this community needs to be of the right kind, should meet the needs of and benefit the community. Being an educator, I am very aware of the excellent area schools that serve'our Kaumana community. Many are, according to the No Child Left Behind Act, "In Good Standing". To have an additional school in such close proximity would be somewhat excessive and is unwarranted. Though I understand that a charter school is not obligated to serve a particular geographic area, there is concern that the large majority of the Connections student body, do not reside in the Kaumana ANIk community. The daily influx poses many concerns. How will such a school grow into an already well-established and aging community? Would it be reasonable and fair to ask the Kaumana community to bear the environmental, infrastructural, and social impact issues not to mention other deleterious effects yet unknown or undetermined? Growth must be planned thoughtfully, with deep consideration for those closest to the change. Careful consideration must be given, even more so, when those close to the change feel so strongly that the detriments outweigh the benefits. 'thank you for considering my testimony as you decide the fate of our Kaumana. 'd a�! g by 'a x�ia IE Cop r—�— 143, ay To the Windward Planning Commission: I'm Les Sakamoto. Thank you for this opportunity to present my testimony: Location! Location! Location! No doubt you've already heard this from a realtor. After all, it's their mantra. And for good reason! • Right house, but wrong location, and the resale value suffers. • Right business, but wrong location, and the enterprise fails. • Right school, but wrong location—well,you get the picture. Case in point—the new Connections School: Great concept, BUT WRONG LOCATION!!! So just what constitutes the RIGHT location?The Hawaii County Planning Director states: "A school should be located in close proximity to where people live and near the center of probable student population.A school should not be located in an area where the students live a for distance and require to be transported via buses or vehicles." Although the Director issued a favorable recommendation for the school, I must remind the Commissioners that it was done WITH RESERVATIONS,and subject to change based on the testimonies presented at this hearing. In the Director's Background Report, it is stated that "The Planning Department has not received any objections—from the general public or adjacent landowners..." Well, today we are here, representing those adjacent landowners and hundreds of others who could not be present, to express our overwhelming opposition toward locating the school in Kaumana. We are NOT.against schools, and we are certainly NOT against the students of Connections. We truly want the-best education for the childrei 'of this and future generations, including those at Connections. Frld ✓k�dci ti 1431 What we ARE against is the LOCATION of the proposed school. ASIC yourself: Will the school be located in close proximity to its probable student population?The answer, of course, is NO.Already, half of the school's student population comes from the Puna District, the fastest growing on this island. Who knows, in five years, perhaps three-fourths of the students might come from Puna. Wouldn't it make sense that the school be built in or near that community? Ask yourself: Will the school serve the Kaumana community's needs? Highly doubtful, and certainly,the numerous detriments far,far outweigh any perceived benefits. Besides, we already have many well-established schools serving our area, including Kaumana Elementary, E.B. deSIIva, Hilo Union, Hilo Intermediate, and Hilo High School. Ask yourself: Will the school create a sense of community with its surrounding neighborhood? Again, no! Over 400 people signed a petition opposing the school's location in Kaumana, because its adverse impacts on the residents of our neighborhood—and beyond—CANNOT be satisfactorily mitigated. We believe there are alternative sites better suited for the school, some of which may have been summarily dismissed by its administrators as being "too large" or "too small", and other sites that were not even considered or fully explored. We ask that you,the Windward Planning Commission, DENY the Special Permit, and in so doing, compel the leaders of Connections to seek an alternative, but appropriate location for their new campus. Only then will the school be able to advance quickly—and harmoniously—to achieve its stated goals.The students, their parents, and the faculty deserve no less. Thank you. Les Sakamoto 1439 Mele Manu St. Hilo, Hl 96720 AML 1432 To: Members of the Planning Commission From: Oarlene Wingate PO Box 1427 Keaau, 96749 Date: November 9, 2011 My daughter Shelly is twelve years old and in the 7th grade this year at Connections Public Charter School. My husband and I chose Connections after researching the school of our district as well as other private and charter schools. Shelly has been at Connections since kindergarten. As parents, we appreciate the teachers and staff at Connections who are dedicated to providing a well rounded curriculum. All students are treated with respect and there are no special education classes. The school has always emphasized respect for the land, respect for knowledge, respect for each other, and respect for one`s self. The school promotes independent thinking along with the idea that we are all inter-connected and must care for our land and each other, We have been inspired with the schools cultural programs: exchange students from Korea,Peru; involvement with the Inter-tribal Powwow; a kupuna teaching Hawaiian, a kupuna teaching ukulele; a horticulturists working on community gardens with the students, Mandarin offered at the high school,anti bullying programs for all grade levels. We have been impressed with the fact that whenever we have been at the school 1)every teacher knows the names of every student. 2)student and teachers have good relationships and 3) students are happy The elementary and intermediate students have been housed in the Kress Building in downtown Hilo and the high school campus has used a building at the Nani Mau Gardens. They have utilized Mooheau Park and K,alakaua Park for their outdoor activities. The parcel of land off Edita Street will help Connections to provide a school campus that can meet its goals of teaching students that knowledge comes from many sources: to care for one another; to care for the land and learn to agricultural practices for our sustainability; to embrace our kupuna and people of other cultures; and explore educational opportunities that inspire independence and make our world a better place. �� q` 1433 November 9,2412 Windward Planning Commission, My name is Marylou Meek and I am the new kindergarten teacher at Connections Charter School.I am blessed to have the opportunity to work at one of the premier schools in Hilo.My position as teacher is choice in the Hilo community and sought after by students in the Teacher's Education Program at UH Hilo.Y am very lucky to be part of something great. There is resistance in the Kau nana area in regards to the new facility for Connections Charter School. I can testify that Connections Public Charter School(CPCS)is an institution of the utmost professionalism,respect,and rapport in the community.We are goal and future oriented as we look to constructing the new facility. CPCS is a choice school where families from all over the district bring children and youth to receive a better education than schools closer to their home.We are dedicated to a small classroom size compared to other DOE schools in Hilo.I currently have a classroom of thirteen students.Not only is the teacher and student ratio smaller but there is an assistant teacher in most of the lower elementary classrooms.The,assistant teacher works in the classroom for the entire school.day and the setting resembles a co-teacher atmosphere.We are a nurturing community where students maintain a relationship with his or her teacher and move through multiple grade levels with the same teacher. We are connected on many levels. I feel strongly that expanding and developing Connections will be an asset to our community. Please help to preserve our student's future by looking at the new school from their perspective. Sincerely, f lou Meek �� 1434 r r Brian Hopper graduated from Connections Charter School in the first graduating class in 2008. He applied to the US Air Force and was accepted in a 6 year program. He has since IM I : ' served his country both in Afghanistan and Iraq. ,.; He is currently stationed in Pensacola, Fl. This young man had a difficult time in the public school system. He was falling behind and despite our efforts to motivate him, he just couldn't seem to connect with his teachers or the school. In desperation we were able to obtain a transfer to Connections in mid year of his 8tk grade. This change made all the difference in the world. We were able to work together with the teachers. Whenever he would start to slide back his teachers and staff would get together with him and his mom and grandparents and find a way to get him back on tract. The school became a part of his family. These people genuinely cared about Brian and his future. Had Connections Charter School not taken Brian as a student you would not see the picture above. We are very proud of him and very grateful to Connections. Brian's two younger brothers are currently attending Connections and doing very well. We are proud of them and look forward to their graduation Connections'Charter School saves lads and families. They deserve community support. They are an asset to this island. It 1435 Joshua Whisfer Connections to a New Campus Connections should have the right to build a new school.A better school with better facilities will give us better opportunities for a better education than what we will probably get from this building. This new school will improve the children's learning.I would like a legitimate reason why we should not build a school for learning.We are being judged on our class.We are not bad people,and we come from the same community as them. We are being stereotyped by a vocal minority but we deserve a better school.Those people in that minority have judged us for things we are not,with vandalism. Students and families should not be judged on their class when we all live in the same community. The people that do judge us do not even know us.We are kind people that help our community and a nicer campus with better learning experiences is not unreasonable. If we get a better campus it will give students better opportunities when we get older.We need better educational chances for our firiure generation. The children should get as much knowledge as they can,because they will be the people that controlling the economy.If we want the place we live in to prosper we need a good foundation for the kids. They will be older ones soon enough with power,give them the knowledge of what to do with that power. Connections should be able to build a new school in Kaz1mana Better facilities will help the children learn more and better.We shouldn't be vandalized on our campus, and have to listen to claims that we are criminals. We are being judged on our class and thats unreasonable. Our children need as much productive opportunities as they can get.The future generation's need this new school. 143! 1 Nainoa Campbell Connections in Kaumana Give us,the people of the Connections Public Charter School,a reason why we can't have or shouldn't be able to build a real school located in the Kaumana district We are being stereotyped as bad, and horrible people when we don't come from a different communities,but we come from the same community as they do. It will give us students,teachers,and parents an opportunity for an education. Also believe it or not it will benefit the community of Kaumana too. We are being stereotyped by, not all of the community in Kaumana, but just a big vocal minority of people that don't understand that we need this new campus.We are being vandalized at night by some of these people, and for what reason are they doing this?Is it to hurt us?Is it to scare us away? They could just scare our little elementary students. These are the kids that need this type of education,they are going to need our help for a better school,and a campus with more opportunities to have a better education. But,worst of all these people barely if even know us out there. How can you judge us without knowing us. If we were,for example Kamehameha schools,would you guys care then?We are the kind of people that would help out our community,not destroy it,and a nicer campus to learn on should not be unreasonable at this point Don't you want the students of this and later generations to succeed and have better opportunities in life.We shouldn't be judged on what you think of us and definitely not vandalized about it either.You should get to know us and judge us on what you know of us,F bet you'll like us, We have as much of a right to be their as you guys do.How would you be able to protest about these things when the generations to come needs this. This is the reason why we need a new campus,for all of these opportunities."We the people of the Connections PCS have the right for a new campus in Kaurnana." 1437 Aloha members of the Windward Planning Commission. My name is Jeff Gomes,I live on Edits Street This is only one of the many reasons the Kaumana site is a WRONG choice for the Connections expansion. John Thatcher's obsession with his horse barn has led him to become disconnected with his students and staff. Despite having lived on Kaumana Drive within walking distance to the proposed site for years,he ignores the fact that one or more of his students will get injured or die at the intersection of Kaumana and Edita Street (handouts) Less than a month ago one of my neighbors got hit at this intersection. Look at the innocent faces in front of you and remember when you first drove. These kids will be driving soon and they will fail to negotiate that left hand turn onto and off of Edita Street,try to beat the car heading down the hill with the right of way and BAM! DEAD. There are many alternative sites that would be much safer for the children and the environment Dr.Fred Stone has repeatedly asked and advised John Thatcher not to raise any type of animals on either the mauka or makai parcels because the sewage from the . animals will drain into the cave system and kill the living organisms. John refuses to budge and continues to ignore the existence of cave life,but still claims to lead an environmental school. His actions have been anything but environmental. By sneaking the E A past the residents he now berates at every public opportunity,he did not allow us the right to inform those concerned that there were endangered hoary bats living on that property. Instead he had his son Justin lead the survey team around the roost and eventually kill the bats by bulldozing: At community meetings Thatcher made it crystal clear that hand clearing of the site would be done for fencing and buildings to lessen the environmental impact. He was even quoted in the Hawaii Tribune Herald 11/9/10. June 4,2012 Connections LSB voted to do exactly the opposite. (handouts) This is who they hired to bulldoze the property for$70,000.00 and put up fencing As soon as the job was completed in accordance with the contract these men were fired without being paid. The contractor was setup and the parents of the children should be concerned about lockdown procedures. August 2012 DLNR sites CPCS for illegal actions on the proposed site. Instead of apologizing for the misunderstanding;John Thatcher and Ted Hong conspire to lle and tell the public,`We didn't know what they were doing"but;they forgot every resident in Pacific Plantations drove past Eric Boyd's double parked truck daily as we went to and from our j obs. We saw Boyd on the site, We saw Thatcher on the site. October 8 2012,while the men are at work,John Thatcher sends Eric Boyd to walk through our neighborhood alongside his white pick up truck with a driver and the' passenger door open for his quick get away as he attempts to harass our women and children in the neighborhood by ting pictures of them and sendinErla a r - -FM COPY14: message of."We know where you live.' I call the police and the responding officer tells me Eric Boyd claims he is taldngpicEures of our signs to use at todays hearin& Please ask him to produce these to prove me wrong. No one from the school apologizes. (Hand out) Boyd by the way is up on 26 counts of ethics charges. The administration has severed all chances of any type of community support or approval with their grossly negligenthebiavloir and continued false accusations of bullying,hate,intimidation and harassment when no one from Kaumana except the Thatchers and the Hongs have contact with the children of Connections. To approve this school's request will be a travesty of environmental justice,which will lead to injury or death of those beaudU children and failure for the school. Let's help them build somewhere else safer. 1439 The traffic situation on Kaumana DrlEdlta streets, should Connections school be built according to the plans that were sent to us, have not been thought out very well. The backlog of 100 plus cars (or more)waiting to gain access to the school via a one lane entry/exit roadway (both morning and afternoon) has nowhere to go except along a short stretch of Edita St. and up and down Kaumana Dr. The result points to total gridlock on Kaumana Dr. Add to this 1-2 busses that would need large turning radluses and things get even worse. Even with the improvements done to Kaumana Dr.,just mauka of Edita St. the roadway is still dangerous. Vehicles speeding down hill (or even at the speed limit) on Kaumana Dr. have a short sight distance to Edita St. after the last turn in the road. Add In a wet road and high traffic volume trying to access or exit Edita St. and you create a serious accident hazard. Having the school locate elsewhere (closer to the majority of the students homes) or at least have an entry/exit going to the Pualnako extension will, In my opinion, help prevent traffic gridlock and the potential for unnecessary accidents, Injuries and deaths. This situation becomes even more critical with planned Increases in residential development in our area. Please consider carefully the implications the school wilt have. The school is fine but I think the location Is an error in judgement. Thank you for your-time and consideration. 1440 November 9, 2012 To The Windward Planning Commission: I'm June Sakamoto. I live near the site of the proposed school. I am not against the school or its students but I am opposed to the school being built on Edita St. It needs a more suitable location. A supporter of the school commented that we who oppose the building of schools may not understand the impact education has on our future. On the contrary, our neighborhood includes many professionals in the fields of education, medicine, science and technology; law, and so on, and they wouldn't have gotten to where they are without good educations. And, they have made significant contributions toward the present and future of our community. We value good education, but we won't agree to having a school built where it makes no sense and where it will have a negative impact on the quality of life and safety 'of the surrounding community. If you put the school on Edita Street, you will end up with a traffic hell for the neighborhood and the people up and down Kaumana Drive. There are safety and emergency response issues to think about as well. Kaumana Drive is a winding, narrow road with short sight distances and no shoulders in most areas. Imagine trying to get emergency services through-heavy school traff is on such a road! I have experienced the frustration of school traffic in other areas of Hilo. I don't want the same thing for the people of Kaumana Drivel In 2002, when the Mohouli extension was officially opened, the Star Bulletin quoted Bobby Jean Leithead-Todd as saying the $10 million cost was money well spent. She said the "narrow, winding Kaumana Drive...has the highest accident rate of any two-lane road on the island." When the Puainako Extension project was being worked on, it Kc'd� at `- - . 1441 0 6 was stated that "County officials were faced with high accident rates on...Kaumana Drive." A 2004 Star Bulletin article about the opening of the Puainako Street extension referred to Kaumana Drive as "narrow and winding with drop-offs into open drainage ditches along much of its length." The Puainako Street extension was to relieve congestion and improve safety on Kaumana drive. My mail carrier conf irmed that it made a huge difference. But if Connections is allowed to build on Edita Street, we (and the County) will once again have to deal with increased traffic congestion and safety issues on Kaumana Drive. Our quality of life will be affected as well. The school administration and-their attorney would like'us—and you---to believe that the impact on the area will be minimal. I think they need to put on their glasses and hearing aids and drink a cup of reality. Their project will negatively impact more people than they care to acknowledge. Please deny this special permit. Thank you. 144 0 , I vlpw� ct"," I live on Edita Street adjacent to the proposed mauka portion of the campus. Every summer during the evening hours,a family past time was watching the endangered Hawaiian Hoary Bats forage for food. I have video footage of the bats taken in 2010 and several other residents on Kaurnana Drive, Edita Street and Mele Manu Street have also witnessed bats in the area. I am a public school teacher and always proudly share with my students my experiences with bats and hawks whenever we study endangered animals. Sadly,extensive bulldozing and felling of trees occurred in June and July. The bat pupping season runs from May 15—August 15 and Hawaiian Hawk breeding season runs from March to September. This is the first summer In years that we haven't seen any bats. In the Environmental Assessment, it states, "The principal impact to the Hoary Bat posed from clearing and grubbing the vegetated portions of the project site is disturbance to roosting females during the pupping season. Females tending their young are less able to rapidly vacate a roost tree or brush-as it is being felled or cleared." It also states,"To avoid disturbance to nesting Hawaiian Hawks,tree clearing should be avoided during the breeding season." The recommendations of the Environmental Assessment were clearly not followed. The plans mention a Forestry/Conservatlon Program, but the extensive clearing of Ohia trees and bulldozing contradict their goals. Fence lines have been erected innumerous other locations using hand clearing to lessen the environmental impact. When it rains heavily,water gushes through our property and drains into what we believe is an entrance to the lower portion of the Kaumana Caves. judging by the flow of the water, it seems to run directly under the proposed school. Sometimes the volume of water is terrifying. We fearthat the extensive construction planned will damage the cave system,adversely affect the drainage in the area and potentially cause flooding. I am pleading with you to deny this project because 1 have witnessed the environmental damage illegally done in a time period of less than two months. I can only imagine what else will happen if this project is allowed to continue. Please help us protect the 'aina,the cave system and endangered animals. Being a teacher, I am not anti-school. l believe you have wonderful teachers and I know a few of them. However with the overwhelming opposition from the residents up and down Kaumana Drive and concerns about traffic,this is not the ideal location for this project. Your leaders have taken many missteps,which have lead to distrust and disbelief within the community. This is not a recipe for success. Schools and its surrounding community should be a partnership. Please consider one of your alternative sites for consolidating your school. 1443 R'l 37 November 9,2012 Dear Windward Planning Commissioners, Today is a very special day. [tis any son,Santiago Patina's Birthday and it's been an incredible eight years watching my son grow from birth until now. I am a proud Connections PCS parent to two beautiful sons,Santiago and Joaquin. Santiago is currently in Mr.Manley's 2nd grade and Joaquin is S years old and in Mrs.Taylor's Kindergarten class. My name is Eden Patina and i am a stay home moan who is currently active in the Connections PTSO and a volunteer member for the Downtown Improvement Association. I am affiliated with the March of Dimes-- Hawaii Chapter and an advocate for education for our students. I used to work at Kamehameha Middle School—Hawaii campus who decided to make a sacrifice to stay at home to raise her children and give them the best quality of life possible. I remember 8 years ago that we needed to think about what school should Santiago attend? I'm an event planner by nature and so, even before Santiago could talk,my husband,Mario Patino,and I both started to visit schools In the local area. We wanted to find the best school for Santiago.And,as new parents,we knew that ideally,we would have loved to send them to a private sch ool but this was not feasible for us financially.We did not like what we were hearing about Kaumana Elementary with their class sizes being so large. Then, we heard about Connections PCS at the Kress Building and decided to check things out to find out that there was a waitlist already. i remember visiting the office and Santiago was still in Keiki Steps.He was only 2 years old. it was only 2006 and the office already had a waiting list for the Kindergarten class entering 2010. We decided to take the application since it gave our family options for his education. Why was there a waitlist we wondered?Santiago's only 2 we asked.You would have thought that we would be the first one in his class. It turns out that the current students already attending had siblings and those siblings already had their enrollment paperwork on file. Another good reason was that Connections was teaching different methods than regular 00E schools and with Mario being an educator himself at Karnehameha Schools,he liked the innovative teaching methods(i.e.DASH, Measure Up and STEAM) that Connections was providing. We had visited the school and liked the teachers and the small classroom sizes. We knew that It was a public school with a private school setting. Individual attention would be provided and quality teaching would occur. SCAN IED . RV -- 1.444 LOCATION CONCERNS: One of the things that we were concerned about was the location of the school. it is located in a tsunami zone. What would happen if a natural disaster would occur?That is always in the back of my mind every time I drop my sons off to school. Connections is a wonderful school but it isn't really a safe haven when it comes to a natural disaster. Another question we had asked was, "What about Physical Education?"Where do the children go to get exercise during recess? The answer was, "in the building or they walk to Kaialcaua Park." All I remember saying to myself was "why can't we have our own school with grounds for the kids to run around in?" One day,i was dropping off the kids to school and there was a homeless guy sleeping In one of the store fronts by the school. It was pretty unnerving to see this and 1 had to explain to the boys that the person didn't have a home and'that was where his bed was. Itis the Fact of life , and I didn't want to Ignore the scene but as a parent, l didn't want any homeless stranger to approach my sons for anything. These concerns were outnumbered by the knowledge of having a quality education at Connections. As a UCLA graduate in Psychology, I know how important it is to have a great foundation in education. 1 hope and pray to be able to provide the BUST education possible for my children as my parents did. They sacrificed a lot to send my brother and sister to college.I know the importance of being a leader in the community and I know that I'd like to always be the"world"in my boys'eyes. When there is conflict somewhere [whether it's fighting over a toy or fighting over building a school],I will always be there for my sorts. Other than being a wife,mother, sister, friend and colleague,I can also be a referee. I'm the one to find a compromise and happy medium in times of conflict. l always believe that there's a solution to any challenge. And,from my concerns as a parent,l know that the solution for Connections is to have a new school built where there is safety and an unified place for our children to attend. With that said,i humbly ask that you consider our school to be built in Kaumana.We have many talented students at Connections and i know of at least two of them who would be wonderful future leaders to our community. Let today be a HAPPY BIRTHDAY gift for an 8 year old. Mahalo nui loa, dfetnC. PCat ino Connections Public Charter School-- PTSO President 1445 •'i October 16, 2012 Windward Land Use Commission District 2 25 Aupuni Street Hilo,HI 96720 Dear Windward Land Use Commission members, As a faculty member with the Communication and English departments at the University of Hawaii at Hilo, I truly believe in the transforming power of education.My enthusiasm for teaching aqd working with the culturally, socially and economically diverse student population at UHH inspires me to constantly look for ways to improve my teaching pedagogy to make learning interesting, meaningful and academically rigorous, while incorporating practical applications and real life connections. So I whole heartedly support and applaud Connections Public Charter School for pursuing an innovative, community based learning experience for its students. I understand their desire to consolidate the elementary,middle and high schools on one campus to build a unified faculty,staff and students. However,I am writing to you because I am opposed to the building of the Connections Charter School campus on 70 acres off Edita Street in Kaumana. Like others in our close knit neighborhood,my family and I are very responsible,community minded, active participants of our island home.My family and I are most directly impacted by these plans because we live on Edita Street and we would be bearing the burden of the physical, environmental and social consequences of this project which includes: • Danger -Kaumana Drive is a very dangerous,narrow two lane road. I have seen numerous accidents driving up and down the curving road. Increased traffic from the school would increase danger to those in vehicles,pedestrians and homeowners.The road is in disrepair and cannot withstand increased traffic. • Traffic—Even now I have to leave my house very early on Edita Street to take my children to school because of the large amount of traffic along-Kaumana Drive that backs from the Mohouli intersection.Traffic congestion and accidents would increase with the increased number of cars making a left turn into,Edita and those leaving Edita onto Kaumana because of the Connections Charter School. There will be increased traffic from people going to work via Saddle Road and an additional 40 house lots will be built at the end of Edita by Billftilhante Sr. Busses need to take entire lane to make turns. Another major addition to the traffic and safety issue: due to funding cuts, Connections Charter School may have fewer busses and more people driving their children to and from school; an NTSB study noted that 42%of students who have their drivers' license will drive to school. • Landscape/Environment--The landscape is hazardous with numerous caverns, caves and flooding caused by water sources. A survey and documentation of the caves in the Connections property needs to be completed. • Student Safety—An important concern is the safety of students in this hazardous environrnent. • Neighborhood Safety —No student can be supervised 24/7 and I am concerned about the safety and well-being of residents • Water, Sewer--The increased student, staff and faculty use from the school would not be met with existing water and sewer systems • Not serving the community—It is a fact that over 60%of the students attending Connections are not from the Hilo district,but from the Puna district.Unlike other schools in districts all around the Big Island, Connections would not be servicing the educational needs of the Kaumana community. The school should be building a permanent campus in the community it services. • Property Values—Increased traffic,accidents, traffic jams, safety,water, sewer, landscape/environmental issues and the school not servicing the educational needs of the community—all would significantly decrease property values. • Connections Charter School--significant concerns about the integrity, ethics and credibility of how Connections has handled this entire situation from the very beginning,including a door-to door survey regarding the location of the school that I was unaware of, surveying,removal of pins and bulldozing of the area_ • Quality of life-Increased traffic, accidents,traffic jams, safety of students, and safety of residents, water, sewer,landscape/environmental issues and the school not servicing the educational needs of the community—all would significantly decrease quality of life of residents in the area. My family and I are actively involved in numerous organizations in the Hilo community and we believe in the transformative power of education.My heart is with my neighborhood,my community and my island. We live on BJita Street and my family and I and our neighbors would be most directly impacted from the above list of consequences and others that have not yet even surfaced. Based on the consequences,I am opposed to the plans to build Connections Charter School on 70 acres off Edita Street and kindly suggest that the school modify their plans to seek out property and build its campus in the community it services. Thank you very much for your time and attention to this very important issue facing me, my family and my neighbors. If you have questions,need more information or would like to meet with me,please call me at(808)640-0683 (cel) or email me at piwasaki _,hawaii.edu. I look forward to hearing from you. Sincerely yours, Patsy Y. Iwasaki Alffik 232 Edita Street Hilo, HI 96720 (808)640-0683 cell; email: apkilove&otrnail.com 1447 AW HAWAII STATE RMCS COMMISSION STATE OF HAWAII HAWAII STATE ETHICS CO MISSION, ) CHARGE No. 1.0-Cg--4 Complainant, ) CHAR,GS; MMIBI`I'S 1--27 vs, } ) WILLIAM ERIC BOYS, ) ) Respondent.' ) } CRAM Under the authority of Hawaii Revised Statutes (6HRS") sections 84-31. (a) and 84-31.(b) , and Hawaii State Ethics Commission Rules, section 21-5-2, the Hawaii State Ethics Comrnii.ssion issues this Charge against William Eric Boyd based on the following: 1. William Erie Boyd ("Eric Boyd") was, at all times relevant herein, an employee of Connections New Century Public Charter School ("Co=ections School,) , located in Hilo, Hawaii. 2 . Connections School, located at 174 Ramehameha Avenue, Hilo, Hawaii, is a public charter school operating within, and under the authority of the Board of Education of'the State of Hawaii., � . &P Ckl%�.ai 11 rig by J A ._._ . :�.�_. 144 S.E.C. 110. 10-Cg--4 Page 2 3 . In accordance with HRS section 84-3, the Board of Education is a state agency for purposes of the State Ethics Code, chapter 94, HRS. 4. . At all times relevant herein, Eric Boyd was a state employee and was subject to the provisions set forth in the State Ethics Code, chapter 84, HRS, that are applicable to state enployees. 5. At all times relevant herein, Erika Boyd was the spouse of grit Boyd. 6. At all times relevant herein, Eric Boyd and Erika Boyd owned and operated a sole proprietorship called "Boyd Enterprises, " a `business, • as defined in HRS section 84-3 and for the purposes of the State Ethics Code. 7 . At all times relevant herein; Boyd Enterprises operated under various trade names or 'doing business as (dba) A names, including, without limitation, YTropical Dreams, ,F "Tropical. Dreams Ice Cream, " and gust Fabulouso." 6. At all times relevant herein, Boyd Enterprises operated various lines of business, including, but not limited to, the following: a. Preparing and delivering food, including school lunches, to Connections School and other public charter schools; 1449 S .B.C. No. 10-Cg-4 Page 3 b. Catering events at or involving Connections School; and C. Operating snack shops on the campus of Connections School or on nearby premises. 9 . &t all times relevant hearain, Eric Boyd and Erika Boyd had a distributorship agreement with Amway Corporation ("Amway") to sell and distribute Amway-branded products and other products that could be purchased through Amway. 10. As a seller and distributor of Amway products (AAmway distributor") , Eric Boyd and Erika Boyd purchased Amway-branded products and other products that could be ptiirchased through Amway, and supplied them to Comections School. Products purchased and supplied by Eric Boyd and Erika Boyd as an Amway distributor included, but were not limited to, sundry products, Janitorial supplies, and electronic equipment. 11. As an Amway distributor, Eric Boyd and RrikaG $oyd had the latitude to charge customers for a product at a price above the cost (or wholesale) price of the product and could retain the difference between the cost price and the selling price for themselves. As an Amway distributor, Eric Boyd and Erika Boyd could also earn financial bonuses from Amway based, oxn sales volume, AN 145( S.E.C. No. 10-Cg-4 Page 4 12. on or about Jenuary 25, 2007, on behalf of Boyd Enterprises, Eric Boyd signed as "Food service Ma► mgeru and sutmitted to Connections School, a "Food Service Certificate" billing document in the amount of $453.00, for lunch services provided to Connections School, a Copy of which document is attached hereto as Exhibit 1. 13 . Eric Boyd violated BR`S section 84--14(d) by signing and submitting the Food Service Certificate billing document to Cwmecti,ons School on behalf of Boyd Enterprises, thereby assisting or representing Boyd Znterprises in a business transaction before Connections School . COUNT TWO 14. The Hawaii State Ethics Commission real.leges paragraphs 1-11 of this Charge. 15. On or about February 1, 2107, on behalf of Boyd Enterprises, Eric Boyd signed as •Food service Managers and submitted to Connections School, a 'Food Service Certificate" billing document in the amount of $450.00, for lunch services provided to Connections School, a copy of which document is attached hereto a.s Exhibit 2. 16. Brio Boyd violated HR8 section 84-14tdy by signing and submitting the Food Service Certificate billing document 14 S .E.C. No. 10-Cg-4 Page 5 - to Connections School on behalf of Boyd Ra-trrprises, thereby assisting or representing Boyd Enterprises in a business transaction before Connections School. Cow 17. The Hawaii. State Ethics Commission realleges- paragraphs 1-11 of this Charge. 18. On or about Vebruary 9, 2007, on behalf of Boyd Enterprises, Eric Boyd signed as pFood service Manager" and, submitted to connections School, a "Food Service Certificate" billing document In the amount of $466.00, for lunch services provided. to Connections school, a copy of which document is attached hereto as vxhi.bit 3. 19. Eric Boyd violated HRS section 84-14 (d) by signing and submittinq the Food Service Certificate billing document to Connections School on behalf of Boyd Ehtexprises, thereby assisting or representing Boyd Enterprises in a business transaction before Conmections School. COUNT FfJ[ 20. The Hawaii State Ethics Coamnission realleges paragraphs 1-11 of this Charge. 21, on or about February 16► 2007, on behalf of Boyd Enterprises, Eric Boyd, signed as "Food service Manager" and 1452 �AW r' S .E.C. No. 10-Cg-4 Forge 6 submitted to Connections School., a "Food Service Certificate,, billing document in the amount of $468.00, for lunch services provided to Connections School, a copy of which document is attached hereto as Exhibit 4. 22. Eric Boyd violated HRS section 94-14(d) by signing and submitting the Food Service Certificate billing document to Connections School on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a business transaction before Connections School. .QQI 2' FZt1'E 23 . The Hawaii State Ethics Commission realleges paragraphs L-11 of this Charge. 24. on or about March 1, 2007, on behalf of Boyd Entexprises, Eric Boyd signed as Food service Manager" and submitted to Connections School, a. "Food Service Certificate" billing document in the amount of $432.00, for lunch services provided to Connections School, a copy of which document is attached hereto as Exhibit 5. 25. Eric Boyd violated HRS section 84-14(d) by signing and submitting the Food Service Certificate billing document to Connections School on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprisces in a business transaction before Connections School 14. S.E.C. No. 10-Cg-4 Page 7 26. The Hawaii. State Ethics Commission realleges paragraphs 1-11 of this Charge. 27. on or about March 9, 2007, on behalf of Boyd Enterprises, Eric Boyd signed as "Food service Manager and submitted to Connections School., a ^Food Service•Certificate" balling document in the amount of $447.00, for lunch services provided to Connections School, a copy of which document is attached hereto as Exhibit 6. 28 . Eric Boyd violated HRS section. 84-14 (d) by s3igaing and submitting the Food Service Certificate billing document to Connections School on behalf of Boyd Enterprises, thereby assisting or representing Boyd Znterprises in a business transaction before Connections School. com" SEVEN 29. The Hawaii. State Ethics commission realleges paragraphs 1-11 of this Charge. 30. on or about April 5, 2007, on behalf of Boyd Enterprises, Eric Boyd signed as 'Food service Manager" and submitted to Connections School, a µFood Service Certificate' billing document in the amount of $456.00, for lunch services provided to Connections School, a copy of which document is attached hereto as Exhibit 7. 1454 S .L.C. No. 1.0-Cg-4 Page $ 31.. Eric Boyd violated HRS section 84-14(d) by signing aad submitting the Food. Service Certificate billing document to Connections School on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a business transaction before Connections School.. CQ= Big= 32. The Hawaii State Ethics Commission real.leger; paragraphs 1-1.1 of this Charge. 33 . an or about April 19, 2007, on behalf of Boyd Enterprises, Eric Boyd signed as 'vood service Manager" and submitted to Connections School., a AVood Service Certificaten billing document in the amount of $909.00, for lunch services provided to Connections School, a copy of which document is attached hereto as Exhibit 8. 34. Eric Boyd violated HRS section 84--14(d) by signing and submitting the Food Service Certificate billing document to Connections School on behalf of Boyd enterprises, thereby assisting or representing Boyd Enterprises in a business transaction before Connections School. 35, The Hawaii State Ethics Commission realleges paragraphs 1-11 of this Marge, AW S,R.C, NO. 10--Cg-4 Page 4 36. On or about May 10, 2007, on, behalf of Boyd Enterprises, Eric Boyd Signed as "Food service ManagerR and submitted to Connections School, a "Food Service Certificate° billing document in the amount of $306.00, for lunch services provided to Connections School, a copy of which document- is attached hereto as Exhibit 9 . 37. Eric 'Boyd violated HRS section 84-3.4 (d) by signing and submitting the Food Service Certificate billing document to connections school on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a lousiness transaction before connections School. 38 . The Hawaii. State Ethics Conmission realleges paragraphs .1-11 of this Charge, 39. on or about May 31, 2007, on behalf of Boyd Enterprises, Eric Boyd signed as "Food service Manager" and submitted to Connections School, a "food Service Certificate" billing document in the amount of $975.00, for lunch services provided to Coxmections SChoolt a Copy of which document is attached hereto as Exhibit 10. 40 . Eri.0 Boyd violated HRS section 84-14(d) by signing and submitting the Food. Service Certificate billing document Amok to Connections School on behalf of Boyd Enterprises, thereby 145 A S.E.C. No. 10-Cg--4 Page 10 assisting or representing Boyd Zaterprises in a business transaction- before connections School. Cdtl SUM 41. The Hawaii State Ethics Commission realleges paragraphs 1-11 of this Charge. 42 . On or about June 21, 2007, on behalf of Boyd Enterprises, Eric Boyd signed as "Food service Manager" and submitted, to Connections School, a "Food Service Certificate, billing document in the amount, of $165.00, for lunch services provided to Connections School, a copy of which document is attached hereto as Exhibit 11.. 43. Brie Boyd violated FIRS section. 84-14(d) by signing and submitting the Food Service Certificate billing document to Connections School on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a business transaction before Connections school. Cp : 44. The Hawaii State Ethics Commission realleges paragraphs 1-11 of this Charge. 45. on or about March 15, 2005, on behalf of Boyd Fnterpri.ses, Eric Boyd physically received from Connections School check number 21.01 in the amount of $31.3 .75, for payment of Purchase order No: 5-3--5617-0314 to "Tropical Dreams," as 1457 S .E.C. No. 10--Cg-4 Page 11 indicated by Eric Boyd's signature on the purchase order to acknowledge receipt of the check. A copy of the purchase order document is attached hereto as Exhibit 12. 46. Eric Boyd violated HRS section 84-14(d) by raceiviug the check and by signing the purchase order to acknowledge receipt of the check on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a business transaction before Connections School. 47, The Hawaii State Ethics Commission reall.eges paragraphs 1-11 of tUs Charge. 48, on or about October 31, 2005, pn behalf of Boyd Enterprises, Eric Boyd physically received from Connections School check number 2419 in the amount of $258.00, for payment of Purchase Order No: 6-1-5211.0-0202 to %Erika Boyd DSA Tropidal Dreams, " as indicated by Eric Boyd'a signature on the purchase order to acknowledge receipt of the check. A copy of the purchase order document is attached hereto as Exhibit 13 , 49 . Eric Boyd violated HRS section 84-14(d) by receiving the check and by ,signing the purchase order to acknowledge receipt of the check on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a business transaction before Connection School. S.E.C. No. 10-Cg-4 Page 12 cow„�Fo�gzy 50. The Hawaii State Ethics Commission realleges paragraphs 1-13 of this Charge. 51. On or about late November or early December of 2005, on behalf of Boyd Enterprises, Eric Boyd physically received from Connections School check number 2483 in the amount of $378 .00, for payment of Purchase Order No! 6-1-52110--0237 to vEri.ka Boyd dba Tropical Dreams, * as indicated by Eric Boyd's signature on the purchase order to acknowledge receipt of* the check. A copy of the purchase order document is attached hereto as Exhibit 14, 52 . Eric Boyd violated HRS section 84-14 (d) by receiving the check and by signing the purchase order to acknowledge receipt of the check on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a business transaction. before Connections School. 53 . The Hawaii State Ethics Coma►i.ssitm realleges paragraphs 1-11 of this Charge. 54. On or about December 21, 2405, on behalf of Boyd Baterpri.ses, Eric Boyd physically received from Connections School check number 2517 In the amount of $522.00, for payment of Purchase Order No: 6--1-52110--1257 to "Erika Boyd dba Tropical Dreams, n as indicated by Eric Boyd's signature on the purchase 1459 AV Page 13 order to acknowledge receipt of the check. A. copy of the purchase order document is attached hereto as Exhibit 15. 55. Eric Boyd. violated HRS section 84-14 (d) by receiving the check and by signing the purcbase order to acknowledge receipt of the check on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a business 'transaction before Connections School. cam SIXTEEr 55. The- Hawaii State Ethics Commission realleges paragraphs 1--11 of this charge. 57 . On or about February 8, 2006, or shortly thereafter, on behal€ of Boyd Enterprises, Frig Boyd physically received from Connections School check number 2573 in the amount of $264,00, for payment of Purchase Order Nn: 6-1-52110-0323 to "Erika Boyd dba Tropical breams, ` as indicated by Eric Boyds signature on the purchase order to acknowledge receipt of the check. A copy of the puxchase order document is attached hereto as Exhibit 16. 58, Eric Boyd violated HRS section 84-14 (d) by receiving the check and by signing the purchase order to acknowledge receipt of the check on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a business transaction before Connections School. ti 1460 S .E.C. Ido. 10-Cg-4 Page 14 r C 59. The Hawaii State Ethics Commission real.l.eges paragraphs 1-11 of this Charge. 60. on or about February 17, 2006, on behalf of Boyd Enterprises, Eric Boyd physically received from Connectio s School check number 2588 in the amount of $282.00, for paLyment of Purchase order No: 6-1--5210-0332 to *Erika Boyd dba Tropical Dreams, " as indicated by Eric Boyd's signature on the purchase order to acknowledge receipt of the check. R copy of the purchase order document is attached hereto as Exhibit 17, 61. Eric Boyd violated Hits sectioa 84-14(d) by receiving the check and by signing the purchase order to acknowledge receipt of the check on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a business transaction before Connections School. 62 . The Hawaii State Ethics Commission realleges paragraphs 1-11 of this Charge. 63 . 4n or about March 21, 2006, on. beball of Boyd Enterprises, Eric Boyd physically received from Connections School check number 2641 in the amount of $246.00, for payment of Purchase Order No: 6-1-52110-037J to "Tropical Dreams, 0 as AMNL ixidicated by Eric Boyds signature on -the purchase order to 1461 V S .E.C, No. 10-Cg--4 Page 15 acimowledge receipt of the check. A. copy of the purchase order document is attached hereto as Exhibit 18, 64. Eric Boyd violated HRS section 84-14(d) by receiving the check and by signing the purchase order to 'acknowledge receipt of the check on behalf of Boyd Enterprises, thereby assisting or representing Boyd Enterprises in a business transaction before coxanections School. 65. The Hawaii State Ethics Commission realleges paragraphs 1-11 of this Charge. 66. On or about September 12, 2006, Eric Boyd, in his official capacity for Conmections School, signed as the "Requestorm of a purchase order in the amount of $264.45, payable to Erika Boyd, a copy of which document is attached hereto as Exhibit 19. The purchase order involved a purchase made through Etic Boyd and Erika Boyd,a Awway distributorship. 67 . Eric Boyd violated HRS section 84-14 (a) by signing and requesting the purchase order, thereby taking official action directly affecting a business in which he had a financial. interest. C4M TWM 58. The Hawaii State Ethics Commission realleges paragraphs 1-11 of this charge, 141 S.E.C. No. 10-Cg-4 Page 16 69 . on or about February 9, 2007, Eric Boyd, in his official capacity for Connections School, signed as the ,Approver" of a purchase order in the amount of $778.61, payable to Erika Boyd, a copy of which document is attached hereto as Exhibit 20.. The purchase order involved a purchase made through Eric Boyd and Erika Boyd's Amway distributorship. 70. Eric Boyd violated HRS section 84-14(a) by signing and approving the purchase order, thereby taping official action directly affecting a business in which he had a financial interest. CQM-TW 'TY-E3NE 71. The Hawaii. State Ethics Commission realleges paragraphs 1-11 of this Charge. 72 . on ov about February 9, 2007, Eric Boyd, in his official capacity for Connections School, signed as the "Requestora of a purchase order in the amount of $2,495.97, payable to Erika Boyd, a copy of which document is attached hereto as Exhibit 21. The purchase order involved a purchase made through Eric Boyd and Erika Boyd's Amway distributorship. 73 . Eris Boyd violated HRS section 8.4-14 (a) by signing and requesting the purchase order, thereby Caping official action ai.rectly affecting a business in which he had a financial interest. 1463 S.E.C. No. 10--Cg-4 Page 17 gow--T fiWF�_► 74. The Hawaii State Ethics Commission realleges paragraphs 1-11 of this Charge. 75. On or about April. 2, 2007, Eric Boyd, in his official capacity for connections School, signed as the "Approver" of a purchase order in the amount of $142 .47, payable to Erika Boyd, a copy of which document is attached hereto as Exhibit 22, The purchase order involved, a purchase: made through Eric Boyd and Erika Boyd's Amway distributorship. 76. Eric Boyd violated Has section 64-14(a) by signing and approving the purchase order, thereby taking official.action directly affecting a business in which he had a financial interest. CMM XU M -+THREE 77. The Hawaii State Ethics Commfssiou realleges paragraphs 1-11 of this Charge. 78 . an or about May 8, 2007, Eric Boyd, in his official. capacity for Connections School, signed as the "Approvers of a purchase order in the amount of $956.73, payable to Exika Boyd, a copy of which document is attached hereto as Exhibit 23. The purchase order involved a purchase made through Eric Boyd and Erika Boyd's Amway distributorship. IF 1464 SAW S .E.C. No. 10--Cg-4 Page 18 79. Eric Boyd violated HRS section 84-14 (a) by signing and approving the purchase order, thereby taking official action directly affecting a business in which he had a financial interest. CO'CfilT Tf�l��fiY-F4IIR 80. The Hawaii state Ethics Commission reall.eges paragrvhs 1-11 of this Charge. 81. on or about June 29, 2007, Eric Boyd, 3n his official capacity for Connections School., signed as the "Approver' of a purchase order in the amount of $503 .1.4, payable to Erika Boyd, a copy of which document is attached hereto as Exhibit 24. The purchase order involved a purchase made through Eric Boyd. and Erika Boyd's Amway distributorship. 82. Eric Boyd violated HRS section 84-14 (a) by signing and approving the purchase order, thereby taking official action directly affecting a business in A&i.ch he had. a financial interest. CQM TWMW -FIVE 83. The Hawaii. State Ethics Commission realleges paragraphs 1.-11 of this Charge. 84, On or about June 29, 2007, Eric Boyd, in his official. capacity for Ca necti.ons School, signed as the *Approver!' of a purchase order in the amount of $781 .90, payable to Erika Boyd, 146 S.E.C. No. 10--Cg--4 Page }.9 a copy of which doc=ent is attached hereto as Exhibit 25. The purchase order involved a purchase made through Eric Boyd and Erika Boyd's Amway distributorship. 85. Eric Boyd violated HRS section 84-14(a) by signing and approving the purchase order, thereby taking official action directly affecting a business in which he had a financial interest. 86. The Hawaii State Ethics Commission realleges paragraphs 1- 11 of this charge. 87 , on or about August 25, 2008, Eric Boyd signed a %Food Booth Agreement, " on behalf of Boyd Enterprises, as the "operators of food booth space "Hbs for the Hilo County Fair, which event was sponsored by The Hilo Jaycees, and scheduled to . be held from September 18, 2608, through September 21, 2008. A copy of the Food Booth Agreement, dated August 25, 2008, by and between The •Hilo Jaycees, as "Jaycees, " and Boyd Enterprises, Eric and Erica [sic] Boyd, as "Operator, " is attached hereto as Exhibit 26. The Food Booth Agreement provided for a booth rental price of $700 payable by the operator to The Hilo Jaycees, ^Exhi.bi.t W to the Food Booth Agreement, which indicates the items to be sold at the booth, included. Ilice cream., 1466 S .E.C. No. 10-Cg-4 Page 20 88k On or about Ault 28, 2008, Eric Boyd, in his official capacity for Connections School, signed as the Approver" of a purchase order in the amount of $700, payable to "Halo Jaycees, " for '%Booth space at County Fair, " a copy of which document is attached hereto as Exhibit 27 . 89 . On or about August 28, 2008, Connections School paid, the gilo Jaycees $700 for the use of food booth ,space Hb at the Hilo County Fair. 90. Connections School used food booth space Hb at the Hilo County Fair to self, nachos for a fund raiser for the senior class of Connections School. 91 . ]]wring the time period of the Hilo County Fair, Boyd Enterprises conducted business activities from food, booth space Hb, including the sale of ice cream products to the general public. 92. Boyd Enterprises did not pay for the use of booth space Hb. 93 . Eric Boyd violated MS section 84-13 by using his official position as a Co=ections School employee to secure or obtain unwarranted privileges, advantages or treatment for himself and/or Boyd Enterprises, by arranging for connections School to pay for food booth space at the Hz10 County Fair that 14, S.E.C. No. 10-Cg-4 Page' 21 was used by Boyd Enterprises for private business purposes. at ao. cost to Boyd Eaterprises. Dated- Honolulu, Hawaii, October 20, 2010. HAWAII STATE ETHICS COMMISSION Maria a. S , Chai=person Davi Randell, vice Chairperson Cassandra J. Leol.ani Abdul., Commissioner Les xnudhen, Co ssfoner 146 k, itE Y27j'T e�izs JN 2 6 2007 A FOOD SERVICE CERTMCATE BM&ftnldm dh km@gd kr .CcM provided the fOUOWing lUnCh SeMMS t+e „ Conneeflons Charter , W under dming the period from 1/22/2007 To 1/25/2007 s olex�f bx ast @ 1.3 Bch .......:................... adutt breast @1.35 each...............................$.�. ._..._.._ total bresIdut 151 ehsdhmches @ ,OO eah............................$453.00 addhmdres -OOeft............................ 151 total huebea ._.,.__....�milk @ J.:oWJL...............:.............s� ..�. Total A"=dvablq ..a..u..r.......r.�....... �F53.00 We cufy the Am is true and conect. 41% �o • Food savic a Manager Date C)MAI wr t-101 Schwl Ufiieiat 0 SpousoftgApwy Data M=fficate is bu ng umierft conte#aweemmtb"eftboth parfieg H d above. Both pardies dmWd retana one copy for them nwrds. rvu ....�... 1469 W ' Lou = 0 FOOD MRVICE CERTMnCA4M 2 c;�e? OINUME�AM3 �. " ` $.Yb' QMI paviced the Wowing lunch s$r Am to 92eetly hm 4xing the period from 1/24/2007 To 2/1/2007 Y rsWdevibmalftst @ ;=WMI..................1......A.. ..ter aMt•UmakW @ &us- ...........................�M total brit 148 shula d Iun* s (a �J.��l+each............................$444.0�0y) N ad ul t I.r mbes @��L. ....................6......S 6.00 154 totalIariebef - @ tm 1/M.b....................... Total vwdveble ............................$450.00 We caffy tha above is tme and anect 7 Food sO Mesar Caere CrBebeolQ7 Sebe OffidA SPDMmd"Aqm%7. Dde This'cexWc is binding nndert o cootzaat egraement baween both pardes listed above. &nth parries ehould raWn one ter far&we rawrds. ***Pleaase make checkpryble to Mka RojW EXHIBff 1470 e4r •! v~y 401 FOOD] SERVICE CERTMICATE vd&tWjdW ft U_, mss kg c provide.the following b mph services to Conner o &—hpal duaing the period ftm 21512047 To 218/2007 ���.�y�x��k1 break.1�. lr� �i 1i.7 each_ ........................... �►'.'..MI�� Y 1.35 euh....►r..s►Y..►.....Hq...iYY.• totem br*W&st 156 stwdwt hmeba @ VA/yy�eauch.............................$468.00 _ a&*h .........................$ 156 tots]lanch n J.M emb..............................S TOW receivable .....a......................i$468A W*cadfydwAbmmistrwwdcoavm Food SWAM Managear BsIldlinjen, - Date �rhooi Spot Agenq D This eadficaft is binding uuft*a contract agrament beweeu both ra es listed shove. Doth paries should retda we caper for thme records. ***Please make checkpWable to Fadi Boyd 1Bff 1 471 S FFEB 2 07 �'" . � � f `COD SERVICE CERTMCATE Boyd Entemr db a�m-- — ice ream MMdedthe :following hmeh services to Qa_nneefiomm-cbArter Sc ooi dming the period ftom Z�Lib•-1 �#� �S�4'7 bredffm,,� �y t3 I �a"�{^��...........................��i"..,,,..,.+w„+rr•.r ` ,- a&*bmak�t .� R..............•s..•...n•..a..�A taW R7reaWmt • I D7 4� @ U-M m ...................•........$ WWt hmahm @ eseb ...........................$ �� tafni innehes ..._.. ma @ L44emb ............................. Totatremivable ............................ We=*is above is tree and tet. ep, ' /{ '' dot a db!''.I . �X/a 7opC� �' ta3 � DW Schod Qf6.cw Spons;a&g Agency Date TMs certificate is bhing u da t$e conttwt apmment batw=bath patties listed above. Both parties should main one copy for there zeor4. *"Plecrme maim check payable to&ft Boyd 1472 r 8 in) io POOH SERVICE ICERA VmA r ica� vid,ede .MAR a 2 X71 faltowing lunch servics ti) CMegg ons-Cbn ter School dmft-the period frmm •"'•� »�.. 2126/2007 To 3/1/2007 sudent breakfiw sI.M each............................ saint @h1• each............................... —to ,abrftkrwt 1339 studont h=bm @ $3..00 each............................$414.00 V LIRRIJ t hwjch= 0 122LOwh............I_............$ 18.00 144 total lunches nUk .50 CaCIL..............Y Y..i Y..Y.Y... -..... Totslreedvabla .............ar..r.r........ 432.00 We Certify tha above is tme and oweeL Fops servmi Man ger Data School OMCVSpmsofmgAgeaey ate Wi celiffeW is binding under the corked agrmed beiwom both patties fisted above. Both parties should retun one copy for tie rooDW . **.Tease make checkpayable to,Erika Boyd • T ruw n"1F f .rte - 1473 A f MAR 0 9 200��3 IVL�nnnJf W 6 FOOD SERVICE CERTMOATE &24Xnftmr1w dba.T, 3' kms-Ise ;navidedtae fiUawing Iundh senices to Conmir 9—hum gaol dig the PNW fr6m 3!5!2007 To 3!9!2007 Wu4W breakft @1 s each............................ .,._...........,aa�t @ KIM ewh...............................� tots breWWDW 147 student Ionches - @ SL each............................$41.00 2 86ft hVAN @-0-ad............................$ 6.00 149 total Juitchea - --- mHk @S W-h............I..................$ TOW rec ohk . ............................$44.7.(* W,e cw i ft abaw is fte and correct. Farad a�ror+vi aManagdr Bstab m�drt Dwo -4f $ch(w or Spmooring,Agmy 5ate TWs cert c&e is bkft uWer tip contract agraemcmt betwm bath pules fisted above. Both parch sherd ratak one copy for these records. * *please mak do pgarble toDOW Bq)d LA t• 1474 o f APR' ki 1407 FOOD SERVICE CERT CATS �y�1 Ra -�ernrb�db�„'Y�o��,� ms����`r�m prav��ed�►e fallowing hmn6eh smion to gu needons OWN&bnol daring the pEtdm f om 4I2l2007 To 41512OO7 - ,,.d � / FY7+*i'&.....�....................rr��...r�r...wr edu t� @ � omb ...................-0......s..r.r toil breskfrst 148 shydesxt[umc m .................. ........$444.00 4 adult lonolm @��88ex...........................$ 12.40 152 twW hmehes ....rr�r.rr milk 1i........I......t...►...r Tow"Ceiv. . .........................$455.40 we cndly-ma o►b "isv o madamem Food service MnoW BaMbiialowd Deb zool no 7 gel Deal SpnriamHog Agmy Dem 'pais m0c W is binding u Wa the mftwt sunt b Awm both pudw HoW above. Hath partiees ahouid .one copy for tha+a�corda. . . ***pjeAre m ab ekekpajrble Jo En-&.80 .W rvUjB 111 1475 APR Z U 2007 ��w�wr�rrwr.wrrr.. 0', FOOD SERVICE CERTMCATE 33fvd&yXjgr isM dba Tronleai Drums lee Cream.provided the , following lunch sui*es to rgammoow gar.ta Schgjo during the period from 4/9/2007 To-4/1912007 ...,.--rr�. MdentbreWast V i=each............................ L- ada breakfm ...a..r................. . tato bre"Wt 29¢ st,�i&Int h�yin� rhes @ 5.�/3j�./0��0 beach............. ..r............$ 882.0n0 9 a"t I.4 Ickes .J.1/ earh...................r........$ 27.00 .00 303 total lunches @ 2- Q each..............................$_ _.,.._._ TTotalmecdivelft ............................$109.00 We certify the above in to and correct. t +" Bold&mambo_d .D. l1927 P serviceMMUM Rsbhlisbment Date Genu 'oma a oft Schon ?, /d 7 School Q sial Sponsoring A.gwcy bate This certificate is binding under tl c contract ageeament betweea both Paries listed above. Bdh parties should retain one espy for there records. ***Piease mala checkpayuble is Erika Boyd EXHIBIT . 1476 ow AL MAY i7 FOOD SERVICE CERTMCATE provided ft fallowing lunch Searvices W ConnMtfaCho a chug the period$yam 5I8l2007 To 5/10/2007 sL1,14Sent breMast ...............a a..........$ a&*breakfad a.....r►.....t....hr..•ar.s.HR r— r.� total breakWt • r • .dthwam@ �LT ............. ....•$/91..00 5 adWt ihes @ + cmh ...........................$ 15.00 102 total l u"m V ":i ftch...............•..... TaW receivable ............................S 306A We caz*1he above istree and m mat. Fgpd se'ft Ukaw ism Date Schcwi{?ffi al kmwdng Agency Date This amtificato is binding under the eontmd MmmentWtweQ bath pmties wed above, Both parr should reWn ow copy Earthen mords. ***Please mak check able to Enka Boyd aw 1 FOOD SERVICE CATE BOY ntCxSes ba cal Dreg sLee QmjA raded the following lumhSaytes to Com m ne e—t'ons Chartar.&I ool diiag the pexiad from �+ 5/11/2007 To 5/3112007 sw9eatbmalSW @ =ewy&hAiM1wr�Aw� Mrar1/�.a.aMN.H w..«.......ra bmAk&t @ -r "5 ................a►...rr.r..aw total break&ft i 313 dudit luaches @ JIM each. $939.00 12 aMt lam hm @.W.Me ch..•........................$ 36.00 325 total Xmmrhea Milk aQ eah............................. Tata!r+xcivable ............•...............$9?5.U0 We ream the above is tnw end wmwt, Food serice bfamger �blisbrua�r# Bate School.Offidd Spaying AVnW This certificate is bi�u►g under the conftd agmemat bdwm both pertm listed above` Bothpatios abodd aWn waste SoresreaoalL ***please maube checkpayeable to grda&B d EXHIBIT. Q 1478 FOOD SERVICE CERTMCATE BnVd EEn#ernrses-dba'I'x'ogi�&I Prr ms�c�provided the F,� � � following lu�h sexv�oss to Counectwns Charter Schon during the period frmm JUN 2 a 207 6!1/2007 To 6/7/2007 ... ........_studexrtbrealdwt @ $135 each............................��.�...... adult bre&kM1.35 each...............................$ total bresMast 55 student hmahes @ V.00 each, . S165.00- adult 165 Oppadult Immhes @-$3.00 each............................$ total lunches .rt .......,....,..... Milk @ �:each.............................. � Total xectivable •a•.........................3 165.00 We certify the above is frac and correct. 1 P-gyd_jafi ,Lses dbw TM,. 6/21/2007 Food mvlr.e Manager Ba#abl gout Date _Con�nea�Ch a�rter School �• z�a 7 . School Oficial Sponsoring Agency Jute This calif cafe is bmdmg under the omft t amt between both pules haWd above. Both parties should retan ono copy for there records. s##Pkaie make checkpayable to RrMa Boyd EXHIBIT qkq 1479 'a.�.�'x�'rn..c�hadaus4amlier�tt Commedions Public Charter School 44-0S Purchase Order No: -3 l '7 _! Date Address: Phone: ( Hili I Slip To: CouneWous PCS Phou: 14M-9612664 174 K mohameb&Ave. Fay.: 1-808-%1-260 , Hilo,M 96720 Xtem No. Description Unit f . YTS PAce amended Amount jo 9 113- 75 Titre I JusOcation ! Toul Tac Swoft CK# � Order Toiei /0,76 S eoW i nstruettons: Requestorr Approved: . Witte: Titles EXHIBff 1480 i 1 1 1 � i l:. Ift { { I • � . Y41 1 u� Lab" ��iS cif_ 1 II.SI MUM � f __ MWA 17 Vii' ,�,1�.W+.r 1 r } 1 + , 1 _ ryt ,Jr fr Al Floi law 1 ■ �'-1� IJI �mr f IM !l ' i t •d'al.�.aca R� af.4 McANA*a0we rlu V Connecdam Par Nk L'hartgr S'ehool 05-06 •L"nrehase Order Nw. S]d-11b •- 0 77 Date: 5- Vendor: .. dza--A6-4f alo:�-44x4tzaw Addrem: Phony ( ) - BIR 1 i9w To: Comm mons PCs Phone! 1-808-96L-36(A 174Ka wh a.Ave. P9uc; 1-808-961-2665 Hilo,m 96 Item No. Des ffo), UWt Qty. I1'111t Pkice Fatmded .Amount 3,tl 5.2 AWLa Title I Z xust�tion Total Tax SM in L" C # Order Total ectal�s#y`uta#loaas: Requester. Approved: • Ulm EXHIBIT 1483 • 1 � � � � � r I e. it MRA MLM Mdended • io i s own MMA�- MWAW- �r l�► 1 VA �1 fr' 11..I �'1 t • II 1 1 w" Male ��MKlb O����� I M _M� ZVE wA 11 i nor-. roll = 11 ���� k � � . asp► ��� x rIAM r{ } } ' 'L�•ail�peeals�'GIF,«tris lie�'diials6 ,�'�,jy< Conneedbus.Pubic C)eaner School 06-0 Plarclaase Order No: Date.-- Vendor. ate;Vendor. X4 $o Y Address: 66 r - ' + Phone: ESEP 15 206 �J BM I Ship To: Confiectiois PC3 Phase: t-80&961-3664 .174K . --Ue Ava Fay 1408-961-2665 ••�►+---�--� "...•'�._•.•`•• Hf o,M 96720 •i Y 1�'T"" ••It i' f 1 ��". 1..iM�•i .. �.1j;���y•.. w �y` y =all IC .i- rY.F i • .1• S: �3.•��a•�L.��••inzi r.` .lA. �I���- •s 7� B `'i•y;' K S1 'T � Jvsi�catioa � •' r jfi:�� � •; r. � •/ .5...`••y. . ! "'>K•-•:.. .�� .J�j Y r. �,'�f.nj 7'G,J p T� • Tax .4 NIP _ Crrdet Total � eeialIns�atiaas: ��� �. 7.W p Ttegneetar: ' ApPrave4 .-..... ��.. Title: �c�..w•:ti �� Title: 1487 • ds�sar..sxw v F B �� 20 7 gri ns Pubes Ch selwor 06-07 Putcblsa O "lea w►4MW.►1y.M�r Dom` Payableto: . G�?•IIe.A Addrew- Phone: (Sib? Bill 1 Slip To. CD=ecfioM PC8 Phone: 1-808-%1-3664 iUKamebm"A9e. x 1-808-M-266.5 M,lel 967A wKf � �� o�rgSt4w '-pV ,�,irerdsr ''� ; •.°I� Y7s a Al LAI- ofor ;Ak Pro- Total 7ffg• :. TAX Order Total S ectal diaru�: RtqaWor. '�'� '�. � - -- Approved: AML ru Lt tAHIB ....... 1488 R 1 f� 71V Y r�W Con"Caom-public C LT sch,00I 06- Purchase Order Na; flats: X116`7 -- .pwyable ta: • 6RAtcA Igo phone: ( 76jr .. 75x.t7 '3^ FEB 20D'? Bili 1 Ship To: Gomee#ions PCS Phone: 1-808-961-356 �..,.,t.,...,.. ...r...... 174XwmabwmUAvo, Fax: 1-80M61-2665 .�..� Bis O,Ax 95720 • TOW TaxOrder TOW • i�r Appra"d: "Title: t..... Date: Z•f ? Date: i t"AHIBffa 1489 M Coraec +ans Pu1�ka Charter school 06-07 ` l Pmrd:ase:oraer lin• vatm /0`1 payable to:. ll ' Addreeer. `bone: ( ) • 8i0/Slsip'�aa Coaneet4nus PC8 l�hatnes f-84$-46t,366� 17+1 Xameriamelm AviL 140"1-2665 mkk w 9t;M M Pr TMI=gakw p+�i.larewe Toted Tic s.�r� Oar TotW !fY . -Y- eef b0zaeftne:Iso order box oE"fgk2g&fm&Internet MOM date Meeted etc. ��pr: ���►+�+�' r.�'o � Approved; `�' �,"�4'lesw ,� Tltte: rjrx,:7 • .��sfa 7`. nate: w EXHIBff 1490 i r , l r` kd MOM- i fir,•- p >r,.- - Rli R i i bit l MAW r • MW t Courieations Public Charter School 06-07 pif l'urchmae Order No: Date: � �Q Puyable to...FiiY. II Address• 010f i �2 Phou8: ( F B1,Ei.!Ship Ta: Cawtect[onsl?CS �It MiN F-808-95!"3b64 174 SamehahaAve. �� i "808-�61-2565 D , � Mo.HI 96720 IfiPM Qty, Una 1 irumeation Totd Tic Order TOW d � ecl�►1�strcuctlond: Requestor: -Vwlho Approved:ANIL � --- -- qu Title. Title:_ nate: 6:17 'reg"' Date: eiWe I-fa 7 FXHIBITA � 1492 5L viv ?Z e","m IfAm 9 Am Am *ra lin'eaeAL Camrlec onspubueCharilerSchool 06-07 lie, PWrehmo OrderNo: Date: Payable to: ICU Si1lf 8htp Tot Cbnaeetfnna PCS JUN I-BOS-961-3664 Mo,M 96720 ' low 02 aTFi�ity� Order ToalMI-X2 tal � ecls��tntciio�na: Re�uestnr:-- - ,-Mo !•�} fie. Tine; -z 'Date, DBEs: y fX2.5'!fir HIBff ` 1493 A 3 TW8 AGUEIU MT,dated%a 25tlk , 20089, by anti betvrom THE H"J'AYCEEB(beadnadft refaredto aa"JAYCRESw)� RDkadM,ft-&Brim D(md whose p*Wpil plue aft is�� pmm a a Hewig. .,1... Hewell,AW �' . �ya!r� _�... ye:LAIL— 9- 60-La Ommaiftftw refined to ax"OPERATCWI)6 . � ,...,,..�............, Thd for ami in omldaWan for the mWW pmmiara and mveamtm at koh behest,JAYCEES and OPERATOR do hemby oovra ad,promb o sad agma as Jbiiowic 1. 0MRAT+OR agar that it is a bo®a Rdeum-profit prVWzmv0n or olu% amd vdII aubmit pmf of Edi- -p aft bra Qua k#ft Brow do bAen t R, venue SaWce)to the JAYCM prior to the start of the EWwdfi CmvO Fair Qwraftuvftier mfemd to as "FAIM") vvhioh will be hold fiu m Se mbar 18, 2006 tkv o8h Scoembar 21, 2008, in Hilo} Hoon WL m6jW ond amwding to dw wn= ad oanditions badnafta mtfor& 2. JAYC shelf rW aud malas availsbie to OPERATOR dmW ft ruining of the FAIL: a. FOOD BOOTH space with sbaii 'bo --- 16' 3t~ 16' It size, labeled as on the znq attached bewo as"MMIT e b. The booth will bo paornded with one (1) d"Mcei a+udeL AddidOAd outlets mqy be botdW at on axtta float. ti. OPERATOR ftU We mm to a sou mad r WmdM mk waw, m d a wuh bmW QWr Frog CUPAWO OF U`�`,i£NSkl A. Accauto the rafrlge iat m tw9l beItedta adytbftpexscua whose numem have b ma p+ar+Wad In advwma to*a JAY . d. MOM="beP vkW with one(1)dW9vted Pmdtkg stall.MY um►uth+ zed pmimg is n xvcd area will r+osolt in vtMe1om bft IowW my and 1 or by fotfoitm of ft Re ly Oapaait de=`M In pesa8mph 3,d.below. e. OpE ATOR "I be pmvkied with one (1) hadmoom pus to be terra i&rod io gates 3 it d upon eatry and plaked up apart exit. ANIL 2 E ffXHIB 0-4�Ial 14! l 3. OPERATOR shy Pay JAYC M Ener the><a W of the booth space the bid price of S_ -_ _ -..,77m fl�C# �5IWOU ri ,DOLLARS)m#'allows:. a, Omm-third (113) $-3UMof odd Wd parka upon tba sigWng of this AGRERMINT, L The balmme of add bld pdoe on or bdmo 12t0d noon,5tmdsy,Se pftmber 21,2009. a. Paymmaart shall be by CASH 'or CASMMIS CHRM payable to The HAWAH C0UNW PAIR. CL In addi den to bra laidpim OPMATOR agin ato pay n•SZCMTY DEPOSIT orStsaw for mw darpne w whkh=W be capered to the booth 6paw and f or fiar lnY vialadim by OPMATOR of the teams mad conditie:m tb t d lzaa+dn. Tho sawdly deposit dmU be "A mde d io O'PMATORwNbIn two(2). ccU dbw do close of*e!FAIEL iftwo no no dwmgem or viobdom The seoarlty dqpowU I wk Hwit or preealuder JAYCOS f0 m mekbW any aeld' pod hers or covets lumnvM !et eemoms of ft depwr L TM mmift deposit dwR be made by a wpamle CAR`S CHECK prei ablee to TEM HAWAII COITNTlt' PAM In o>rrdar to fiwiftfift the REFUND. 4. OPERATOR abaU um tbo boolh ezWkW"Yy Iba the Vwpman vbftd In thi a bid made by the OPWATOR. and for no atter pitpow. The bid mete by OPERATOR is.ratite ped of this AGREMMM.A tma and oonftt on"of the bid is ddkdod ha Ma es"MCM1T 131 5. OPURATOX shall vas n tb*d sad t or drink sales dwing su hem that the PAIR Is up=to the pubileh.The saheaetae Is as fes: lumd . sap tuber 18.2008 S-.30pn—MidWW Friday, Sep nber 190 2W$ 330 pm Sattarday, 9epbembw20,2008 ioam-MidanW Sunday, SapWnbvr 21.2W8 10 sono►—11 p n d. OPBRATOR oftem all Mw� or pewits els taqukvd by the re levant govanuaaaaaud ageznea[^ and skill comply with all Uwe, hole* teed xvmuladons, ordW ms, e;md dhectivo of to xelerrW-Sant= - I eauffz edam drift the rumins of the FAIR. 3 149 7. OPERATOR awm to abide by to following operational rules: IL ()PEIMOR" sell only.o0 a coat We and shalt m&hk&or own cob and deposit. h S4W publk bg the nrme of the aeon opm&g the baatb my be WxW at too eqMM of OPERATOR. a, Eseh booth mW have a firs wfivAdw Ava tble ding all FAIR hours. 's op mdw of ooh b000& is rapomdbte far aawag their own flrb ex&VIWW- Rwommnd fire=flMMIdW is AAC uaedd or c9l Htlp Piro at phoiae:986-6697 - d. EwA booth mit have a phodo lined prbap pa fw disposg of food 4 The wash luln Is fix HAND WAMMG ONLY. Ciesmfng,waiting and sattMon of ubmile moat be do= whets food is preplm .„NPT ISI f All tut mvd be CRUSHED and BAGM.(No disposal ofempty boxes in tho troch bl") & Broth upwatora M wspa=6xe f w h ndwear (caps am n q*mo for an worker intoe booth. IL Children u *e age of id yea= am W allowod in the fond booft Only those who are woddng in to food booiha stet pen# in thea f"aod booth urea. i. All foodboc&vvM be omWxWd by,en JAYCMW to the maximum sin allowed, wd OPERATOR aitrtl umb NO Pl7RW MMMWM. OPERATOR&A pmvIde ovm floating=betel I.I.120skips A pw 16 16 fix* ")rad dM bompmOk for hwW11fionwhkh inobxW pWn ply-wood~ ftL JA'YCM no ImW ropondble forptavWhM doodII& J. A ftm(3)fiat wide whey dittU be m&tKhW beMi d the food booths for acme to the araefer and far animal Ing= and agm to tt boort. This wolk-Wmust morin tmob*wle d at4thm k. The toot of the fool boift wilt be emlowd wI% obaln Irak *acing, exooptfat des Prted gate which must Mmain open and tuwbsMwW at ell times. No sltorat= tar tampering of the ofbain link *acing"be made and any OPEMTOR In viakdiott offt pxoviaton wrjUt ter mussdt for my&muses ad/1 or f ffitm offlie waurity dgodt. 4 1496 .. 5 n. If OFEUTOR violates or is in violation of my of tho tow' and condidope heroin, JAYCEES shall have the rigbt to take all steps nmm"to vaect or to pmvent mrh fttba violations,unci ftS shut itog dons, the booth m&4 deducting man iee fiom OP TOWS mcWty deposit.JAYCM dwhmn+anWs wAttar sW be biimg WhW. S. OPERATOR agra03 the# JAYCEES and/or its► mambem shall not bo Keble to OPMATOR for the loss of goo4 copnent or other ifts of OPM&TOR and &a]1 not bis toRmo lble hr air p normal 1*rd s mffml by OPERATOR or Its offWaN aS ,ampla"orxr01 I I1 11 9. OPERATOR, Moss to hW4MWfy ad hold hnrmloo JAYCEES and / or its monamm ftm asst' and all llssbliity, loss or dumayes JAYCEES and / or its membasm may suffer 0 a molt of dmftaa„ damatuf, casts or JAYCEES and 1 or its mm&wi: ing otst of the pmv ori of em*at WvIm by the OMA.TOR our as a nm* of a dofe# or deRclemy In msah goods or avMcm sold orpmVM14 10. OPERATOR qPW to Wmud* and hold hamst+as'ts=JAYCIMS and / or its mantbora from&Vmal ail Rabtthjr rt 5nm the t or ottser tortusouss Cr VITOnm Conduct on tyle Put or OPERAT01to ft Ofd, 12"tol,vn*Oyec*�, or mpueseidifives, and a1WR.nbnbma JAYC$W and for its membem for my lou or dmgaa fsmarred by mon of smh neoligaaca or other tortes= or 'VVx'pll c�ncipc�. , OPERATOR dMU mft* to JAYCEES sm lam than Sap =ber 29, 20081 a &maid mpoR an the Am wad boob es MMff M 's Wdm by the OPERATOR to subs#a tlmalyhnamo w report be WOW&for 9W 10e01im of bide m&by opMATMinthe#`afore. IN WrnaM yfiUM".he Lent°lm=and an"prawn to be duly a m ted on the day and Yom"above wdtt m 7r MO JAYCM OPERATOR BY:. _ BY, � iMW Ropmantadve 5&a Hawdi CountyFair men PRI". VENDOR AftS ...�,.,.... - 149 f oc G H k...,�.! BooftS(All llaa#br are up14' :1b'LU ewe) Sumps Reefern 1498 J s � l NUMB DATE: OROANIZATION: �n t• a i 4 r ��shoo f �-o o�i,�J �rr..r�,�, r:,e. v a�,a B1D PIUM. S. "r NWAU ITXM X'1i M Sim PRICE TO PRICE TO �'�IC JAY�FIS Ar, crux.., $ 3 Am $ 3 - S $ $ $ $ S $ $ LOCAnON DF.R (ME WaWIT AY: NAME OF BIDDER; PRC IST ; all pMT R 9T 7ENCE SIGNATURE �USiN$SS VIlRYMMION OF NON-'ROAT STAT M ENMSED 7 "" `"� 1499 Aw jvwfq1809 . 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Per mile traveled,they have the highest involvement rates in crashes,from crashes involving property damage only to those that are fatal.The problem is worst among 16-year-olds,who have the most limited driving experi- ence and an immaturity that often results in risk-taking behind the wheel.The characteristics of 16-pear-olds'fatal crashes shed light on the problem: Drhrer error.Compared with crashes of older drivers, AMML those of 16-year-olds more often involve driver error. Speeding:16-year-old drivers have a higher rate of crashes in which excessive speed is a factor. Single-vehide Gashes:More of 16-year-olds fatal crashes involve only the teen's vehicle.1gpiadly these are high- speed crashes in which the driver lost control. Passengers: 16 year-olds'fatal crashes are more likely to occur when other teenagers are in the car The risk increases with every additional passenger. Alcohol:Although this is a problem among drivers of all ages,it's actually less of a problem for 16-year-olds. I►pically,less than 15 percent of fatally inJu 16-7ear-old drivers have blood alcohol concentrations of.08 grams per deciliter or greater.However,alcohol quickly becomes a problem in the later teen years. Might driving:This is a high-risk activity for beginners. Per mile driven,the nighttime fatal crash rate for 16-year-olds is about twice as high as during the day. !ow belt use:Teenagers generally are less likely than adults to use safety belts. 1503 f Enter Ercall Address Home Slgn up for i3VX UDdxtnc Ails►fil�FY SRIr4� icfssYlhfblt�-i1S1tf . Aggl'e9sive OrMnq Prtnt; Share; R55 Feed ; Email Teen Drivers -.Additional Resources Cl�tld 5=rfety Parents and and Teens Distracted Driving Set the Standards Driver Education ParentstReWonsibtlityToolkit -Teen Drivers Additional Resources l Senior Drivers Priority Program Areas Seat Belt Use �nfort+emellL#} NHTSA is foaling Its effort in dwee priority areas to prevent rrrot cs vehicle-ralated rArned media materials Justice 5ervieeg fatalities and injuries for teens: Creative materials � TY I radio spots Access to Alcohol•Graduated Drtver Lfcensing(GOL)•Seat Belt Use irnpairt^d Dr Iving Graduated Driver Licencing r Matorc:ycles Access to Alcabol The GDL System 'Peen Driver Education Occupant Teens erre at far greater risk of death in an alcohol-related crash than the overall Ii i Protection population,despite the fact that they are below the mln4msn drinidnq age in every State. E Youth Access to Alcohol Among 15-to 20-pear-otd drivers Involved in fatal crashes In 2006,31 percent of the I Earned media materials } PedestriansAmong who were kRled had been drinking and 77 percent of these drivers were i Creative materials Research& onrestrafned.High-visibility enforcement of underage purchase,possession,and pmvb1on 'I { laws can create a sigplikant deterrent for vkrtatdon or youth access taws,reduce TV 1 radio spots € EVALUaOon consumption,and decrease alcohol-related crash Invalvanumt. I Additional Resources ;rhoM Buses NH7'SA's core straggles for reducing yondh access to alcohol include: Priority program areas f Actlons directed at adults,such as media messages on parent and other adult 1 Teen safety stattstIcs studies&r l responsibility,Ing registration laws,and enfbraenhent of laws against pufckra."!ng � � alcohol for youth; ! Glossary ; Actions directed at youth,such as tamper-proof licenses,•use-anddase"laws that confiscate the drivers license of underage drMhers,law enforcement p wW patrols,and I tanrpaign Materials For Safety 4 ?artiness and Advocates =. peer education; : Actions directed at alcohol vendors(e.g.,point-of-sale training and compUance mks);and Comprehensive onnm nunity prograns that bring together curnmunity groups and agendas. Graduated Driver Licensing(GDL) Young,advice drfvas are significantly aver'represented in fatal crashes,particularly 16- and i7-yearld dtivers.Immaturity and Inexperience are primary tactors corMbuting to fatal cashes by young drivers.Three-stage GDL laws address these factors by reducing high-risk exposure for novice davers.Evaluations clearly show the benefits of adopting GDL laws,generally Indicating 20-to 50-percent reductions in crashes or young novke drivers. NNTSA's core strateglea for strengthening GDL laws Include: Enactment of three-stage GDL legislation containing NHTSA-recommended components; Htghty pub[fciaed errfflrcement of CDL laws;and Increasing parental responsibility In monitoring novice driver compliance with GDL taws. Seat Sett Use Teens have lower seat belt use rates than adults.Despite efforts aimed at increasing belt use 1n this age group,observed use among teens and young adults(16 to 24 years o(d)In 2068 was the lowest of any age group at 80 percent In fatal motor-vehicle crashes,the 1504 majority or tees,, "0 years oJel)continue to be unt)UcIded P671.In 2M). NHTSA's core xtrataglas for Increasing seat belt use among teens IncJude-- Primary enforcement seat belt laws; Highly publicIzed enforntment of seat belt Laws;and Educational programs that complement seat belt laws and enforcement. <<Return to Top Youth Traffic Safety Statistics Motor vehicle MWm are the leading cause of death for teens in the U.S. Each year,more than 5,000 teens(ages 16-20)are kUM in pazenger vehicle crwhft. During 2006,a teen died in a traffic crash an average of once every hour on weekends and nearly once every um bms dLwlnZ the week. JIM AP r-ilationalty in 2006,25 percent of the young drivers ages 15-20 who were IdUed in crashes had Blood alcohol concentration(BAC)tavels of.09 or bfglw at the time of the crash. Nationally In 2009,3,349 teen passenger vehicle occupants,ages 16 to 20,were k1lied In motor vehicle crashes,and 56 percent(11,880)were unrestrained at the time or the Fatal crash. tie According to HHTSA,teenage drivers and passengers are among dime least Likely to wear their seat belts. Stride all teens are at a high-rM of eq*xIendrq a fatal crash,acow4ing to HHTSA, young males,piclusp truck drivers and pmangers,as well as people living in rural areas are also among"we West likely to buddy tip. <-c Return to Top Studies a Reports • Traffic Safety Facts-Yawq Driven • Graduated Drier Licensing*stern • Graduated DrhW LkensIng • Beginning Teenage DrKWs - Devetopment,and EVaWlon Lir a PC-based AfteIation MAntemance TrallnWS FroWern • National Evaluation of Graduated Driver Licensing Programs • Parent-Taught Driver Education in TOY=A Comparative Evaluation • Teen Unsafe Driving Behaviors:Focus Group Final Report im Graduated Driver Licensing Reduces Fatal Crashes by I1 Percent for 16-YearOld Drivers,Study Sham It Safety Belts and Wer Teens-2005 Report ■ 2008 MxrW Vehicle Occupant Protection Facts ■ NHT5A I ADTSEA--National Driver Development Prograrn m Increasing Teen Safety Wt Use:A Program and Literature Review n Determine Why There am Fewer Young Alcohol-Impalred Drivers n Teen Driver Crashes:A Report to Cangrm c<Return to Top Glossary Alcohol involvement I NMTSA Apirfnag P fAI-Al e'mh» pkMh,&efqtMi ry mimhni-immk""If at 1—f-�drh—nr 1505 • TEEN DRIVER CRASHES • A Report to Congress July 2008 MM 1506 Technical Report Documentation Page 1. Report No. 2. RovarnmentAccessiats No. 3. Ra4lenrs Catalog No. DOT HS 811005 4.We and Subittle S. Report Date July 2008 Teen Driver Crashes: A Report to Congress a PerkoWng orqQr&aron Cada NTT 130 7. Author(s) 6. Pedorming Orgar&aHon Pj*D t No. Richard P. Compton and Patricia MsonPott,er 9. Perfomdng Organization Name and Address M V k*tJntt No.(MA[S) Office of Behavioral Safety Research National Highway Traffic Safety Ammon 11. Contmut twGrant No. 12.Sponsoring Agency game and Address 13. Type of Report and Period Covered National FEghway Traffic Safety Administration U.S.DeparlmentofTransportation Reportio Congress 1200 New Jersey Avenue SE. Washington,DC 20590 sp°nn9��"°�'code 15.Supplementary Notes 16 Abstract This report summarizes what is known about the teen driver crash problem and reviews the research on the major contributing factors to the high teen crash rate. Dispositionak factors, such as immaturity, inexperience,faulty judgment,and a higher propensity for risk-taking all contribute to the teen driver crash problem. Additionally,younger drivers are not experienced in hazard recognition. They do not generally acknowledge inherently dangerous situations on the road,and therefore do not react appropriately. A brief review is included on a variety of programs designed to decrease teen driver crashes,such as educational programs,laws and sanctions,and licensing programs. Scientific evaluations of these programs are discussed in terms of reducing the teen driver crash problem,thereby making America's roads safer for our youth. The study and report conclude with recommendations based on research for developing and implementing interventions for this important traffic safety issue. Strong evidence supports the strengthening of graduated driver licensing(GDL)laws in the States and incorporating driver education into the GDL system. V. Key wads t& Dkbftka statamem Teen driver crashes,driver education,graduated driver Document is available through the licensing,risk taking,hazard recognition. National Technical Information Service Sprin&&eld,VA 22161 and free of charge at www.nhtsa.dot.gov. 19. Security Classl.(of this reporQ 20. Secu ft Cdasa.(of this page) 21,140.of Pages 22_Price Unclassified Unclassified 12 DOT F 1700.7(s.n) Reproduction of completxd pMe autfrorfzed 1507 TEEN DRIVER CRASHES The House Report(109-12 Section 2012)accompanyingHR 3,Transportation Equity Act:A Legacy for Users, requested the Secretary to conduct a Teem Driver Study on the major causes of traffic crashes involving teen drivers and evaluate existing teen driver programs. It went on to request that the Secretary"transmit a report to the Committee on the results of the study and recommendations to reduce the number of traffic dashes involving teenagers,including recommendations for model driving school curriculum and graduated licensing requirements." This report documents the study's findings and recommendations. Teen Driver Crashes Motor vehicle crashes are the leading cause of death for 15-to 20-year-olds. In 2006, 3,490 15-to 20-year-old drivers died and an additional 272,000 were injured in motor vehicle crashes. In 2006, 12.9 percent of all the drivers involved in fatal crashes were between 15 and 20 years old. In comparison,these young drivers represent 6.3 percent of all licensed drivers. Overall, driver fatalities for this age group increased by 3 percent between 1996 and 2006. For young males,driver fatalities rose by 5 percent,compared with a 3 percent decrease for young females QiHTSA Traffic Safety Facts—Young Drivers,DOT HS 810 817, 2006). Figure 1 shows that in 2006 young drivers between 15 and 20 years old irad the highest fatal crash involvement rate of any age group with 59.5 fatal crashes per 100,000 licensed drivers. This rate is significantly higher than any other age group and more than double the rate for any age group 35 and older. Figure 1 Drivers Involved in Fatal Crashes per 100,000 Licensed Drivers 70- 60- 478 a60478 N 50 Q 40 320 26 6 30 23.7 29.1 19 3 2L9 20- 10 0- 15-20 2124 25-34 35-04 45-54 5569 65-69 70+- Age Group(Years) l 150 Figure 2 shows that in 2005 the involvement rate per 100,000 licensed drivers was highest (63.98)for 16-year-old drivers and lowest for 20-year-old drivers(53.52). Rates for 17-and 18- year-old drivers are close to each other but are lower than the rate for 16-year-olds- Figure 6year-olds_Figure 2 Fatal Crash Invohrement Rabe by Driver Age per 100,400 Licensed Drivers 63.98 58.78 62.19 55.9 53.52 C d Age 1B Age 17 Age 18 Age 19 Age 20 Contributing Factors to Teen Driver Crash Rates Highway safety literature has documented that teen driven,,due to a combination of immaturity and inexperience, have a higher propensity for risk taking behaviors than do older and more experienced drivers. Research and crash data tell us Haat teen drivers are less likely to buckle up, and more likely to speed or drive too fast for prevailing conditions(Hedlund, Shults, & Compton,2003). Other factors shown to place teen novice drivers at greater risk of crash involvement include driving late at night(Lien&Fearn,20031 driving while impaired by alcohol (Williams, 2003), and driving in the presence of teenage pa.%sengers(Lin&Fearn,2003; Williams,2003). In fact,in-depth swdies of novice-driver crashes suggest that contributing factors to teen crashes are cinch the same as for adult experienced driver crashes. Teenagers appear to use new technology at a greater rate than older people do. The latest survey of driver cell phone use found younger drivers ages 16-24 using hand-held cell phones at a higher rate than older drivers(Traffic Safety Facts—Driver Cell Phone Use in 2006—Overall Results,DOT HS 810 790,2007). While younger drivers may not be more likely to use their Personal Digital Assistants(PDAs), iPods, and other portable entertainment devices while driving than older drivers,younger drivers are less experienced at raWtitasiong while driving and are therefore more easily distracted than their older counterparts(Stotts et al.,2001). 1n fact, preliminary research has identified different visual scanning patterns between younger novice drivers and older,more experienced drivers,providing support for teen drivers' apparent inability to detect high-risk situations(Pradhan et al,2005). 2 1509 Younger drivers are frequently inexperienced in hazard recognition and omen take unnecessary risks due to a combination of poor decision making and an illusion of invulnerability(Williams, 2006). Younger drivers do not always consider the consequences of their actions. Recent research in adolescent development supports the contention that younger people are often developmentally less capable of making sound judgments and decisions regarding potentially risky behavior. Areas of the brain involved in rendering judgments and making decisions are not fully developed until around age 25(Keating,2007). Young drivers are particulady vulnerable to certain high-risk driving situations, such as driving at night(Lin& Fearn,2003;Williams,20031 after drinking alcohol(Williams,2003),with ether teenage passengers{Lin&Fearn,2003; Williams,2003),and when unbelted(Ferguson,2003), Programs to Reduce Teen Driver Crasbes A variety of approaches have been taken to reduce teen driver crashes_ These include laws and sanctions,licensing programs, and educational programs. These will be discussed briefly in turn. ,Laws and Sanctions--A number of laws that restrict teenage drinking and driving have been shown to reduce teen crashes. Studies about raising the drinking age to 21 years old and enacting zero tolerance laws have been shown to reduce teen crash rates. Zero-tolerance laws make it unlawful for drivers under age 21 to operate vehicles with any detectabl a amount of alcohol in their systems. All 50 Stases and the District of Columbia now have 21-year-old minimum drinking age and zero-tolerance laws_ NHTSA estimates that these laws have reduced traffic fatalities involving drivers 1S to 20 years old by 13 percent and have saved an estimated 25,509 lives since 1975_ In 2006, minimum drinking age laws(NHTSA, 2006)saved an estimated 890 lives. In addition, States with primary seat belt laws(where a motorist can be stopped and ticketed for not using a seat belt)have a 14-percentage-point higher use rate than Stases with weaker enforcement laws. This difference in use rale extends to teen drivers and passengers_ Thus,the adoption ofprimary seat belt laws by all States would save maw teen driver and passenger lives (NHTSA,2007). Graduated Driver Licensing—Given the inexperience of novice drivers and evidence that with experience novice driver crash rates decline fairly dramatically,people have sought ways to provide novice drivers an oppoFtunity to gain driving experience under less risky circumstances. This approach is known as graduated driver licensing(GDL),and has been shown by numerous studies to be a highly effective method of reducing novice driver crash rates. NHTSA recommends a GDL program that involves a three-stage licensing system for beginning drivers (stage 1 =leamee s permit; stage 2=provisional license, and stage 3 =full license)that slowly introduces the young,novice driver to the driving task by controlling exposure to high-risk driving situations(e.g.,nighttime driving, driving with passengers,and driving after drinking any amount of alcohol). 3 1510 r i The three stages of the GDL system include specific components and restrictions to introduce driving privileges gradually to beginning drivers. Novice drivers are required to demonstrate responsible driving behavior during each stage of licensing before advancing to the next level. Each stage includes recommended components and restrictions for States to consider when implementing a GDL system. NHTSA currently recommends the following components and restrictions for each stage: Stage I:Learner's Permit • State sets minimum age for a learner's permit at no younger than: 16 years old; • Pass vision and knowledge tests,including rules of the road,signs,and signals; • Completion of basic driver training • Licensed adult(who is at least 21 years old)required in the vehicle at all times; • All occupants must wear seat belts; • Teenage passenger restriction not more than one teenage passenger for the first 12 months of Intermediate License.Afterward,limit the number of teenage passengers to two until age IS; • Zero alcohol while driving; • Learners permit is visually distinctive from other driver licenses; • Must Tremain crash-and conviction free,including violations ofthe seat belt,zero- tolerance, speed, and other GDL provisions,for at least 6 consecutive months to advance to the next level; • Parental certification of 30 to 50 practice hours;and • No use of portable electronic communication and entertainment devices while driving. Stage 2:Intermediate(Provisionaq License • Completion of Stage 1; • State sets minimum age of 16.5 years old; • Completion of intermediate driver education training(e.g., safe driving decision-making, risk education, etc.); • All occupants must wear seat belts; • Licensed adult required in the vehicle from 10 p.m.until 5 am.(e.g.,night-time driving restriction)with limited exceptions(i.e.,religious-,school-,medical-,or employment- related driving), • Zero alcohol while driving,- Driver riving;Driver improvement actions are initiated at lower point level than for regular drivers; • Provisional license is visually distinctive from a regular license; • Teenage passenger restrictions—not more than one teenage passenger for the first 12 months of Intermediate License. Afterward,limit the number of teenage passengers to two until age 18; • Must remain crash-and conviction-free, including violations of the seat belt;zero- tolerance, speed, and other GDL provisions,for at least 6 consecutive months to advance to the next level; and • No use of portable electronic communication and entertainment devices while driving. 4 1511 r 81 a 3:Fu I Licensure • Completion of Stage 2; • State sets minimum age of 18 for li$ing of passenger and nighttime restrictions; • Zero alcohol while driving;and • Visually distinctive license for drivers render the age of 21. Evaluations clearly show the benefits of adopting GDL laws and GDL components. Florida's GDL law resulted in a 9-percent reduction in crashes for drivers who were 16 and 17 years old (Ulmer et al.,2400). Ongoing research in Michigan(Shope et al.,2001)and North Carolina(Foss et al.,2001)has shown a 26-percent and 25-percent reduction,respectively,in crashes involving 16-year-old drivers_ Maryland(Freidlander et al.,under review), Texas(Willis, 2006), and Pennsylvania (Cohen&McKay, 2003)GDL programs have shown similar success. Nova Scotia, Canada,reported a 29-percent reduction in crashes involving 16-year-old drivers (Mayhew et al., 2003),while a preliminary report from Ontario, Canada, cites a 3 I-percent reduction in crashes for all drivers 15 to 19 years old(Mayhew et al.,2002). Recently,NHTSA completed an evaluation of Georgia's GDL(Teen and Adult Driver Responsibility Act, TADRA),and more recently of Oregon's modified GDL program. Both evaluations show unequivocal success in decreasing the teen crash rates in those jurisdictions. NHTSA also recently completed a study that compared States with passenger restriction laws for novice teen drivers to States that do not have such passenger restrictions_ The specific selected States include California,Massachusetts, and Virginia,and the results showed reduced teen crash rates in the targeted States due,at least in park,to the enactment of the passenger restriction laws. A NHTSA-supported study by Johns Hopkins University,released in June 2006,found that States that have comprehensive GDL programs had a 20-percent reduction in fatal crashes involving 16-year-old drivers. A comprehensive GDL program included at least five of the following components: • A minimum age of 15%for obtaining a learner permit; • A waiting period after obtaining a learner permit of at least 3 months before applying for an intermediate license; • A minimum of 30 hours of supervised driving, • Minimum age of at least 16 for obtaining an intermediate state license; • Minimum age of at least 17 years for full licensing; • A nighttime driving restriction; and • A restriction on carrying passengers. As of September 2007, 46 States and the District of Columbia have enacted a 3-stage graduated licensing system for young novice drivers! Arkansas,Kansas,Minnesota and North Dakota do not yet have a 3-stage GDL program in place. NH.TSA will continue to evaluate GDL on a State-by-State basis, and will assess the relative contribution of specific components within GDL (e.g., passenger restrictions, supervised driving). 1 As of June 2008,Minnesota has joined the States that have enacted a 3-stage GDL,totaling 47 States plus the District of Columbia with a 3-stage GDL. 5 1512 r + Driver Education—It was once thought that effective driver education and training would reduce high crash rates of young,novice drivers. Historically,driver education is the United States has taught basic driving skills and safe driving practices. Many carefully conducted studies of driver education in the United States and abroad have failed to provide evidence for decreased crash rates among teen drivers who have participated in driver education programs (e.g.,Jones, 1993;Mayhew& Simpson, 1996;Vennick et al., 1999; Williams&Ferguson,2004; Wynne-Jones&Hurst, 1985). Driver education remains a standard for acquiring driving skills and 24 States require the completion of a driver education program before a person under the age of 18 can apply for a license(SIS,2007)_ Traditional prelicensing driver education for novice drivers typically entails 30 hours of classroom instruction(theory, rules of the road, safeldefensive driving techniques,risk assessment), and 6 to 10 hours of in-vehicle training(vehicle control). While this may prove adequate for teaching basic vehicle control,it does not appear to result in long-term reduction in crash rates for novice drivers. Teens do not get into crashes because they are uninformed about the basic rules of the road or safe driving practices;rather, studies show they are involved in crashes as a result of inexperience and risk-taking. Given this history of mixed results on the ability of driver education to positively affect crash performance,it is unlikely that an educational program alone, no matter how well designed and implemented, would result in dramatic reductions in teen crash rates. In 2000, under a cooperative agreement,NHTSA contracted with the American Driver and Traffic Safety Education Association(ADTSEA)to produce driver education program standards on curricula, delivery, and outcomes. These standards were developed based on the best thinking of 35 driver education experts assembled to consider wharf and how driver education should be taught. Based on these standards,ADTSEA also developed a detailed driver education curriciAum. Seven States have adopted the ADTSEA standards,four States have adopted the ADTSEA curriculum,and a many individual programs in other States have adopted or use parts of the ADTSEA curriculum(ADTSPA,2007). In 2005, ADTSEA updated the standards and its accompanying curriculum,under a NHTSA cooperative agreement,to ensure the content kept pace with automotive technical advances. ADTSEA provides technical assistance to States and jurisdictions planning to implement or expand driver education programs and graduated driver licensing requirements. (See the Appendix for details.) NHTSA is in the process of reviewing the current state of driver education in the United States. The U.S.Department of Education has joined with NHTSA in a review of current knowledge and state-of-the-art instructional tools,training methods, and curricula consistent with identified best teaching methodologies for teenagers. One component of this project will convene an expert panel to determine the optimal sequencing and timing of the components of driver education training(classroom, in vehicle, supervised driving). Given the lack of definitive research and evaluation on many of these issues,it is possible the panel will not be able to clearly identify one-"besf' approach. In this case,NHTSA will assess the feasibility of moving forward with research to test alternative approaches to driver education to see if one approach produces safer novice drivers. 6 151; r NFTZ'SA also is exploring the development of consensus national guidelines for driver education program content,delivery,and quality control. As part of the process to develop these guidelines driver education administrators and specialists from every State will be invited to a national conference in late 2005. The development of these guidelines will help to ensure that quality driver education is delivered and monitored uniformly throughout the country. 7 f CONCLUSIONS AND RECOA UM"ATI'ONS The available evidence shows that • Twenty-one-year-old minimum drinking age laws and zero-tolerance laws have been effective in reducing teen alcohol-related crashes. • GDL programs have been shown to reduce teen crashes by approximately 20 percent. • Primary seat belt laws lead to higher seat belt use among drivers and passengers of all ages. • Driver education is effective at ensuring that novice drivers know the rules of the road, learn basic vehicle control skills,and have been introduced to safe driving information. Near-term efforts to reduce teen cashes should foes on encouraging States to strengthen their GDL Iaws to include provisions demonstrated to be effective in reducing teen crash rates. This includes adopting a three-stage GDL system that incorporates a Iearnee s stage,a provisional license, and finally an unrestricted license. A strong GDL system should provide the novice driver the opportunity to gain experience driving with a fully licensed adult driver under all conditions,including daytime and nighttime,' adverse weather,high-speed roads, and congested traffic. The provisional license should contain the following restrictions,which have been shown to reduce teen crashes_ • Restricted nighttime driving; • Limiting the number of teenage passengers; • Mandatory seat belt use; • Zero tolerance for alcohol and drugs;and `0 • Delayed transition to an unrestricted license until the driver meets a minimum 1-year period of violation-f=driving. NHTSA's Vehicle and Behavioral Safety Research Office has several ongoing projects examining the feasibility and potential of monitoring systems,to encourage safer driving behavior by teens. One project is currently detetmining the specific driving behaviors that should be monitored to reduce risky driving by teens,including using data from naturalistic driving to learn bow novice teen driving behavior changes over the first 18 months of driving. Another study is looldug at commercially available monitoring systems,coupled with weekly feedback to parents of teen drivers to reduce risky driving behavior and crashes. These projects are still in formative stages,but may eventually result in systems for voluntary use by parents who want to enhance the safety of their children as they learn to drive- In addition,NHTSA is examining a closer integration of driver education with graduated driver licensing programs for novice drivers that would involve a multistage driver education program. For example,'the first std of such an integrated system might involve teaching novice drivers the rules of the road and basic vehicle control skills. Later,when the novice drivers progress to the provisional license phase,they would be required to take a course that focuses on safe driving. Whether this approach would prove beneficial in reducing teen driver crashes remains to be seen. 8 1515 • r' REFERENCES American Driver and Trak Safety Education Association(ADTSEA), personal communication, September 2007. Cober4 7.H.,&McKay, M P. (2003). Evaluation of the effectiveness of Pennsylvania's graduated driver licensing program Iriamsburg,PA: Pemglvania Department of Transportation. Ferguson, S. A. (2003). Other high-risk factors for young drivers-bow graduated licensing does, doesn't, or could address them.Journal of Safety Research; 34, 71-77. Foss,R,Feaganes,J.R., &Rodgman,E.A.. (2001). Initial effects of graduated driver licensing on 16-year-old driver crashes in North Carolina. Journal of the American Medical Association, 286(13), 1588-1592, Friedlander,B.R, Joyce,I. 1,Kaney L.R,&Raleigh,R L. (under review). Fatal and disabling young driver crashes in Maryland: Assessment of three years experience with graduated licensing for 16-year-olds. Hedlund, J. (2007). Novice teen driving: GDL and beyond. Journal of Safety Research, 38, 259-266. Hedlund,7., Shultz,R, &Compton,R. (2003). What we know, what we don't know, and what we need to know about graduated driver licensing, Journal of Safety Research, 34, 107-115. Insurance Institute for Highway Safety(September,2007). U.S.Licensing Systems for Young Drivers. Arlington, VA ki tpJ/www.iihs.o gflawslerraduatedJ-icengp tro.aspx Keating,A (2007). Understanding adolescent development Implications for driving safety. Journal of Safety Research, 38, 147-157. Lin,M L.,&Fearn,K_ T. (2003). The provisional license:nighttime and passenger restrictions-- a literature review. Journal of Safety Research, 34, 51-61_ Mayhew,D. R, Simpson,H.M,&Pak,A. (2002), Ontario graduated licensing system evaluation-2002- Toronto,Canada: N inistry of Transportation. Mayhew,D.R., Simpson,H.M.,Desmond,K_,&Williams,A.F.(2003). Specific and long- term effects of Nova Scotia's graduated licensing program. Trac injury Prevention, 4(2), 91-97. Pradhan,A.K.,Hammel,K. R,DeRamus,R,Pollatsek,A-,Noyce,D.A-,&Fisher,D.L- (2005). Using eye movement to evaluate effects of driver age on risk perception in a driving simulator. Human Factors, 47(4), 540-852. 9 1516 r Shope,J_ T.,Molnar,L.J.,Elliott;M.R,&Waller,P.F. (2001). Graduated driver licensing in h chigan: early impact on motor vehicle crashes among 16-year-old drivers. Journal of the American Me&cal.4ssociation, 286(1.3), 1598-1599. Stints,J. C.,Reinf ni,D.W., StapIin,L.W.,&Rodgman,E. A. (2001). The role of driver distraction in traffic crashes.Washington,DC:AAA Foundation for Traffic Safety. Traffic Safety Facts:Young Drivers 2006 Data.NHTSA_DOT HS 810 817.Washington,DC: National Highway Traffic Safety Administration. Tra,f"rc Safety Facts:Seat Belt Use in 2007—Overall Results. AIHTSA.DOT HS 810 841. Washington,DC:National I-lighway Traffic Safety Administration. Ulmer,R G.,Preusser,D.F.,Williams, A.F.,Ferguson,S. A.&Farmer,C.M.(2000). Effects of Florida's graduated licensing program on the crash rate of teenage drivers. Accident Analysis and Prevention, 32(4), 527-532. Williams, A F. (2003).Teenage drivers: patterns of risk Journal of Safety Research, 34, 5-15. Williams, A.F. (2006). Young driver risk factors: successful and unsuccessful approaches for dealing with them and an agenda for the future. Injury Prevention, 12(Supp), 1418. Amh 10 1517 Traffic Safety Education APPENDIX Life Long Learning Process Driver Education Standards ho:/Iadtsea.iup.edu/adtsgglpdf/ADTSE&Lo2O8tandards.p The"Driver Education and In-Car Curriculum"was developed to provide current information and techniques on teaching novice drivers the basics of motor vehicle operation.it was developed specifically to reference four textbooks: Drive Righ410th editron,published by Prentice Hall Today's Handbook Phis,1999 e&don,published by NTSA International How to Drive, 9th edition,published by the American Automobile Association Responsible Driving,2006 edition,published by Glencoe/McGraw-Hill If a driver education program is using a textbook not listed above,the program will need to match the appropriate reading material of the text it is using in the"Resources" column of the curriculum. It is recommended that each classroom instructor receive and use a copy of the teacher's edition of one of the textbooks and that each student receive and use a copy of the textbook while in the driver education program. The choice of text is left to the discretion of each individual school. Any of the four textbooks listed above will meet the requiremmits of a quality driver education program. Also,instructors and students should have a copy of their State's"Driver's Handbook"for use in the program.The"Driver Education Classroom and In- Car Curriculum"guide is divided into 10 units. These units will assist in the coordination of 45 hours of classroom instruction. Also included are a Skills Log and an In-Car Guide.Eight hours of in-car instructions are grouped into the In-Car guide and alternate forms of the final exam are provided along with unit exams. Package content: DVD Disc 1-ADTSEA DVD Curriculum(includes over 1 hour of video) DVD Content(AudiQf Video format) Unit 1 -introduction to Novice Driver Responsibilities and the Licensing System Unit 2-Introducing Operator and Vehicle Control Tasks in a Controlled Environment Unit 3 -Space Management System Unit 4-Basic Maneuvering Tasks Unit S -Risk Reducing Strategies for ITigh-Speed Multi-lane Expressways Unit 6-Personal Factors Influencing Operator Performance Unit 7-Environmental Conditions That Affect Safe Vehicle Operation Unit 9-Vehicle Functions and Malfunctions,and Collision Reporting Unit 9- Sharing the Road With Commercial Motor Vehicles Unit 10-Reducing the Influence of Distractions on the Driving Task PC Content(PDF format,printable) Unit 1 -Introduction to Novice Driver Responsibilities and the Licensing System Unit 2-Introducing Operator and Vehicle Control Tasks in a Controlled Environment 11 1518 r Unit 3 - Space Management System Unit 4-Basic Maneuvering Tasks Unit 5-Risk Reducing Strategies for High-Speed Multi-lane Expressways Unit 6-Personal Factors Influencing Operator Performance Unit 7-Environmental Conditions That Affect Safe Vehicle Operation Unit 8-Vehicle Functions and Malfunctions,and Collision Reporting Unit 9-Sharing the Road With Commercial Motor Vehicles Unit 10 -Reducing the Influence of Distractions on the Driving Task Unit Tests(1-10) Final Exam Form A Final Exam Form B In-car,Behind the Wheel Lessons Parent Mentor Home Practice Guide DVD Disc 2-AAA Foundation for Traffic Safety Videos(total video time: about 1 hour) "Using Your Eyes Effectively" "Managing Space and Time" "Freeway Driving" "Sharing the Road." DVD Disc 3-American Automobile Association(total video time: over'/2 hour) "Teaching Your Teens to Dave" Lesson I -Developing Basic Vehicle Control Lesson 2-Moving,Turning, Stopping and Securing the Vehicle Lesson 3 -Maneuvering in Light Traffic Lesson 4-Maneuvering in Moderate Traffic Lesson 5 -Backing and Turning Maneuvers Lesson 6-Assessing Highway Conditions Lesson 7-Identifying Traffic Control Devices Lesson 8 -Searching for Clues to Motor Vehicle Conflicts Lesson 9-Searching for Clues From Non-Motorized Road Users Lesson 10-Positioning and Timing at hitersections Lesson 11 -Positioning and Timing When Following and Meeting Other Vehicles Lesson 12-Critical` hnelSpace Decisions Lesson 13 -Adverse Driving Conditions Appendix-Parent-Teen Contract AVD Disc 4-AAA Foundation for Traffic Safety(total video time: about 17 minutes) "Signs, Signals, and Marking,Understanding the Language of the Road" 12 1519 • 1520 ` f Dor HS 811005 July 2008 U.&Dexftent ofTr=ppotiafton air Nhwayhway NHTSA Ildmin�i�lioe www. hoo.gov, 1521 .e COILections Public Charter SLa.001 LSB Minutes, June 4y 2012 DRAFT Kress Building, 31 Floor, 3:30 pm Call-to Omer: Mrs.McDaniel called the meeting to order at 3:44 pm. Nkmbers Present: John Thatcher, Heather McDaniel, Sandy Kelley, Eric Boyd, Pam Thatcher, Shelly Ebersole and Ubby Ushiyama Membco :Alan Iwasaki,Damien Da"o Jr.and Mario Patino AppravaLof AMda- A motion was made by Mr. Boyd to approve the agenda as amended. The motion was seconded by Ms. Gray and approved with consensus Members reviewed the Draft Minutes from May 7,2012 meeting. A motion was made by Mr.Boyd to approve the May 7,2012 minutes with corrections. The motion was seconded by Ms Gray and approved with consensus Public Ynytst• nose Podcast#4 Preventing Board Schizophrenia A principle in governance theory that all board experts agree is that the board should speak with one voice. It can only express the will of the board with a majority vote 3 reasons why it should do so: 1. Speak with one voice so its actions and decisions are lawfully established. Legally speaking the board has not spoken unless it has voted. 2. When the board observes one voice them management is dean about the boards will. 3. Observe the one voice principle so that its express well that is whatever its vote is on any given issue carries with the authority of the board as a whole. Be sure all board votes are recorded in the nthautes_If it is not recorded ft didn't happen. None Daeradons Report: Finance Report: The May 2412 Financial Statements were reviewed: A motion was made by Mr. Boyd to approve the May 2012 Financial Statemenc The motion was seconded by Mrs. Thatcher and approved with consensus. Business Manager's Report: •LSB Board Insurance—snore information is needed by the insurance company *Finance Committee Report-The committee met on May 18,2012 After the recommendations by the Finance Committee and because of time constraints the administrative decision to move on the recommendations was made by Eric Boyd the Administrative Assistant on behalf of Director John Thatcher. A motion was made by Ms. Gray to ratify die acceptance of the bid from DJ3 for$8500 to hand clear the bonders of the Kaumana Property. The motion was seconded by Mrs.Ebersole and passed with consensus A motion was made by Mrs. Ebersole m ratify the acceptance of the bid from On The Line Fencing for$70,000 to fence of the perimeter of the Raumana Property. The motion was seconded by Ms. Gray and passed with consensus 15; •� +A motion was made by Ms. Gray atify the acceptance of the bid from Ada( .igineering for$98,125 to do the topography survey of the Kaumana Property, The motion was seconded by Mrs. Ebersole and passed with consensus •Enrollment is 343 —A letter from a parent;who had students on the wait list,was received. It was stated that the £amity moved to the mainland because they could not find a suitable school for their child - they could not get their child in last year at Connections •Student Achievement-We graduated our 5th class of seniors-our largest dans •Electronics policy-policy is unclear and needs work Old Business: -Discussed the Charter School Governor's Task Force Proposed LSB Changes -As of today the Governor has not signed the New Charter School Bill. -Discussed Graduation Requirement Revision New Business- -Annual Adm inistrad"Performance Review A motion was made by Mr Boyd to have the chair, parent aid comrmatfty representatives do the administrative performance review. The motion was seconded by Mis.Ebersole andpawed with oomsensus -LSB Selections Process Review-New members will be seated at the neat meeting *Approval of Substitutes-none to approve • Jnly 2,2012, August 6,2812 and September 14,2.012 AdjonrnLmc=: 5:56 pm Respectfully submitted by Sandra Kelbey, Connections LSB Secretary 152.' Total 783 Pot Plants Recovered in Separate' _ land Raids I Matti Now htip://mauinow.com20,...-j8/04/total-783-pot-plants-recovered-in-se... Weather I Mw4e tistkVs I lobs I Crime StaWics I Pubic Notices I Videos I Big Island Naw r Maui News St Information Hub ro our Home + News Entertainment I Buslness + Surf I Sports I Food I People I Events + Opinion Total 783 Pot Plants Recovered in Separate Big Island Raids August 4th,2011.2 Comments•Maui News Share By Wendy Osher Big island Police recovered a total of 783 marijuana plants and charged two people in separate,unrelated cases this week The first search warrant was served on Monday,August 1,at a pmperty in the Hawaiian Paradise Park subdivision of Puns;the second was served on Tuesday,August 7,at a home in Honoke's. In the Paradise Park incident,dB'icers recovered 188 marijuana plants,most of which were located on adjacent properties.Authorities also recovered seven unregistered firemnt4 and 252 prescription pills consisting of methadone,Diazepam,Hydrocodone and other pharmaceutical drugs. Shorma Soares.Courtesy photo. Officers arrested ares,35,who lives at that address.She was charged with multiple drug offenses including promotion of a dangerous dru .Soares was being held at the Hgo police cellbloek pending her initial court appearance,with bail set at 549,000. Chad A.Soares Sr. y phato. Police are see g Chad A.Soares Sr.,44,in connection with the investigation.He is described as 5-foot-9,weighirig 200 pounds with brown eyes and blackbalding hair. Anyone with information is asked to call the Police Departrnent's non-emergency line at(808)935-331 t."!'ipsters who pre&r to remain anonymous can call Crime Stoppers at 961-8300 in Hilo or 329-8181 in Kona and may be eligible for a reward of up to$1,000. Thomas Sullivan. Courley Photo. In the Honoka'a investigation,police served a search warrant at a home on Kahena Drive.During the search,authorities arrested Thomas Sullivan, 1524 1 _CA �irn inntn r, Total 783 Pot Plants Recovered in Separatt, and Maids I Maui Now http://mauinow.com/2t. j8/04/total-783-pot-plants-recovered-in-se... ' 61,an various drug offenses. Sullivan was being held at the Hilo police cellblock pending his initial court appearance,with bail set at$39,000. In the Honoka'a incident,officers discovered an indoor-outdoor marijuana operation,and recovered 595 marijuana plants,as well as approximately 10 pounds of dry processed marijuana,25.5 grams of marijuana hashish,two uaregistered firearms,a digital scale and indoor growing equipment Both search wwrants were the result of aerial observation and information and tips from the public. Big Island police have Mice-Drug Tip hotlines sel up in which the public can report suspected drug operations, The phone numbers to call are 934-8423 in Hilo or 329-0423 in Kona LIM 10 peq*Mm this.S p Lip to See what yolk f im&1978. Sims Vo Ta Our Wo"Plewtkaer neC011Yr OM Cue M CtaO;�B Related Stories: e Maui FirefiPhter Arre stat Meth Recovered e BREAKING:Police Shooting date—Firearms Recovered • 1$05 Madivana Plants Seized in Kauai Bust - Five Arrested in Ke'd Cockfight - Police Raid Suspected Hilo Gamblini0aerations 7hgs;chad a soarer srl ad sourer hawaiian paradise nark mer Juana-honokea marjivana•marijuana big island•mariivana hawaii•shonna soaresthomas sullivan FAfPAR we ddmd New it m opmr forma and xe xekome any ele-m Nowewr.plains apjply yoiv+pas gfodoha xlxn poslingcoararprtr.reaiar#t rhor are vnnecersarlfy a,�erttlx x71! to blocked By perbllild ng a mounan&yorr are atbawledglag thin yam are persam$'retpow;bla J6e its Comma. 1525 1..FA 1t Jo I�M ] 77 eCrim Record Data Generated: 1110812012 Validation Code: MY7bvX64lN https:llecrim.ehawaii.gov/ahewalval!date.do Search Criteria: Last Name = SOARES ( Sounds Like ) , First Name = CHAD ( First Initial , Sex = Male You have selected a r [a 01 SOARES,CHA Age:46, VII . Total Y ., ',s ' - : ,`�"L. .r- � • . �{i�^..+��:��:-";tiro _ Record Information b.:.. Also Known As r.^ :.,.. , :•,5 : , k V1 SOARES `:`� _ '� yr.,r`: t: . �-"10 ..,_ s •-'�C ;A`;•yD:�; .C,'E:'�._ r .t}.. SOARS SR SOARS SOAR Arres est Agency ssnP Date 1. 12/08 t PD C� 06/22/2001 2. 121081 L= ' =`� ORIM CON TNf' CRT- ��:: ' 05/11/2001 D ��:.• -.; .:� ISO 3. 09106/20 ` I Cl ��" :, 05/11/2001 �� I1ANOR 4. 09/06/2000 `'{ _ .CF11V�C NTMP CRS �..�_ - . „ `. 0612212001 FdIISDEMEANOR 5. 03/07/2000 H - :CQLTME��tyl - ,� y ` � a 06/22/2001 ^cam' L. :�v_o'.ex:.c. .� ?•� .k, k yT1tti''.'ti•��''4�f '� 6, 09103/1998 HAWAI y. : �: T.= k .: UILTY 1210711998 7. 08/27/1997 HAWAII PD vih.� 4 GUILTY 04/15/1998 8. 05/0111996 HAWAII PD CRIM CONT 1P CRT - GUILTY 0611811996 MISDEMEANOR 9.• 03/02/1992 HAWAII PD USE/PL TO KEEP - FELONY CLASS GUILTY 02/26/1992 C 02/07/1991 HAWAII PD CRiM CONTMP CRT - GUILTY 02/0811991 MISDEMEANOR 1 03/05/1987 HAWAII PD BURGLARY 1 - FELONY CLASS B GUILTY 04/20/1987 Para 1 526 WgRGE I OF 11 TOTAL CHARGES e: The charge was CRIMINAL CONTEMPT OF COURT (HRS 710-1077)which is coded as being a MISDEMEANOR. Disposition: On 0612212001, SUBJECT WAS FOUND GUILTY. Sentence: On 0612212001, SUBJECT WAS SENTENCED TO 30 DAY(S) CONFINEMENT. Case No: (no case#) (HILO DISTRICT COURT) Arrest Report No: G-50685 ` Summary of Charges I Top CHARGE 2 OF 11 TOrW Charge: ,' "t:; TFf�3 S 710-1077)which is Disposition: D'r, SUB�ECTrWAS FOUND �a � f¢ Sentence: - X12001, SUBJECT. ASS SENTENCED'T C ,• NFINEMENT 6`MONT (S).�USPFii�{U [ .SLNV. TENCE. J� j • Case No: ���� FFJIrIILC' a`ISTI�I� � O� `)" �' r.•• i. �.._FII 4N•Kgtt... � c Arrest Repo f T•� - -50686 . �' ,� '_` ;�; t ..s :: ; " t ':: Charges I Top s 5. AbARGEOTAL CHARGEXk Charge: The charge vsra ` T OF COURT ( Fa )which is ' •{.. coded as beikigil 4.. Disposition: -' .{,O , s , • + {] Sentence: :Od1, SUBJEAS SENTEI�I - 4 _ '3a - LL FINEMENT. Case No: a` - " FFIE, NILOVIiE OJd : T�}. Arrest Report N : :_' � ..:.� _a._ � r :a �.,:. X74 , �� ary of Charges I Top I�"�.'-.� •ter _ `�'��i.'Y �.�_.�.. H. CHARGE 4 OF 11 Charge: rge/ - IL l RS 710-1077)which is ri 4 ��• el ��� 1 •y. �ti..A� �ys'S \ Disposition: On 06 y B Sentence: On 06/22/200 ; LACED TO 30 DAY(S) CONFINEMENT. Case No: (no case #) (HILO DISTRICT COURT) Arrest Report No: G-4077.2 Summary of Charges I Top 9ARGE 5 OF 11 TOTAL CHARGES Charge: The charge was CRIMINAL CONTEMPT OF COURT (HRS 710-1077) which is coded as being a MISDEMEANOR. Pass 1527 Disposition: On 0612212001, SUBJECT WAS FOUND GUILTY. ence: On 0612212001, SUBJECT WAS SENTENCED TO 30 DAY(S) CONFINEMENT, 6 MONTH(S) SUSPENDED SENTENCE, and 30 DAY(S) CONFINEMENT TIME SUSPENDED. Case No: (no case#) (HILO DISTRICT COURT) Arrest Report No: G-22267 Summary of Charges Top CHARGE 6 OF 11 TOTAL C _06 N- Charge: T- /� � Cf'� � rn T HRS710-1077 which is Charge: _ � tam �.F: • ,..lea. .� ( ) . Disposition: Sentence: ,: JB.IECT WASSE Case No; A. her rlt e".# '(HILO DISTRION COURT) Arrest Report Ng �-_y`xj� ', p, _ !. ;{ ,-„.�„�__. _ '«�;; F;�• i of Charges I Top iL±'#I II))�y+ ' =.l. `�t{r•..� S_:r `1..�YYJLC...t ..�• _ :!,.— Ji'f .�.s ... •.'f Vi is�i”r��1r Y`.`."• y:. CHARGE >" ,,~ T�I1IL CHARGE, =a_M A �. .�4 — :: 4 ,; ; ' -14 Charge: ',. i ' :'The chatg'e wa `F- T OF COURT (Hl, ;t )which is coded as being ��. osition: '� 3 On 04115/1998,,� 8�A '=rt D GUILTY. Sentence: vs'� On 04/1511998ENCED TO$15c` Case No: (noON ` Arrest Repo ,,fir:. •z... ;.,.�, *' : °�: ,1 ,;....j �' .,, ;. , ,§' of Charges Top CHARGE 8 O k ' s.`WA'A " _ _ '� '�. '"- ' Charge: '° -rd-1 t-RT AINAL CONTE VT OF, ,j -•1077)which is dP ngea MISDEMEANOR. Disposition: ats Y Sentence: =E�• "'( - � � S FINE. Case No: C Arrest Report No: E-94956F � 2/1 Y Summary of Charges i Top CHARGE 9 OF 11 TOTAL CHARGES .Charge: The charge was POSSESSION OR USE OF FIREARM IN THE COMMISSIO OF A FELONY; PLACE TO KEEP FIREARMS; LOADED FIREARMS; PENAL (HRS 134-0006)which is coded as being a FELONY CLASS C. 'sposition: Page 1528 Sentence: On 0810411992, SUBJECT WAS SENTENCED; O 1 YEAR(S) CONFINEMENT and 5 YEAR(S) PROBATION. lie No: CR92-0044 (HAWAII CIRCUIT COURT) Arrest Report No: D-27828 Summary of Charges I Top CHARGE 10 OF 11 TOTAL CHARGES Charge: The charge w OF COURT (HRS 710-1077) which is coded a =. Disposition: OUC'. Sentence; 4. UI = 'IflI +' Y(S) CONFINEMENT, p �.. :R p r,.. CONCURRENTLY, "YEAR(S}- and 25 DAY(S) - NT TIME SUSPENDED: Case No: _ , #) (KONA DISTRICT COURT) Arrest Reporttr t " w � ` `'y ,•% _ S � of Charges (Top 00 CHARGE AL t �A Liciposition: �d t� �'` On 04/20/1987, a GUILTY, " "`' On b5/2�/19$7 =jENCED TO YES INEMENT Sentence: _ 3 r�. , ., * <• an _ t' Case No: GR AW Arrest Report 347Y ;..:.:.. r ,,.R_r i:3 wf�`',C.-,{ • . . ".'.._. _ .iFa =.3` �`� ry of Charges {Top IMPORTANT: .; mk�etl.xs phased upon thfiZsoriptiyj u have provided. Therefore it is yo f •s t refull ver; the Informatio ' �Y y verify i �� •'' ' -� ch it against your search criteria. Furth ~x. lmited,to conv[ ion, } o cases in which the ri is;;:1 a/•'1�.�i .� .. -o defendant is acquitte , ' l 'I " ' al disease, disorder or defect, under chapter 7 ` stI' ata Center and does not include data maintained by ta '' Because the criminal history re _ 3 j " :: _ �- w criminal history record check should be obtained for each subse u made to insure the accuracy of this information. Any disputes should be address E the Hawaii Criminal Justice Data Center. This eCrim record has a unique validation number located on the top of the report. Records can be validated for up to sixty days from the date of purchase by visiting (free of charge) the validation service (https:llecrim.ehawaii.gov/ahewa/validate.do) and enter the validation number in the appropriate box. page 1529 Operation's Report • Administrator's Report o Current enrollment: 348 o Weighted Student Formula: Action Taken-- Ms.Wines made a motion to not participate in the weighted school formula- Mr. Summers seconded the motion and it was approved with consensus. o Substance Abuse Policy for our employees: Action Taken: Ms. Antilla made a motion to accept the Drug Free Workplace Act 1988 with amendments. Ms. Wines seconded the motion and it was approved with consensus Further discussion: a criminal history record, employment history, and background checks should be conducted; any one in close proximity of children shall be of responsible and reputable character; Action Taken: Ms. Cantu.made a motion to include the above items for employees. Mr. Summers seconded the motion and it was approved with consensus AML Ip o Teacher Evaluations through their professional portfolio: Mr. Thatcher will be bringing the teacher evaluations to the board. Those teachers with unacceptable scores will be put on probation during the next school year. o Mr. Thatcher received a letter from Erika Boyd of our food service program—asking for an extension of the loan. CPCS gave an advance since they were starting their first year of food service for Connections. • Business Manager's Report o Financial Statement: over expended in Instructional Supplies; o Ms. Kenley and Ms. Antilla will be working on a proposed for next school year. Categories to be added include: Property Management, Graduation, Senior Projects, and Post-secondary Instructional Expense. Action Taken: Ms. Wines made a motion to approve the financial statements. Mr. Summers seconded the motion and it was approved with consensus, 1530 HAWAII COUNTY POLICE DEPARTMENT 2012 BURGLARY REPORT FOR KAUMANA AREA MAR 5 APR 3 MAY 3 JUN 8 JUL 3 AUG 8 SEP 3 OCT 1 1531 OUT"t; Wednesday,lune 9,1999 Th `Walking crime wave' implicates himself in attack By Crystal Kua Star-Bulletin A" Prison inmate Frank Pauline Jr. told police in 1994 that he was there when two brothers fatally attacked Dana Ireland. Pauline also told police he hit Ireland over the head with a tine iron. Two yem later,Pauline said he wasn't there alter all. Paudine is charged with second-degree murder, kidnapping and sexual assault in the Dec. 24, 1991, attack on the 23-yeas-old bicyclist_ Ireland was nm down by a vehicle on the road leading to Vacationland in Kapoho. She was abducted from that spot, beaten, raped and then left for dead in the Puna subdivision of Waawaa. Prosecutors are expected to try to show that Pauline was telling the truth the first time, when he said he was there and participated in the attack on Ireland The defense says Pauline didn't do it,and will try to show that prosecutors were under public pressure to charge someone,especially given that the statute of limitations on the sexual assault and kidnapping charges was about to run out in the case. 1532 :may.. .rgTvr By Rod's,stars-Mefm Pauline leaves court on July 31, 1.997,after pleading not guilty to killing Ireland. Frank Raymond Pauline Jr.was born April 27, 1973,in Fremont,Calif., the son of Frank Sr. and Patricia, who now live in Mountain View,Hawaii_At the time Ireland was killed,the Pauriines lived in a Puna subdivision a few miles from where she was dumped. Pauline has three young sons, two of whom am twins,and several brothers and sisters. Pauline's credibility has been a problem before.In 1993 he was behind bars unable to post bail. A Circuit Court,judge released him to attend a funeral on OcL 27 of that year. But the funeral had been held the day before,and Pauline didn't return to jail when he was supposed to. In February 1994 he was sentenced to 10 years in prison for sexual assault, robbery and criminal trespass.The sexual assault conviction stemmed from a 1993 rape involving a woman acquaintance. Because of the multitude of crimes on which he was sentenced,prosecutors dubbed him a "walking crime wave"at that sentencing hearing. 1533 After the hearing,Pauline u( 'up to his new nickname--he walk( )ut of the courtroom before he was taken into custody to start his prison term. Classified as a fugitive,he was recaptured in Honolulu a few days later. Court documents filed at the time painted him as a man with a drug problem who was so stoned that he couldn't always remember committing crimes. Pauline admitted to using c ocaWe every other day,drinking cases of beer and smoking marijuana, according to court documents, "Coke is more of a problem than weed is,"Pauline told a social worker writing a bail study on him. Pauline's prison term began at the Halawa Correctional Facility. hree months after Pauline was sentenced,his brother John Gonsalves went to authorities and told them.Pauline had"information on the Ireland case. Gonsalves,who at the time was awaiting trial on drug charges,would make a deal with prosecutors to testify against his brother. NBC Iffkawaii News 8 Pauline in court recently. Big Island police on June 1, 19K traveled to Honolulu to meet with Pauline, but he told them he wanted to wait a few days before deciding whether to tally The meeting lasted 20 minutes. Big fsland police flew back to Oahu on June 18 and interviewed Pauline for 90 minutes.They took him back to the Big Island,where he led them on a reconstruction of the crime,taking detectives to the places he talked about. Pauline told Detective Steven Guillermo that brothers Albert Fan and Shawn Schweitzer picked him up in a purple Volkswagen at his house on Dec. 24, 1991. Ian Schweitzer was driving, Pauline told police. The trio stopped to smoke cocaine before they saw a woman standing on the side of the road, Pauline said in his statement The driver accelerated,hit the woman then stopped, got out and put her in the trunk.They drove to a place with a lot of junk cats, raped her, and hit her with a tire 1 � iron, he told police. j r She was dumped in some bushes on the side of the road in Waawaa. After Pauline began talking to police,he was transferred to Maui Community Correctional Center for his protection. Later in 1994, in apparent frustration and suspicion#hat police might paint the finger at him in the Ireland case,Pauline went to the media with his story_ Prison officials transferred Pauline from Maui hack to Halawa in May 1995 bemuse he was a "management problem" and because of threats from other inmates,prison officials said at the time. While at Haiawa, Pauline said prison guards there beat and sexually assaulted him. His allegations came at a time when other prisoners were making similar statements. In a 1995 interview, Pauline's mother said he had a tendency to lie or exaggerate, but she believed her son's allegations about the guards were true. Prison officials said they could not substantiate his abuse claims. After making accusations against Halawa guards,Pauline was transferred to the Oahu Community Correctional Center. He Iater filed a lawsuit against the state,alleging civil rights violations in connection with the abuse allegations. gdftkIn 1996, Pauline recanted his statement about the Ireland murder. He said he wasn't there during the attack,but had information on,who was resp msible.He said he told police he was present because "that's the only way they were going to listen to me_" In the meantime,Pauline has been indicted on new sexual assault charges unrelated to the Ireland case. Trial is scheduled for November. A Circuit Corot judge in October 1996 called Pauline "unreliable"in denying his request to commute his 10--year prison term into probation. Pauline told the judge he was a changed man. '"'The time I have spent in prison bas truly impacted my life as well as my(family's). I realize now how important and beautiful life can be being a good,law-abiding citizen,and a good father to my three sons,"Pauline said in a letter to the judge. The Pauline confession Excerpts from the June 19, 1994, statement of Frank Raymond Pauline Jr. in the murder investigation of Dana Ireland. The interview was held at the Hawaii County Police Department in Hilo,Hawaii.Pauline has changed his story several times and has since recanted his confession: 1535 Pauline� I he was with Albert Ian and Shay Schweitzer in a Volkswagen Beetle! 'Rre came out by an intersection gouig towards Kapoho and that's where we saw a girl standing up.As we were going past, my friend Ian looked towards the side and he said, bio,look at that girl.'Then we continued to go forward down the road." Pauline said they turned around because Ian wanted to talk to the woman. "Then we headed back and he was going faster and I was telling him for slow down About 44-45 miles per hour because I looked at the speedometer.And then he just kept on going towards the girl.The next thing I knew I felt like going over a speed bump real fast. How many times we went over?About I would say roughly two times ... going forward and reversing." He said they stopped and the Schweitzers got out and loaded the woman into the trunk,located in front of the vehicle. They starting driving again, but stopped several times after that, once in an area with a lot of junk cars. "Then we carried the body out We laid um down and sbe was still alive. She neva say nothing.Neva really act like she had been hurt.Thea lan Schweitzer wen' end up having sex with her...it lasted for a short while. Maybe like couple seconds. Four-five seconds." Pauline said he refused to have seg with the woman. 'Told him I neva like.And at the same time when he was having sex I was just kinda enjoying watching I guess was cause of the drugs." Pauline said "she had blood coming out of her eyes,her mouth and her nose" He said at Ian's urging he found a tire iron.and struck the woman "to make sure I killed her." "So I wen'swing all the way back and I wen'hit her on the head ... then I dropped the bar and i went towards the bug on the driver side. I remained outside it.I was feeling sick and I told Ian I cannot do this so he wen'head back to her and I guess he wen'do um." Pauline said the brothers returned to the car,closed the trunk and the three men drove away. "We headed back towards Hawaiian Beaches through the back roads. Then is we made several stops to smoke cocaine again.And as we stopped Ian Schweitzer kept going back towards the front of the bug to make sure the body was dead.. Just to check 1536 on the qty 'r f Pauline said he made the statement of his own free will; he was not coerced or promised anything and he was not under the influence of drugs or alcohol.He signed the statement at 7:51 a.m. Rod the full tra nibt_P1 Ids,e4fk&tm A Frank PauR ne's criminal retard Frank Raymond Pauline Jr. has a record dating back to when he was 9 years old: *Age: 26 *Date of birth: April 27, 1973 *Residence: Incarcerated at Oahu Criminal Correction Center. *Home district: Pana AMMIL PENDING CHARGES it Second-degree murder, second-degree sexual assault and kidnapping in the Dana Ireland case.Trial scheduled to start July 19. *First- and second-degree sexual assault in an unrelated case. Trial scheduled for Nov. 15. XENILE RECORD offense Date Resalutfan pate resolved First-degree burglary Feb. 8, 1983 Protective supervision April 11, 1984 First--degree orimina1 trespass Nov. 22, 1983 counseling Jan. 27, 1984 second-degree assault Nov. 16, 1990 Probation March 5■ 1991 second-degree terroristic threatening Third-degree assault March 18, 1991 Probation, 30 days, Youth Corr. Sept. 25, 1991 Third-degree assault April 24, 1991 Probation, 30 days, Youth cosy. Sept, 25, 1991 No n0-fault insurance may 28,1991 Not available, Third-degree assault Sept. 25, 1991 Not available No no-fault insurance Nov. 17, 1991 Not available Juvenile status terminated Sept.30, 1992 ADULT CONVICTIONS AUL qW Offense Sentence conviction Date Accident involving death/injury Year on probation, one day in jail Jan. 12, 1993 Driving without a license $75 fine Jan. 12, 1993 No motorcycle insurance $100 fine Jan. 12, 1993 Criminal contempt of court Year on probation, one day in jail Feb. 18, 1993 1534 criminal contempt of co and driving without a 1,I .e 10 days in jell .1duly 16, 1993 Second-degree sexual assault 10 years in prison Feb. 8, 1994 Second-degree theft 5 years in prison Second-degree criminal trespass 1 year in prison all three terms run concurrently AAA courtesy of John and Louise Xreland 3-year-old Dana on the patio of the Irelands'home in Springfield,Va. I Al 'a E FIAT ales v.fune 8 Blurred through the years is the real Damn She lives on,though- beaut&d,shy,kind--in the memories of those who knew her.The innocent.The indicted.Anatomy of a murder.The what and where of the attack.Who's whom the Dana Ireland tragedy. yZ�esdaJune 9 ,r►Help came too late for Dana Ireland.From the moment she was hit by her attackers'car until the time an ambdance reached her,more than two hours passed Here's how minutes--and a life-were lost.. I—InaL Jae 10 l Life has gone on since She Dec.24, 1991,attack Memories have faded.Witnesses have scattered But each twist and tum in the seven- year bid to bring to justice those responsible means fresh injury,not only to Dana's family but to witnesses whose lives have been put on hold by this on-again,off-again rase. No Frames: 2:ues ft,Jane 81 Wednesday,Ame 4 I J�iusday,June 1Q 1538 f f �buail to C�tv I3e�k . .. Text Site Dfrectury: .. .. _ . ew [Budscas7 r n ]Mg=W.MdfMda[Do ft-Weddell 14 MW AdsI 1 °L�T URN aAlfer to 909d MWebooYcl Wged ei[1 ®1999 Honolulu Star-Bulletin ktt�:llarcltiyes,�tar1�3���-coFiL 1539 H r r \ eCrim Record Data Generated: 1110112012 Validation Code: AFSPzDvR2RLg.Z https://ecrim.ehawaii.gov/ahewaNalidate.do Search Criteria: Last Name = RE IS ( Sounds Like } , First Name= NICK ( f=irst Initial } , Sex = Male You have selected a r rW i�_ i,, .0i o: REIS,NICK A Age: 47, 1 ; 9 - Total r:, .. ' iii-' ''�'h�•F'1.`� { � '.a-. �'�� Y ,., ��ry� r ��� ��" i l..: ,`,g�h 1 6yjFyiCT.•�?•; � k - f rti -• r . ,,.rte""" T�F-7 *�,. Record in Also Kno ,}:, - � � awma Arres t Agency/ Date 1. 12103 ' 1 PD;r A +" :� i GO 5102/2007 2. 06119 ,1 PD CG 07/01/1987 CHARGE 1 . CFRf ES Charge: `-_' . "=` '.�char `enretas`'~ AUR �Q = wh eing a PETTY . g. . .�', � ii �.,,,,. • ,.:ref e,Y;.i.,, ,�"" i� . Disposition: - _ 007;S09;IEC1 WAS FCS ,CL1 _ .. Sentence: x�; ; y,SUBJFCT WAS-SE ,. . Case No: 0 � sAM f�' ryR• , ' ,�' Arrest Report No: C 3'1,r? s I,�7, in`x �r� Summary of Charges [Top W. CHARGE 2 OF 2 TOTAL CHARGES Charge: The charge was CRIMINAL CONTEMPT OF COURT (HRS 710-1077)which is coded as being a MISDEMEANOR. Dispositlon: On 07/0111987, SUBJECT WAS FOUND GUILTY. eence* On 0710111987, SUBJECT WAS SENTENCED TO $25 FINE SUSPENDED and 6 MONTH(S) SUSPENDED SENTENCE, Case No: C-62807 (HILO DISTRICT COURT) Page 1 540 s Arrest Report No: C-62807 S6mmary of Charges I Top IMPORTANT: The information furnished is based upon the descriptive information you have provided. Therefore it is your responsibility to carefully verify the information returned and match it against your search criteria. Furthermore, the search is limited to conviction data and data relating to cases in which the defendant is acquitted, or. charges are dismissed, by reason of physical or mental disease, disorder or defect, under chapter 704, HRS, as maintained by the Hawaii Criminal Justice Data Center and does not include data maintained by the FBI or other states. Because the criminal history records s drtdianew criminal history record check should be obtained for each s ®:' to insure the accuracy of this information. Any disputes sho ] e' it, f "` rminal Justice Data Center. This eCrim recordhas a + '= i` � �: :,. report. Records can be validated for up to si - rd .' 'c.as, itii the validation service (https:llecrim.ehawaii a 'aaim to propriate box. x= '� sti alv-pyY ,•: -.-. - � ..-�+.g�'�,�'4' .a `.IA :. f. l.rr j''� .; •, .. � . . .A Cyt ¢`��y� ' -" Y;_ VA.,.�.- - "�.,,�,��QP' •� K� J, tz -%;!'7.1, 21 i't e �- ltc,{y;` 'n.3s4�eSt ;';A�-x � ;�• av�• ,+, y. Pap ''^F'' y 1541 w eGrim Record Data Generated: 11101/2012 Validation Code: DBJ-zW-R2RLg.W https:llecrim.ehawaii.gov/ahewa/validate.do Search Criteria: Last Name =THATCHER ( Sounds Like ) , First Name = .JUSTIN ( First Initial ) , Sex= Male You have selected a r ;&bplpg. o: THATCHER,JU K , Age: 33, ' R ' R '' Total G � '�: .� ,r - - v awe 19 res`t �..iw d psi-YK „ ':':''['~ ;'h4 lc mak t- " i �,wl ♦.tl.r 'iiy�k 2�7- `A 4 Record Inf Also Kno ; ��Ys+FH' G/aini}f3��j+ � 1' ��:� •'•t.�ir'q�[�.K�lr�,jyv . THATC :INK'.' ILLIAM Arres est Agency (' ?x �.I I -Yiar '' l]i Date . 'err �. i vz°Si 'kra►'.: "'r 1. 02115 IJ PD Q , : _ l; _ rt MISO GIr 0211112009 2. 021151 t.A y N 021'11/2009 3. 02/151PC `= ' "'-:;`IMV NO-FAUL NS -VIQLA@Wml 0211912009 4. 1012612 D �"` �VI01.1T�yRlR � '"`'� t- 11/07/2007 5. �2127�2aa wIiCIsa' r; 02-/20/2008 6. 1212712006 TIR EAT 2 - IIISD€IAN. 02/20/2008 CHARGE 1 OF 6 l: r ` .E '' •-.' Y,.raw '.e'7c a .r .�F:. '� � a. Charge: ? ,'1�E1 INFLUENCE OF AN I „ cY ing a PETTY MISD. W. . Disposition: On Sentence: On 02/11120 CIT}" ..` CED TO 30 CRIM INJ COMP FEE, 72 HOUR(S) COMMU RVICE, 6 MONTH(S) DRIVER'S LICENSE SUSPENDED, and $500 FINE. Case No: 3DTA-08-02439 (HILO DISTRICT COURT) Arrest Report No: C08012802 Summary of Charges I Top Page 1 542 + ' f V CHARGE 2 OF 6 TOTAL CHARGES Orge: The charge was DWOL-LICENSING (HRS 286-0102) which is coded as being a MISDEMEANOR. Disposition: On 0211112009, SUBJECT WAS FOUND GUILTY, Sentence: On 0211112009, SUBJECT WAS SENTENCED TO $30 CRIM INJ COMP FEE and 11 HOUR(S) COMMUNITY SERVICE. Case No; 3DTA 08-02439 (HILL S ItiR C COURT) Arrest Report No: C080128 41 � `` ;` ,' � yryr i R R y r { i t' aS `Itr1 5' RSr 4 4 r �5' �- s " . Summary of Charges I Top { x2%t }�v L, tit:v�F�y, r` �.. � �� CHARGE 3 OF 6 T � 4R ,�, ��yy y dd ,•; - rNra�y 4at�a � �f 0_4 r Js ,�ca• Charge. ihaFe�a? rOEA1'IONIR'�V �' Fyl VEH. NO-FAULT � `, k F `.4 Tl0C104) which is coded aT.Rl�r�,�?1f�0;I � 19`2009, SUBJECT.INAS FOUND GUIL,T4rs Disposition: x� �. Sentence; t " }2/ .11200 ;..SUBJECI S:SENYENCED Sk TQ 7a; OMMUNITY x.040,WURT O ,yarld 9p DAY(S t DRl ;.E �k r Case No: :�SDTA-08=0243 IQlil�I 4e0URT) n ty 0tryArre,st Repo 08012805 !re ` •'e et F-,'�s�i.'JS .- Charges I Top CHARGE 3. lTAL CHARGE '� �$ Charge: j Thi "goa pCl - SOF qL ON i A1: 40007.2) ZED Disposition: � � �Ja �';? -On 1d7-/ �Q7, SUBJEC.T.1NA RE-SENE11b • B, .t% r rc f Case No: «� `06-1- 52 (HA111f,Air FAI�III�.Y�ODU�iT)�;=r��� <... n Arrest Report Nod°� ,fiC3470'2 , ^.T„-_:,. � � -' `, Y s � R .� mart'ofCharges lTop '�,1��'���1�� 2`tl`�'1�..9,'�a".r•��� t .. ,. � �` k�'4''Lif "+z�jx- }r��f1� CHARGE 5 OF fi TOfi7�' `' AGE sc y N.t4"slFt;y; Charge: 00`�`e44 .NO 1�B�i�E�OF�F� F4O��S�i� S�, EMBER (HRS 709-0906) fri#".V7. •r.�1 1:'=.%.�urs '.r ,Ar y,35utw t;�• whid " E .tit t ' Disposition, On 021201 T ;, ; �"U LTY. Sentence: On 0212012008, SUBEENTENCED TO 30 DAY(S) CONFINEMENT, to run CONCURRENTLY, 2 YEAR(S) PROBATION, to run CONCURRENTLY, and 15 DAY(S) SUSPENDED SENTENCE. Case No: FC06-1-0527 (HAWAII FAMILY COURT) st Report No: C06040480 Summary of Charges I Top Page 1543 L _ i' CHARGE 6 OF 6 TOTAL CHARGES Orge: The charge was TERRORISTIC THREATENING 2 (HRS 707-0717)which is coded as being a MISDEMEANOR. Disposition: On 0212012008, SUBJECT WAS FOUND GUILTY. Sentence: On 0212012008, SUBJECT WAS SENTENCED TO 30 DAY(S)CONFINEMENT, to run CONCURRENTLY, 1 YEAR(S) PROBATION, to run CONCURRENTLY, and 15 DAY(S) SUSPENDED SENTENCE. Case No: FC06-1-05 l Arrest Report No: C06 Summary of Charges Top * IMPORTANT: The irF-�"`� s ;�t��- � upca, hcl 'cr� iii n you have provided. Therefore it is your ' # rr .!FY"ven .;the-.�r� o;: gtjo # 'r '_ :'atch it against your ` a `� � cases in which the search criteria. Fu b I c.i isimited to convictiorrc�a`a, rc LY N, ; I �,, Yr. defendant is a i Q. . ai<e dismissed, by►� reason of pliysea ase, disorder or defect, under c � :°.as maintaned,by t6l HawaitCriminal'Jus� ,c rand does not include data 'd�i, tF�Bt,or oth6r44tes: k s Because the } a soy: reco�ids�rare cons tifl l���rig"'updated;,a new cn: rl� record check should be ' Y�tid�fr�ech sulsquent ;case EVE; �fftlr# is "Irrtatle=.. to ids _ racy of this information ( should 13e'_addre : he Hawaii'-Crimina�# a Center. This eCrim unique 'valldati the top,.of the. rds can be validated f d ,days from the da w psi#ng (free of charge tion service s:llecd Vlahewa/validated an Vtjiation number in tti r p; box. T Poo �n x ' ,,,,_ •• ..:" ':.rte��„w ,`�. r`9hrs-yySlh' _�M1 fry, w=,�:� � '. •'''�_' ".ter='"-t;�'' �J 5 �7��iy��Wi ' tl S L7�v2 � It � 4df +t S'� �• ,rr 5+. } w. y 'E.T•�n r ., -33.a. '.xs'4r5-6 �i ro: -•� r 4ti L .!'r Y TL .1.L.,+�k'''' �er'iy A,.�� ktr �p2 r'y sgJY�t l�rt. `•t'F ,t�-•,ih{ n _ Al . :tai`xg�S.w•.Y AMk 'W f Page 'A of q 1544 RECORD OF VOTING WINDWARD PLANNING COMMISSION COUNTY OF HAWAII DATE: November 9. 2012 APPLICANT: connections/CBESS SPP 12-00013$ ACTION: OVER SECONDS APPROVE AS RECOMMENDED BY PLANNING DIRECTOR tkC, 0­6 APPROVE WITH AMENDME ,TS i L, Z0 rd ~� O DENY O CONTINUEMEFER O OTHER(REMARKS COMMISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT AU,Dean GONZALES,Ronald ISHIBASIII,Wallace MOSES,Raylene ONO,Stephen KERN,Zendo (Chair) 1545 RECORD OF VOTING WINDWARD PLANNING COMMISSION COUNTY OF HAWAII DATE: (t 6/12, APPLICANT: ACTION: MOVED A V _ SECOND a ti[7 0 APPROVE AS RECOMMENDED BY PLANNING DIRECTOR l O APPROVE WITH AMENDMENTS 0 DENY 1 CONTI IDE E L 4)cf4LWCL 'f i4 to 12 jj c� w f 0 orad , ` . . M � 116 COMIVIISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT AU,Dean GONZALES,Ronald ISHIBASM,Wallace MOSES,Raylene ONO,Stephen KERN,Zendo (Chair) 1546 PLANNING COMMISSION COUNTY OF HAWAPI HEARING TRANSCRIPT NOVEMBER 9,201.2 A regularly advertised hearing on the application of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/CRESS (SPP 12-138)was called to order at 9:45 a.m.in the County ofHawai`i Aupuni Center Conference Room, 101 Pauahi Street,Hilo,Hawaii,with Charman Zendo Kern presiding. COMMISSIONERS PRESENT: Zendo Kern,Dean Au,Ronald Gonzales,Raylene Moses and Stephen Ono STAFF PRESENT. Ivan Torigoe (Deputy Corporation Counsel),B.J.Leithead Todd(Planning Director),Daryn Arai(Planning Program Manager), Phyllis Fujimoto (Staff Pleamer), Maija Cottle(Staff Planner),Jeff Darrow(Staff Planner), Sarah Hata-Finley(Staff—left at 11:45 a.m.) and Sharon Nomura(Secretary) ABSENT AND EXCUSED: Wallace Ishibashi And approximate 180 people from the public in attendance. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL /CBESS (SPP 12-135) Application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana,South Hilo,Hawaii,TMK: 2-5-006:141. KERN: Next is applicant Connections New Century Public Charter School. Application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land located on TMK:2-5-006:141. With that we will go to staff presentation. Jeff, good morning. DARROW: Thank you,Mr. Chairman. If I can direct your attention to our presentation,our next applicant is Connections Now Century Public Charter Scbool/CBESS. The area of this application is within the South Hilo District. More specifically we're looking in the Kaurnana area. The subject property is identified with a black outline. It actually consists of two separate parcels being split by Edita Street. For reference, this white line running through the middle of the map is Puainako Street Extension, This line running in a northeast/southwest direction is Kaomana Drive, The subject property accesses from Kaiunana Drive onto Edita Street. For access, we'll come in on a closer view here so we can have a closer reference. Again,we have Kaumana Drive on the upper poition of the map,Puainako Street Extension on the lower portion of the map. The subject property is identified with a black outline. The colors on the map, 1 1547 again,represent the different zonings of the area. The green shaded area is Agricultural 1 acre, which encompasses the subject property. You'll see different other colors. The dark blue represents Agricultural 10 acres, dark green Agricultural 20 acres. The Iight and darker shaded yellow represents Single Family Residential zoning. For reference again,we also have the Pacific Plantation Subdivision in this general location,the access through Edita Steet onto Mele Manu Street. This is the State Land Use Boundary Map which identifies the different State Land Use Designations. There are two identified on this snap. The green represents Agricultural zoning and the pink represents Urban State Land Use Designation. This is the General Plan land Use Pattern Allocation Guide Map for the area. The yellow represents Low Density Urban. The orange shaded area represents Rural and the lighter green represents Important Agricultural Land. The subject property is located within the Low Density Urban General Plan designation. This is an aerial photo, Again, we have Karimana Drive on the upper portion of the map. We have Puainako Extension on the lower portion. We have Pacific Plantation Subdivision identified in this general area, and the subject property identified with the black line,black outline. Currently it's vacant,undeveloped,except for fencing that has been recently placed in. You'll also notice that along Kaumana Drive and Edita Street you do have single family residential uses occurring. The applicant is requesting a Special Permit to develop a K to 12 charter school campus,with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The request is for a new academic campus which will accommodate an elementary,intermediate, and high school and common facilities that would support these programs. The subject property is divided by Edit&Street and includes what is referred to as the "lower parcel" and the"upper parcel". All major school facilities will be located on the lower parcel. The applicant is proposing to design and:construct the project in nine phases. The entire project is projected to be completed within 16 to 25 years. The reason for the request is to consolidate their academic programs at a single location and provide facilities, and support the goals and visions of the school. The lower parcel will consist of the major school facilities. And these will include the elementary,intermediate and high school classroom buildings,the administrative center,the Iibrary and resource center, the kitchen and dining facility, a gymnasium and multi-purpose building, green/shade houses, a 6-horse barn, a maintenance building, a 30-person dormitory, a caretaker's residence, and a small facility to house the intergenerational program. These facilities would support a projected 157 elementary students, 107 intennediate students, 107 high school students,for a total of 381 K through 12 students,as well as 25 intergenerational clients. The dormitory would serve a maximum of 30 students. These buildings will be single story in height. There will be two parking lots (main and secondary) with a total of 140 parking stalls. 2 1548 0 This is the lower parcel site plan submitted by the applicant. dust for reference, everything that is proposed to be constructed is going to be on this lower parcel. The only thing on the upper parcel that will be constructed is a walkway for viewing. So the intermediate,elementary and high school facilities,the gymnasium,the administrative center, the parking areas, everything, will be located on the lower parcel. So this would be, as you're coming in off Edita Street,it would be on the left side on the lower parcel. This is a rendering of the lower parcel that was submitted with the application. So this kind of gives you an idea again. All facilities are proposed to be one story in height. These are some elevations that were submitted. You have the library and cafeteria,again,just showing the different elevations, again one story. T won't go into great detail on these. These are the intermediate school classrooms, some of the different buildings, elementary buildings. The upper parcel will consist of,no major school facilities constructed on the upper parcel. A walkway is the only structure being ptoposed, which will provide access and viewing opportunities within the 'oh'ia forest. The walkway would he elevated on posts roughly 4 to 5 feet above grade. Connections intends to use this land areato support a future- forestry/cons ervation utureforestry/conservation program, which focuses on forest resource management and conservation, and forest ecosystem restoration. This is a site plan of the upperparcel. You'll also notice this light gray shaded area,that is the Kaamana Cave that is located under the lower parcel. There is a 100-foot buffer proposed for Kaumana Cave, The walkway is identified in this general location, The lower parcel would be over in this area. You can see Kaftana Cave extending across Edits Street; and it touches the lower portion of the lower parcel,but not where any of the facilities are planned. And, again, even on the lower parcel there is a 100-foot buffer. This is an elevation of the walkways so you can see what it is. You can see it on the bottom portion of the map as well. Days and hours of operation: Weekday hours for the school and administration are from 7:00 a.m. to 5:30 p.m. More specifically,the elementary and intermediate instructional hours are from 7:30 a.m.to 2:00 p.m.,Monday through Thursday, and frorn 7:30 a.m. to 1:00 p.m. on Friday. The high school's instructional hours are fmm 7:45 a.m.to 2:15 p.m.,Monday through Thursday,and from 7:45 a.m. to 1:15 p.m.on Friday. There may be some limited extra- curricular activities;however, events such as dances and graduation would occur off-site. Weekend activities connected to the agricultural program may be conducted. Again, this kind of shows you the Kaumana Cave under the upper parcel, as well as touching a portion of the lower parcel, and a 100-foot buffer that is proposed to be there. These are some site photos. This is on Kafimana Drive looking mauka. Edita Street would be on your left. This is on Kaumana Drive looking makai, oh, I'm sorry, Edita would be on your right side, This is on Edita looking towards your east, yeah,towards KaRmana Drive. And you can see that there is a designated left-turn lane and right-turn lane off Edita onto Kaumana. This is on Edita Street, 3 1549 again looking towards Kafimana, although you cannot see it. The subject property is on the right side of the map and you have a drainage ditch that's in place on the left side. And this is the upper parcel and the lower parcel identified. You can also observe the wide shoulders in this particular area. Again,this is a little further towards Kai mana so that we could show you how the shoulders have changed on Edita. So when the Police were commenting in regards to the unsafe shoulders, this was the area that they were referring to. It gets muddy and that sort of thing. This is the subject property looking straight on from Edita Street. This is looking toward Mele Manu Street on Edita. Again,the subject property would be on the left side and the right side. And you can get a pretty good picture of what the drainage ditch looks like on the right side. The Planning Director is recommending that the Planning Con nnission send a favorable recommendation to the State Land Use Commission. The Planning Commission is not the final say in this particular application. Because it's over 15 acres it proceeds on to the State Land Use Commission. I do have a few more items to share. Since this application was submitted to the Planning Commission with the background and recommendation,you'lI notice that on the background we had said that the Planning Department had not received any Ietters of support or opposition at that time. Since that time we've received quite a number of letters of both support and opposition for the project. 1'd like to bring to your attention three items that are different than letters of support or opposition. One is submitted from the applicant's representative dated November 2°d; and this is a document that goes in great detail regarding the lease. And the applicant's representative will speak in regards to this. Additionally the applicant's representative had submitted a press release. I don't have the, I'm not sure what happened to that,it was right here. But that was in regards to some activities that were occurring, so that was submitted. There were some,my understanding,like stickers placed on the school property and stuff. Lastly we had been called to the property in regards to the drywell that's fronting,that's near the subject property. And there was a concern that maybe Kaumana Cave was also going under this particular area where the drywell was and then coming under Edita towards the lower campus, which would place it pretty close near where these facilities would be. This letter that's from Pacific Basin Hawaii Island,I don't see a date but it was received November 7`6. So you should have it pretty close to the top. And it's titled"The Kaumana Lava Tube Complex,"and it goes into detail in regards to his investigation in regards to that cave that they investigated within the drywell. We do have several representatives here today. We have a representative from the Department of Water Supply,we have several representatives from the Department of Public Works regarding any traffic concern, as well as a possible representative from the Department of Land and Natural Resources - State Historic Preservation Division. She had mentioned that she might be a little late because of a previous engagement for a meeting. 4 1550 0 0 Lastly,the Planning Department has submitted a revised recommendation which is in yellow and also a revised set of conditions which is in green; and those have been handed out to the Commission. With that,that concludes our presentation. Are there any questions? KERN: Thank you, Jeff. Any questions for staff? Madam Director. LEITHEAD TODD: I did want to add a couple of things just for purposes of information. The way this works,because it is more than 15 acres,is the County Planning Commission either makes a favorable or unfavorable recommendation. If it is an unfavorable recommendation, then it does not proceed and go to the State Land Use Commission. If it is a favorable recommendation, it is then sent forward to the State Land Use Commission, which then makes a determination as to whether to approve the special permit or not. So the role of the Planning Commission is basically to make a recommendation. And depending on the nature of the recommendation either in favor or against the application,then this either terminates at the County level or it proceeds to the State level,which is why some of you may have discovered that there is no contested case process at the County level for this application; and that's because the role of the Planning Commission is just to make a recommendation to the State. KERN: Thank you, Madam Director, Commissioner Au? AU: Can I ask staff question? KERN: Yes, AU: Can you go back to the first map,I just want to see the very first map. Okay,can you let us know where Regency is. We just passed Regency. Where exactly is it located in regards to this proposed development? DARROW: Let me go back to that. It may take me a minute here. I was trying to prepare for that,but you caught me off guard. I put the more, the closer up view. Okay,so,let's see,Maija you might be able to help me out better here. KERN: Down there is a pie shaped, yeah,pie-shaped lot. AU: Okay. And we have several schools in that area as well. So can you show me where-7 KERN: De Silva School? AU: De Silva School and that other school asp above? DARROW: De Silva,I'm not,De Silva School should be just in this general location. LEITHEAD TODD; No,no,no. That's Kaumana. DARROW. Oh,that's Ka0mana. 5 LEITHEAD TODD: De Silva is off of Ainako. DARROW: Okay,okay. De Silva School is on Ainako Street; and that's in that location right near the intersection of Mohouh and Ainako. AU: Okay, and then there's also another school as well, right? LEITHEAD TODD: Kadmana is above there. DARROW: Yes. So that's just above Kawmsna Cave on the mauka portion of the road. AU: Okay,thank you. KERN; Any other questions for staid Seeing none, thank you,Jeff. DARROW: Thank you. KERN. Could the applicant or their representative please come forward. Good morning. HELFRICH: Good morning. My name is Dakota Helfrich. KERN: Very good. Can I get you to raise your right hand, Do you swear to tell the truth today before the Windward planning Commission? HELFRICH: Yes. KERN: Very good. And so you just give me your name and area in which you live. You're the representative? HELFRICH: Yes. I'm a student representative. KERN: Okay, very good. And you have received the background report and recommendation and oonditions? HELFRICH: Yes, yes. KERN: Any comments you'd like to make at this tune? HELFRICH: Yes. May I? KERN: Okay. HELFRICH: I'm a senior at Connections Public Charter School, and I've been a student there since third grade. This school has provided me with opportunities and expeTiences that have been nothing short of transformational and enlightening. One could ask me why I bother getting 5 1552 involved in this query,when I graduate in June;I'll be long gone if and when the campus is constructed. When we were shown the signs that had gone up around Kaumana,we were stunned by their bold letters and blunt words—No Connections in Kaumana,because to those opposing the construction of the campus,a school in the community means more traffic,or harm to the environment,or worse,it means a crowd of teenagers in the immediate vicinity. First of all,the campus itself is going to be made of green materials,not to mention the plan to teach students about,I'm sorry, I'm really nervous,sustainable methods of living,and cultural appreciation for the land. This shows an obvious consciousness about the surrounding environment,but I will go no further with this subject because you will hear from supportive professionals and those managing the Kaumana project regarding raised issues such as the effect of traffic and on the ecosystem as well- Leaving it to myself and the large portion of Connections's student body present today to represent ourselves,through testimony or simply watching the proceedings. The new campus is important to us, and so is ensuring that the community,ensuring, assuring the community that we are not who they think we are;we are going to be constructive and valuable members of society, too. My mother sent my siblings and I to Connections instead of one of the big public charter schools,public schools, excuse me,because she never wanted us to have to protect ourselves the way she had to when she attended a public school. Students come to Connections because it's not occupied by a bunch ofjuvenile delinquents,and there aren't fifty other students in every class that they'll never know, competing for assistance from the instructor. I spent one week at Connect,I'm sorry,Keaau High School at the beginning of my freshman year. In that week, I made fewer friends than enemies,and I felt smaller and more insignificant than I ever had;that's not the kind of person I am. It was my personal experience, and I had seen all I needed to; and I went back to Connections. When I was a freshman new to the Nani Mau campus,I was invited to join the very small high school community with open arms,and that is why this issue is important to me. What I love about Connections High School is the attitude that the students perpetuate in one another. Someone who is treated with kindness,respect, and tolerance will feel inclined to pay it forward,and that's what has been happening at Connections. We bring out the best in one another,we make it alright for all to express their individuality without criticism,and that open-mindedness is a model for the future. I've met lifelong friends at Connections and I had the privilege of studying under the wisest and most inspiring teachers. And I'm here to disprove, to defeat the sweeping generalization that my peers and I are untrustworthy and undeserving of improved facilities. The team assembled to advocate for the Kaumana campus is working hard to amend the community's concerns. I've previously attended a hearing and a meeting in which I heard Mr. Thatcher and Mr.Hong,in all sincerity searching for reasonable resolutions to the foreseen problems. This is not a dispute between parties; we want to build a relationship with the community and address these issues. Today we reach out to Kaumana, asking them to give us a chance,tell us what we can do to change their minds. Every effort is being put into addressing the issues that divide us,and we can only hope that the community will put their best effort into 7 1553 0 W communicating and cooperating back,just as we can only hope that you will support us in building an even better Connections in Kaumana. And that's all i have to say. KERN: Thank you. Any questions for their representative? Commissioner Au. AU: How many meetings have you had with the community going into this project?And I'd like to get the dates and, you know,we don't have any records of what meetings occurred,how many people went,how much notification did you give to the public? KERN; Before you begin,Ted,I'll get you to raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? HONG: Yes, as best as a lawyer can. Actually-. KERN: What am I supposed to do with that? HONG: Mr. Chairman, good morning,Members of the Planning Commission, Mr. Au, that's a great question. Part of our presentation this morning was how Ms. Helfrich was going to introduce the team that's going to be testifying and answer that specific question. I'd like to answer that question a little bit later with your permission, I think Ms. Helfrich wanted to introduce a DVD that was put together by the school. And then the plan was to introduce the rest of our team of professionals, and that's one of the questions that we intend to answer this morning,with the Chainnan's permission and the Commissioners's permission. KERN: Yeah, no problem on the DVD,no problem bringing up the professionals, I would like to make sure that you respect the public testimony part of it and not try to slip that in further-. You know what I mean? The professionals that are up there,let's stick to the point of the applicant, and not what could be deemed as public testimony to it. HONG: Absolutely. HELFRICH: Okay, well,this DVD was made by-. ONO: Hold on. Before you continue that,I have a question-. KERN: Oh,Commissioner Ono. ONO: Yes. Where is the present campus located? HELFRICH: We have the elementary and middle school at the old Kress building and our high school is at Nani Mau Gardens. ONO: Thank you. HELFRICH. So the DVD was made by the students with the help of Mr. Kris Kua and one of our really dedicated parents. Have him show it. 8 1554 (The DVD was played at this time where students spoke favorably of Connections and in support of the application, and expressing their sadness in seeing No Connections signs posted around Hilo. The Connections staff asked the Commission's help in helping the students). KERN: Any questions, Commissioners? Seeing none,you may continue. HELFRICH: Okay. Well,from here I would introduce the rest of the presenters. We have Mr.John Thatcher our principal,Mr. Enc Boyd,the administrative assistance,Mr.Dennis Hirota, Civil Engineer with Sam O. Hirota Inc.,Mr. Ted Hong, our dedicated attorney,Ms. Sandy.Kelley,Mr.David Miranda,Botanist,Mr.Paul Nash, Civil Engineer at Atlas Engineering LLC, Nlr. Rowland Reeve,Archaeologist,Mr. Phillip Rowel,Traffic Engineer ofPhillip Rowel and Associates. KERN: Can I pause you right there. Is everybody going to speak? We don't have many chairs here. HONG: These individuals are here to answer any questions that the Commissioners may have-. KERN: Okay. HONG: They can answer the technical aspects of the project. KERN: Okay. So maybe what we could do is if you could fetus know who they are cause obviously there's too many for the amount of seats that we have. HONG: We have nameplates for them so the Commissioners can identify who's speaking. KERN: So maybe what we'll do is bring up the people that will be adding to this now; and then if we need to -. Or we can rotate as you see fit. So you have four that are going to speak now? HONG: They're just here to answer any questions the Commissioners have. KERN: So,yes,continue. HELFRICH: Okay,last two people are Ms.Celia Shen,senior planner with Will Chee Planning and Dr. Fred Stone from UH Hilo. HONG: Actually, Ms. Shen is going to be speaking right after this about the project. NOMURA: Microphone. HONG: Ms. Shen will be speaking after a few remarks from me and then she'll be giving the overview of the project. KERN: Begin. 9 155 HONG: So, good morning, Mr. Chairman and Members of the Commission. KERN: Good morning. HONG: We're here today to ask for the Commission's approval of the Planning Director's favorable recommendation to the State Land Use Commission. The determination whether this project can go through will be made by the State Land Use Commission in the next few weeks. We agree with the amended recommendations from the Planning Director as circulated. As an administrative matter, as the Planning Director pointed out, there is no contested case hearing with respect to this project. On October 1 e we sent a letter to surrounding property owners informing them of the right to file a contested case hearing under the Punning Commission's Rules of Procedure. We discovered there was an error on October 29,2012 within the required deadline for notification. We sent an amended and revised second notice to surrounding property owners informing them that they can intervene at the State Land Use Commission pursuant to Section 205-6(d) of the Hawaii Revised Statutes and Section 15, 15-53 of the Hawaii Administrative Rules. Surrounding property owners who wish to stop the project can intervene at the State Land Use Commission level; and we apologize for any misunderstanding, We would note in terms of the land that we're asldng the Commission's favorable recommendation for this. It's a State Land Use District designated for Agriculture. The County zoning in the area is for Agriculture; and I'd also note that the status of the lease is that it has been approved by the Land Board. We're waiting for the Attorney General's Office to give us the paperwork. We are proposing a school dedicated to conservation,sustainable agriculture in the aTea; and that it is designed and zoned for Agriculture. The goals of our project are to promote and instill on the Connections ohama responsible stewardship of the land,treat the land a part of a community trust, education,sustainable agriculture and to be a good neighbor. To highlight some of the questions that were brought up,Mr.Au's question that was brought up, we amended our,with respect to the community's concerns in the several meetings that we had, we amended our plan to only develop the lower half of the property. We're limiting the student population.We had four community meetings. Those were on April 16,2009,June 3,2011, August 22,2011,Apri[27,201 L And I along with some of the Connections students and staff personally walked door to door along the houses on Mele Manu Street and Edita Street,handing them out information concerning the project, the proposed conception plan;and a comment card that if they had any comments they could submit it to us. We have reported any abuses and criminal acts on the property, including vandalism where the Connections School's locks have been glued and had to be cut. We've reported to the police marijuana growing on the property in questions. And most recently we've repotted the harassment of elementary and intermediate school children at their Kress building. We have taken responsibility where our trust and a contract with the develop -, contractor has been criminally abused. We've invited members of the community to participate as project manager and part of a design committee with respect to the building. We've engaged people of substance 10 1556 49 and standing in the community,like David Miranda,like Dr.Fred Stone,to essentially show individuals like you on the Commission that we're walking it like we talk it. This is not,and I'm certainly not, and my client is not; some big bucks developer telling locals one thing and then doing another. We are trying to promote good local jobs for local working families,from construction to electrical,with respect to all aspects of this campus.And we're asking the Commission to agree that we've complied with all procedural requirements that any other developer has had to comply with and to allow us to go o to the State Land Use Commission for approval of our new campus. I'd like to introduce Celia She,a senior planner with Will Chee and Associates,who will discuss some of the conceptual aspects of this campus. Celia? KERN: Before we begin, can 1 swear you in? Is it Shen? SHEN: Shen. KERN: Shen.Can I get you to, could you use the microphone,please. And raise your right hand,Do you swear to tell the truth today before the Windward Planning Commission? SHEN: Yes. KERN: Very good, thank you. (Mr.Hong conferred with the staff off the record at this time.) LEITHEAD TODD: For the members of the public that are wondering what all the little conferring is, we're discussing procedural issues as to what has to be made part of the record, if this is part of the presentation to the Planning Commission, so how we're going to number it, what's going to be included. So that's what's going on in the background as people go up and have discussions. KERN: Thank you for that,Madam Director.Are you,as far as yours-? SHEN: Good morning. Again,my name is Celia Shen. I'm with Will Chee Planning. Our firm along with Urban Works,which is an architectural firm,have been assisting Connections with developing sort of the planning and architectural concepts for the new campus up in Kaumana. Jeff gave you a brief overview of the campus. And I'd just like to go into a little bit more detail and kind of show you some of the concepts that are being developed for this new school. So if you look here, this will be Extubit 4,is that correct? DARROW: Sure. SHEN: Again,this is kind of an overview of the property. This is the upper parcel and this is the.lower parcel. And, again, all of the major school facilities are being planned for the lower parcel. And this is Exhibit 3, and this is a blowup of the lower parcel. So,again, at this stage, we're in the very early stages of designing this campus. This is just a conceptual plaza. And I'll just kind of give you a quick tour of•how this campus is laid out. This group of buildings here are the elementary school classroom buildings. This building here,No.7, would be the 11 1557 intermediate school classroom buildings. Between the two are shared specialized classrooms, like an art classroom and music classroom, as well a shade and green houses that would be shared between the elementary and intermediate programs. These buildings here in blue, this would be the new high school. Again,the high school classroom buildings. This building here, No. 6,would be sort of the specialized classroom buildings for STEM program,art,music. These two up here, again, would be the shade and green houses. And in this center portion of the campus would be the shared facilities,so we'd have the administrative building,a library resource center,and the dining and cafeteria facility. This edge of the campus here we have the proposed barn. This facility here would be the gymnasium multipurpose building which would serve as the school's great room. And so this would be for school-wide, you know, events, where all the student body could gather in one place as well as serving as an indoor play area for when it rains. This small facility here would be the intergenerational program, and then up here would be the caretaker's residence and the done facilities.So this is,this campus is being envisioned as very small scaled single story buildings. You know,we realize this is in a residential area and so we-want the design of the campus to fit in with that and complement the sort of residential feel. And so this wouldn't be like your typical institutional school buildings. 5o these sort of design concepts were developed by Urban Works. And then this Exhibit 2 shows sections of selected buildings. You can see they're all fairly small scaled, one story inheight. And they would be designed to be elevated off the ground to minimize the site work that would be needed on the property. These conceptual renderings, showing Exhibit 1,kind of gives you a flavor, the architectural flavor,that's being thought of for the school. And, again, it's very small scaled, one story buildings, you know, to work with the existing landscaping and to sort of fit in. And as,you know, Dakota has mentioned, one of the main visions for the school is that it be a model of sustainability. And so what's being planned to be incorporated is,you know, a lot of sustainable features. The buildings are oriented to maximize natural lighting,natural ventilation, minimizing heat gain, as well as,you know,use of photovoltaics to reduce energy demand. And, you know,the other feature that we're looking at is,is maximizing the use of nonpotable water. So using rain catchment,using recycled water,to minimize the demands on,you know,precious natural resources, which is potable water. So,again,that kind of gives you a little bit more information of what's being proposed for this campus. And, you know, I'd like to stress that right now,like I said,this is in the very early planning stages; and so this is a conceptual platy. You know,what you see here is not fixed in stone. This plan really sort of represents sort of the ultimate vision for the school. And,you know,like Jeff had mentioned the timetable for this is,you know,perhaps 16 to 25 years. So it's,this whole thing is not going to appear on the property atone time. It's going to be developed slowly. But at most this is what it's going to be. I mean it's not going to be any bigger than this. This is the ultimate vision, And, again, it's at a concept level right now. As we get into the next phase of design when, you know, the engineering details are worked out and the architectural details, you know, this may be modified somewhat. So there's room, there's room to adjust the plan,not only to,to address, you know, site specific information that comes up during, you know, the engineering design and architectural design,but as well to address 12 1558 0 community concerns and issues as far as,you know,what they see here. So there is opportunity to,you know, to address those,those concerns. So this is not fixed in stone. And with that, and as Ted has mentioned,you know,we invite the community to help, you know, develop the ideas for this school,you know,whether it's being part of the design committee or design review board. We certainly welcome the community's input to help make this vision into reality. Ted,is there anything else you'd like to add to that? HONG: No. Thank you. And if the Commissioners have any other questions. I'd be happy to answer them. KERN: Yeah, Madam Director, a comment to make, and then Commissioner Au. LE.ITHEAD TODD: If I were to suggest that the access to the school should come across the neighboring property and connect to Puainako Extension, can you reorient the campus to accommodate that? KERN: Please use the mike. SHEN: Yes,that is possible to -, You know,we could, you know, dress things down or reorient the parking lot so that it's closer to,you know, a secondary access, if that were the case. LEITHEA.D TODD: That's because we do have a subdivision application in the office that we're in the process of reviewing. It hasn't been,you know, approved yet. But there is a subdivision application which would connect the land immediately next to the property with Puainako Extension and provide an access for the school off of Puainako. So you can easily reorient the school. SHEN: Yes. And,like I said,right now it's at an early conceptual design phase so, you know, it can be modified. HONG: And we have met with Mr.Brilhante; and Mr.Brilhante has allowed us to represent that we're still in negotiations and discussions. My understanding is that some of the people opposed to the project have also talked to Mr.Brilhante and encouraged him not to allow us to go through his subdivision to foreclose any possibility of,or make life more difficult for us. And certainly that's their right,but 1 think Mr.Brilhante is keeping an open mind about that. KERN: Commissioner AW AU: Thank you,Mr. Chair. 1 understand this is just a conceptual design. It's a guesstimate, right? So, you know, I don't know if you can provide that for me. But what is your guesstimate on the dollar value of the project at 100 percent buildout? CHING: It's a little hard to say right now. I mean our early estimates were about$30,000,000; and that was based on a comparable dollar per square foot on a similar sustainable building. But, 13 155 you]mow, this project is going to require a lot more infrastructure, So,I think,you know,when we get into the next design phase,costs, a.more detailed cost evaluation will be done as well, KERN: Thank you. Are there any questions for Ms.Shen? Seeing none, thank you. Mr. Hong? HONG: Well,I think that actually concludes our presentation of the project. I understand we have a Iot of public testimony. I just note that,I just note that I live in Kaumana.. My students, my two children went to Kaumana Elementary School,j ust like John Thatcher who Iives in Kawnana, So when we talk about neigbborhoods and neighbors, I live there too. KERN: Are there any questions for Mr.Hong. Mr. Hong,hang on for one second. I've got a question for you. Any questions from any of the Commissioners? ONO, I do have a question of Mr.Thatcher. KERN: Okay. Hold on,Commissioner Ono,please use your microphone and let me swear Mr. Thatcher in, Could you please raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? THATCHER: Yes, I do, KERN: Very good. And,Commissioner Ono, you may go ahead. ONO; Yes, I'm not familiar with the concept of the charter school. But what would make your program,your curriculum,unique as compared to other schools? THATCHER: Okay. I think one of the things that would make our program unique is that we are very committed. From the beginning of our school, we were a school within a school for five years, We've been a charter school for 13 years now. We were the first charter school authorized in the State of Hawaii. We believe very strongly in sustainable education and an education that will enable our graduates to be able to find meaningful employment on this island. And so it's important to us to have an opportunity for the students to be exposed to sustainable agriculture,forestry, conservation,ecotourism, These are some of the areas that were in our original charter,but the concepts were in there and we still believe in this today. ONO: Your present location that you're seeing approval on-? THATCHER: Yes. ONO: I'm not, well, in my driving through that area, I don't see that as a location suitable for an agricultural curriculum, Am I wrong in that? THATCHER: Well,we're not planning a traditional agricultural curriculum. What we're talking about is hydroponics, greenhouses, future, future-oriented agriculture, So while the land is not great land for traditional agriculture, the land is very similar to a lot of areas on this island where it is possible to develop sustainable agriculture using systems like hydroponic systems. 14 1560 ONO: So that's your option, there are no alternative experiences for the students,for example, a normal agriculture program? You're just going to be introducing an alternative apiculture program? Am I to understand that correctly? THATCHER: Well,that would be a part of it. And so having a facility right there on campus makes it much easier for the students to have access to the program. ONO: The other question that I have is the long term,why the dormitory? THATCHER: The dormitory idea comes about because we have been,had the pleasure of hosting a number of different groups from other countries and from other states, and from Oahu. So we have had for the last,this will be the eighth year,we've had groups of visiting students from Korea. They like to come to Hawai`i, and they like to come to our school because they get a,the kids get a chance to practice their English,to he exposed to American culture. We've had visiting teachers from Indonesia. One of our letters of support is from President Obama's sister, Maya, and she has actually worked with us on projects through the East-West Center that were State Department funded projects; and she wrote a letter in support for this. Because when the visiting teachers were here.from Indonesia,it was very difficult to find places for them to stay where they would be able to visit the school as much as they wanted to. So we've also had visitors,a group of kids from Peru last year, who want to come back again this year; and these are kids that are descendents of the Incas. And they are also very interested in sharing with us their sustainable agricultural practices. So,you know, I'm not sure if you're familiar with what's going on in Korea.. There's a lot of great sustainable agriculture in Korea,and in a lot of other places,forestry also. And so many of these visitors have said we really like to come to visit you but we can't afford places to stay. We just returned,I brought a group of kids to St.Paul, Minnesota where we were visiting a school, the high school of recording arts which is another poverty level school like ours,90 percent African American. These kids are corning to school because they're doing something they feel is meaningful. They're learning how to do recording studio production,video production. And to raise enough money to come here and to be able to staying in hotels is beyond their means also. ONO: I've got a question. Why a horse barn? I don't understand that. THATCER: Well, -. KERN: Commissioner Ono, could you retreat that. ONO: Oh, I'm sorry. Why the horse barn? I don't quite understand that in relation to your program. THATCHER: Well,you know,that's part of the concept of the sustainable agriculture, is horse manure is some of the best fertilizer that you can get for using in Hawaiian soils. And so that would be part of it. I think that our elementary and our intermediate school science programs also have a component where the teachers will teach the kids about reproduction,which eventually leads to human reproduction,through the use of animals so that they can see, like any 15 1561 kid that lives on a farm,they understand what the process is, they understand how life is carried on. ONO: So other than horses no other live animals? THATCHER: Well,the vision would be for,you know,probably chickens,some other fowl, maybe a few goats. But these would all be,these would not be free ranging. They would be, you know,in areas where they are contained. ONO: How would you,I'm sorry,if I may? KERN: Commissioner Ono. ONO: How would you compare yourself with that Maui Lahainaluna program? THATCHER: I think the difference, well, I haven't visited that. But from what I understand of it, that's a program where kids are actually living in the dormitories. So we had a student from here that was attending our school that went there and was living in the dormitories. We would not have our own students living in the dormitories. The dormitories only would be used for visitors. And I think that,the other diffierence is they are more focused on traditional agriculture, from what I know of them. But I do not know a lot about Lahainaluna's program. ONO: Thank you. KERN: Thank you. And I would like to just make a friendly reminder to Commissioners that are here that there's a distinction between land use, and curriculum,and what the school is actually going to do. And we are sitting here relating to land use. Good questions,nothing to do with you. I just think it's important that sometimes,you know, a motion, curriculum,everything else overlaps on land use. I think it's important that we maintain the land use side of it to the best of our ability. Any other questions for any representatives? Commissioner Au? AU: Thank you,Mr. Chair. How long has Connections owned this property, and when dict they purchase it,this property? THATCHER: We have secured a 65-year lease on the property through the Board of Land and Natural Resources. AU: Okay. When did you start the process? THATCHER: We started the process in 2006 actually. In 2006 there was a Charter Schoot task force that met and came up with recommendations for helping to develop charter schools. And one of the recommendations is that the Board of Land and Natural Resources make lands available to charter schools. So in 2007 we asked,requested the Department of Land and Natural Resources to give us some properties that we could look at that would be potential sites for the school. So we've been working on this since 2007. The actual lease was approved on,I believe it was January 13,2011. 16 1562 0 AU: So when you say we,do you have like a Board of Trustees,or what-? THATCHER: We're working with our non-profit, a non-profit entity. That's the CBESS part (Community Based Education Support Services), and this is the non-profit that supports our school in area that we need support, for instance,paying for any legal counsel to represent CBESS interest. KERN: Any other questions? GONZALES: I have a question. KERN: Commissioner Gonzales. GONZALES- So you're leasing the land from whore, from the State? THATCHER: From the State of Hawaii. GONZALES: May,thank you. KERN: I have a couple of questions. Did you guys look at any alternate locations? THATCHER: Yes. We looked at, at least seven I believe, was it Celia? I think it was seven at least that we looked at. KERN: And what was it that ultimately led to this location? THATCHER: Some were too big, some were too small,the access was difficult in some areas and this -. You know,being,being close to support organizations for an agricultural program is important to us. And so having both CTAHR and the University of HawaPi's agriculture programs very close is an opportunity for our students to be exposed to these programs and to potential careers. KERN: Okay. And your student population as far as where they're coming from? Geographically I know it's a mixture. Can you break that down closely. THATCHER: It's approximately 50 percent are coming from Puna,being bused in mostly; and the other 50 percent would be from the Hilo area. But we have had students as far away as Honokaa. We've had students, we still have students from Naalehu, Volcano, all the way out to Pahoa. KERN: Okay. 1 think that's it for me. Any other questions? Seeing none, you folks may have a seat. Thank.you. 'We will be,the next portion, segment, what we're going to go through is the public testimony portion, Before that we're going to take a 10-minute recess,and then we'll get into public testimony. We have about 65 people signed up to testify, so should be good. 'Thank you, 17 1563 RECESSED—The Chair called a short recess at 10:47 a.m. RECONVENED—The Chair reconvened the meeting at 11:03 a.m. KERN: We'll reconvene at this time. So couple of things,public testimony is limited to three minutes. If there's anybody here signed up to testify for either geothermal issues,that's probably not going to happen for at least a few hours. We have six -, it might not even happen today. We do have about 65 people signed up to testify so that's over three hours of testimony. W e would encourage that if you are just going to read your letter that you just, you know,summarize it,let us know that you've submitted it, support or opposition. But it is your choice to use the three minutes,how you'd like to -. And with that, we will get started. I will be calling up four people at a time. I'll swear all fair in, and then we'll begin in the order in which they're called. So I'll call up Donald Ikeda,Ming Peng,Robert Wyman and Dr.Henry Lee Loy. Yes,Madam Director? LEITHEAD TODD: While you have the right to read aloud your written testimony,if you have submitted written testimony,in the interest of trying to get through all the people who have signed up who have perhaps not submitted written,if you've submitted written testimony, perhaps you could reference it and try to shorten it rather than taking the whole three minutes. Because as I calculate this,if everybody goes three minutes,then we're at 3 % hours; and if there's time in between moving people in and out,then you're pushing to four or five. Thank you. KERN: Thank you, Madam Director. Okay, can I get all of you to raise your right hands. Do you all swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: Yes. KERN: Very good. And so what you'll have is, give me your name, area in which you live,and then your three minutes will begin. So we'll start with Donald Ikeda. IKEDA: My name is Donald Ikeda. I live at 966 Kaumana Drive,about maybe 113 mile from the development. Okay,thank you,Commissioners,for allowing me to give a few comments. You know, I'm not against education. And I don't, I'm not against the non-traditional and the special students,special needs students. But I believe that any entity that's going into a community should make an honest effort to be a good neighbor. You know,when you are the new guy coming into a community, like Connections School, they should get together with the neighborhood; and I think Connections Charter School has failed to do this. I would like to ask the Commissioners to listen closely to all the concerns that the community members want to tell you, And there's a lot of misrepresentations and unfriendly acts by the school and its officials and its representatives. 18 1564 0 0 I would further ask that this Commission take time to read the applicants petition very carefully. And if you have not already done so, take the time to research and confirm each of the carefully worded assertions made by the school officials and representatives. This carefully crafted document is full of half truths and unfulfilled promises. I would like to suggest that the school and its representatives be held accountable on a regular and fandamental basis if they are allowed to proceed, I would further suggest that unless proof can be made of a fulfillment of the promises and assertions set forth by the school and its representatives no progress be allowed until the promises and assertions are fulfilled. By and large, the community is opposed to the project, and with good reason. I won't take any more of time, but you will hear it from the community. I would like to highlight a few concerns that I have. DARROW: One minute. KERN: One minute. IKEDA: My first concern is water credits. You can check with the Board of Water Supply. They have seven water credits. rt's insufficient for their 360 students, 15 employees and 7 part- time employees. Also the traffic mitigations,right now they only have a left-turn lane into Edita, which is a two- lane street, What happened is John Thatcher had promised that he was going to look into an easement coming in from Puainako,but right now all he's talking about is coming in through Edita. And donmitory, when first explained was occasionally foreign students,then it betaine foreign students and teachers, and now it's foreign students and other people, and full-time employees. Also,the school representatives stated that KERN: Time. IKEDA. Okay,thank you. KERN: Thank you,Mr. Ikeda, Any questions for the testifier? Seeing none,thank you. Ming Peng. PENG: My name is Ming Peng. I live at 1547 Mele Manu Street. I've lived in Mele Manu for 9 years. The proposed construction is planned on Edita Street which is the only ingress and egress of the Pacific Plantations Subdivision, which will increase traffic demands along our street and along Kaumana. In the interest of time I have referenced that in my written testimony. We have heard the entire project is projected to be completed within 16 to 25 years. The surrounding community along Kaumana would be condemned to endure increasing traffic,noise,utilization of resources and levels of stress for the next 16 to 25 years from construction and the school. This project will no doubt degrade the quality of life to the surrounding Kaumana area. 19 1565 I'd like to offer alternatives. About 50 percent,as we have heard, of the students come from Puna. Mr. Thatcher also stated publicly in his press conference on Oct.23`s that the Edita location provides land his students to learn on that is very similar to land in Puna. Yet according to their own EIS on Pages IS to 16,none of the TMKs considered for the new campus locations were considered in Puna. This should be explored. You will hear many emotional and heartfelt arguments. However,this is about the construction of an institution into an area where there is overwhelming opposition from the majority of residents who will be most impacted. This is especially in an area where there are already schools along Kaismana on a 4-mile drive,including KaOmana Elementary,De Silva Elementary, and the Hilo schools. The institution seems to have acted on the presumption that this Commission will authorize their project: Boundaries have been cleared, fence installed,articles written in the Hilo-Tribune and plans have been made as we have already seen. We are just a community trying to advocate for our neighborhood against a Iarger institution. We do not have the benefit of hired representatives,professionals,or attorneys. You,the land commission are our equalizer. DARROW: One minute, PENG: Please deny this project. I'd like to add that by denying the special permit you are not stopping the building of the school, but allowing the school to search for more appropriate locations. Thank you. KERN: Thank you. Any questions for the testifier? Seeing none,thank you very much. Robert Wyman. WYMAN: Good morning. KERN: Good morning. WYMAN: Thank you for this opportunity. KERN: Name and area in which you live,and then your three minutes begins. WYMAN: My name is Robert Wyman. I live at 1840 Kaumana Drive,just above the Kaumana Elementary School. I've lived there for the last six years. And I've also lived on Kaumana Drive for the last 9 years actually,just down by the 76 Station. I ride my bike to and from work via Kaumana Drive two to three tunes a week. Kaumana Drive is a very dangerous road on which to walk or ride a bike. And I fear for every pedestrian I see moving along this road, especially my 7-year old daughter who I walk to school at Kaumana. The condition of the road is poor in many areas and there is essentially no curbside on which to walk or ride safely, I wish Donald Ikeda best of luck in getting the sidewalks put in. 20 1566 0 0 The traffic on this road is excessive in the morning and I am greatly concerned about the introduction of a large number of additional vehicles trying to access Edita Road or Street by Kaumana Drive from above and below. What I have understood from the traffic study indicates to me that it was not done properly. Consider the steep approach of Kaiimana Drive from above Edita Street and the typical speed that cars move along there, And consider the cars turning left off of Katamana across their path. Consider the vehicles headed to Saddle Road backing up behind them. And finally consider the vehicles travelling to Editaby way of Puainako Extension. If you live on Kaumana Drive above the cave you know that it is a"drag strip." Someone is going to die thereby a vehicle accident. The 35 mile per hour speed limit means nothing and it is an outlaw traffic condition. This is my opinion. 1 have never seen a car pulled over for speeding and I am disgusted by the use of this section of road. But over and above this is the safety risk it poses to the elementary school and pedestrians walking in the vicinity, and now,of course, students related to this school. DARROW, One minute. WYMA.N; Adding more vehicles, tni fic to this road,I believe will negatively impact this community. Is the data correct,232 accidents on Kanmana Drive last year and 191 so far this year? A statement from the Police that"There will be an increase in noise, crime and traffic," well,I'm concerned about the traffic primarily in this vicinity. There should be a pause and serious consideration to the project. I respect the work of the Connections School and their com.rnitinent to the students, but i want to know when this road will get safer,slower and wider. I am very concerned that there is a gross misunderstanding of the nature of the traffic in this area on this road by persons who do not live there and that the efforts to mitigate it will not be effective. I respectfully request that the project be denied on that basis only. KERN: Thank you. Any questions for the testifier? Seeing none,thank you very much. Dr. Henry Lee Loy, give me your name, and area in which you live, and then your three minutes will begin,your three minutes beginning now. H. LEE LOY, Good morning,my name is Dr.Henry Lee Loy. I'm a physician. I live on Mele Manu Street. As a physician I know the value of a good education. I was born and raised in Hilo, I am aproud graduate of Hilo High and Hilo College. 1 champion public schools. Let's see,how many of you students attend Charter,Connections? Raise your hands,let's see it. Awesome. How many of you live in Kaumana,raise your hands. I have no diatribe with the Connections Public Charter School students. My concern is safety of the neighborhood and students. Permitting this large institution to be built with only one entrance and exit is extremely dangerous. Fires,health emergencies, earthquakes,acts of terrorism could trap students, faculty and residents. The intersection is hazardous, In the morning people are rushing down Kaumana Drive to get to work and get children to school. School children are waiting right on Kaumana Drive to catch their bus. Connections Charter School will have 350,380 students, 50 faculty and I would guess maintenance workers, groundskeepers,security,dorm residents,trucks for agriculture, farming, 21 1567 forestry and livestock programs. Traffic will back up and down Kaumana Drive as these people try to enter Edita Street. Traffic rushing downhill will not have time to stop as they come around the curve resulting in deadly rear-end accidents. Kaumana Drive cannot be widened; and placing traffic signals would cause traffic to back up. The Planning Department recommends an 8-foot wide sidewalk and left-turn lane into the school, There is a concrete channel for water parallel to Edita Street. Private property will have to be condemned to widen this area. Teenage drivers are one of the highest risk categories. They tend to overestimate their driving skills. Yapper Kaumana rains a lot. Kaumana Drive is tortuous mid unforgiving, The Tisk of road crashes will be immediate, substantial and sustained. Connections Charter School will bus in some students. Public school buses presently have difficulty getting in and out of Edita Street. DARROW: One minute. H, LEE LOY: Developer William Brilhante has already opened-up 40 more lots. He has no plans to extend Edita Street. Throughout the morning you will hear testimony from students, faculty and supporters. But please keep in mind safety takes priority. I took a Hippocratic oath to do no harm caring for my patients. Ask yourself am I putting the public in harm's way if I allow this project? If you have questions, doubt or share my concern for more accidents, injuries,and death and lawsuits then you must do the right thing. No doubt your decision will disappoint many but would prevent unnecessary injury and save lives. It could be one of these fine young students standing before you. Lastly,I leave you with this image of an accident that occurred just 7 weeks ago. I invite you to come back to this image after each testimony and at the end of this hearing. Something this ambitious needs the support of the whole community,but as you will hear from my neighbors they clearly do not. I leave it in your hands. Thank you for your time. KERN: Thank you. Any questions for the testifier? Seeing none,thank you very much. So there are a few folks signed up to testify on behalf of somebody else. I'm going to permit that, but what I'd like those people to do is really stick with what the person that they representing, what their testimony is,and not a continuation of your own. So with that I will call up four more —Dr,Henry Lee Loy on behalf of Pauline and Larry Kimura,Dana Kenny,Terence Yoshioka and!an Yokuama,Yokoama,Yokoyama,sorry. And I will wait till everybody gets here, and I will swear them in. So we have Jan? YOKOYAMA: Yes. KERN: Okay, hi, Terence,Terence? YOSHIOKA: Yes, 22 1568 KERN: Dana Kenny'? Speak up if you're here. PUBLIC: No. KERN- Okay. And Jeff Gomes? Very good. Can I have you three raise your right hands,please. Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: Yes, KERN: Very good. Dr.Lee Loy on behalf of Pa-aline. What's her last name? Could you use your microphone. H.LEE LOY: Pauline Kealoha Lee.Loy. KERN: Okay. Go ahead. H. LEE LOY: My mane is Pauline Keala Kealoba Lee Loy. I regret that I am not able to testify in person as I remain in isolation at the Queens Medical Center while undergoing chemotherapy for acute leukemia. I have been an educator for the past 33 years. I commend them for their dedication. I feel that they deserve a new academic campus,however I feel that this is not a good location for the Connections Public Charter School. Kaumana Elementary School is located just 311 a of a mile from the proposed project and has been serving the community for over 100 years. The County of Hawai`i Planning Department says "From a planning perspective,the request has proven to be difficult in arriving at a position we are comfortable with. The greatest difficulty we encountered was determining whether or not this is an appropriate location for a public charter school whose student body largely consists of students who do not live in this particular section of Hilo. Currently there are approximately 50%of the student body coming from the Puna district and approximately 50%coming from different locations in South Hilo. In reviewing this land use request for a new K-12 school we considered several factors. One factor is that a K-12 school should be located in close proximity to where people live and near the center of probable student population for the proposed school. A school should not be located in an area where the students live a far distance from the school and requires students to be transported via buses or vehicles. I believe contrary to the County Planning Department's perspective the Iocation of the school would not create abetter neighborhood and a more livable community, as the students will be transported a far distance via buses and vehicles, increasing traffic congestion in our neighborhood that is already well served with existing public schools. Again, as an individual dedicated to education in both public DARROW. One minute. 23 1569 0 0 H. LEE LOY: And private schools for the last 33 years,I applaud the efforts of charter schools for their diligence in meeting the needs of diverse learners. Indeed 21 st century learning has gone beyond the traditional classrooms with innovation unimagined a trite decade ago. What I oppose is the proposed location of the school. From personal experience,we teach our students to develop a"sense of place" for the community in which you live. That would suggest to me that the school should be located in alignment with predominant demographics of the current student population. Respectfully,Pauline Kealoha Lee Loy,resident of Mele Manu Street. KERN; Thank you. Now, Dr. Lee Loy on behalf of Larry Kimura. Just give you name again and who you're representing, and you may begin. H. LEE LOY: Dr. Henry Lee Loy, I'm representing Professor Larry Kimura. Aloha,Windward Planning Commission. My name is Larry Kimura, a current resident of Kafimana,within proximity to the proposed Connections Charter School site. I am in opposition to plans and requests submitted for the Connections School in KaUmana. I carefully selected Kavmana over 20 years ago as an ideal residential community to live in, being somewhat near to my home in Hilo town,but most importantly recognizing a community of closeness with neighbors. I know some of the old families from the sugar plantation days and the start of KaUmana Elementary School that still live and go to school in Kaiimana. And I believe they have contributed greatly to the neighborly lifestyle of Kagmana. I find it difficult to acknowledge a whole new set of people,outside of Kaiunana,who propose to implant their philosophical charter of education in this setting. School should be a common part of their home communities. As far as I know most of the families of Connections are not from Kaumana. I would think the place the families of Connections are most connected to should be the natural place for their school to be. A charter of education, administration and money should not be the deciding factors. Respectfully submitted, Larry Kimura,Kaumana Resident. Thank you. KERN: Thank you. Thank you very much. Terence Yoshioka. Very good, so give me your name and area in which you live,and then your three minutes will begin. YOSHIOKA: My name is Terence Yoshioka. I'm a resident of Pacific Plantations Subdivision. I live on-. PUBLIC: Mele Manu. YOSHIOKA: Mele Manu Street. Thank you. I have already provided to the Commission Members a written argument in opposition to the petition. It is entitled"Reasons for Denial", 12 page document. I also have provided a written statement of myself which we have been entitled "Oral statement"of what I was going to say here today. It's a summary of the arguments I had made. 24 1570 And for the sake of further brevity and to save time, Pm just going to allow these documents to speak for itself, and I ask that they be made a part of the record of the proceedings. I just want to add to what is already stated in these documents,assurance to the students of Connections Charter School. Okay,nobody that I know is opposed to you. Nobody has said anything negative about the students. Basically I want you to understand that this is in opposition to the location of the school,that there are many, many other places where the school would not be so intrusive, so it would not be so problematic for the residents; and nothing that i know of is in opposition to you as to your curriculum or to your character. And that is the essence of it that I wanted,the message I wanted to communicate. So I am going to leave the rest of my tune open to the Commissioners for questions if they have any about me. But basically what I wanted to say was that there was no basis for the establishment of an agricultural program,nothing. There was no research,no study to indicate that an agricultural program is necessary or that one will actually be implemented. And without an agricultural program everything must fail, because everything is based upon that. The size of the lot,they say that this is the only site available,not so. If you eliminated 20 acres set aside for the agricultural program then the lot, there are many other lots that would be suitable for this program. And I don't know what is unique about this particular piece of property which makes it the only site available to thein. DARROW- One minute. YOSHIOKA: So with that I'll leave the rest open for questions. KERN: Thank you. Are there any questions for testifier? Seeing none,thank you. Jan Yokoyama. YOKOYAMA: Good morning,Members of the Commission. My name is Jan Yokoyama and I live at 1300 Kaumana Drive,close to the Connections Charter School,to the proposed Connections Charter School. I have lived in Kaumana all my life,like the Otanis,the Fujisawas, the Hoshides,the Kitamuras,the Okutsus and Yamarnotos. I am also the block coordinator of the Kaumana Cave Neighborhood Watch. And we object to this project as the roads leading to the project, not only Edits Street but Kaiimana Drive,are not adequate for the increase in traffic. I am also concerted about the proposed dormitory to be built. It scares me and my neighbors that strangers to the community will be able to wander around our neighborhood day and night This proposed school will adversely affect the quality of our life and not serve the nee&of our community. Thank you for giving me the opportunity to express my concems. KERN: Thank you. Any questions for the testifier? Seeing none you all may have a seat. One second. Jeffrey Gomes,good morning. JEFF GOMES: Before I start, I left a package of information. KERN: Okay. Are you going to be speaking on this? JEFF DOMES: Yes. 25 1571 KERN: Okay. The proper protocol is for you to make 15 copies of this and submit it to us. JEFF COMES: Can I be right back? KERN: We can have the staff make copies of that and then when that's done I can have you come back in. If that's okay,that way actually all the Commissioners have something to look at. JEFF GOMES: Great. KERN: That'd be great. Okay,thank you,Mr. Gomes. So once they do that,I'll bring you back. JEFF GOMES: Sball I do the other two that I'm representing? I'm representing Loretta Crivello and Kimo Miller. KERN; Did you sign up-? JEFF GOMES: 1 did. [signed up for them. KERN: Oh,yes,here you are. Please do. So this would be on behalf of Kimo Miller. Just give me your name and area in which you live as the representative. JEFF COMES: I'm Jeff Comes. I live on Edita Street, and Kirno Miller lives on the Kaurnana Drive KERN: Okay. Your three minutes begins now. And his main c:oncem-. NOMURA; Wait a-. LEITHEAD TODD: Have Sharon check the equipment. KERN: Okay, one second. JEFF GOMES: Reset the clock. KERN: Are we good, Sharon? NOMURA: Yes. KERN: We're good on time,ready to go, Three minutes begins now, JEFF GOMES: I'm Jeff Gomes. I'm speaking for Kimo Miller who lives on Kaumana Drive. And Kimo is concerned with the traffic. And he's upset that he was not notified about any of this by his neighbor John Thatcher who lives two doors down, and he doesn't know why. In his statement he says"Of all the people who should be notified first, it should be us. The school 26 1572 s� principal who I understand lives in our area didn't have the guts to come out and talk to us because he knows it wouldn't be accepted. So now he's hiding behind your system." And I understand how Kuno feels. And so that's what Kimo wants to really put out there and that there are alternative sites;and he also believes that the alternative sites are feasible and there's nothing wrong with the alternative sites. Too big doesn't sound like a good reason not use the alternative site. You don't have to use the entire property; and that's what Kimo wants. KERN: Very good. Now you'Il be speaking on behalf of Loretta Crivello. JEFF COMES: Loretta Crivello is the owner of Crivello's on Kanmana Drive. And her concern is the caves empty out into the river behind her home and her store. And she saw the bulldozing going on,the illegal bulldozing that went on behind her property; and she's concerned that the caves will get damaged,because she knows from living there for years that massive water comes out from that cave when the river flows. And she's concerned that if they keep bulldozing and doing illegal work like they had been doing that it could damage the caves and damage her property and everybody else down below. And she also is concerned that it seems like they don't care that there are organisms living in the cave. So that's her, that's her testimony. KERN: Okav,very good. Thank you very much. And I will call you back up when we get the paperwork for all this. Thank you, Okay, Ryan Kaneko,Robin Gomez, Shinae Hirano and Jason Turner, all come forward please. Thank you. Okay, can I get you all to raise your right hands. Do you all swear to tell the truth today before the Windward Planning Commission? TESTIFIER: I do. KERN: Okay,very good. And so I need your name, area in which you live,and then your three minutes will begin. And we'll start with Ryan Kaneko. KANEKO: Good morning. KERN: Good morning. KANEKO: My name is Ryan Kaneko. I live at 1294 Kafamana Drive. And,should I start? KERN: Yes, three minutes starts now. KANEKO: Okay. My main concern is with the traffic situation that will probably arise from having a school at the location as planned. According to the site map that was sent to us by Mr. Hong,the road leading into the campus is a one-lane road. Now in the morning, assuming buses, you know, because of the vehicles, students being dropped off, the cars can only go down,they have to be stopped, and let those cars come back up. When that's happening,the traffic has to go somewhere which seems to be the short little section of Edita Street between the proposed campus and Kaumana Drive. And in fact that's, the only place is to go up and down Kafimana Drive. Now as it has already been stated by several people the roadway is not the best road and it's only going to take a little bit of rain, somebody not paying attention,not seeing the cars are stopped and, you know,you're looking at possibly very serious accidents. With the road right 27 1573 above Edita Street several years ago it helped but now people go faster. So it's areally big concern with myself anyway. And I just wanted to bring that up. And I'll give you a copy of what I was going to talk about. So that is basically what I wanted to come across with. Thank you for your time. KERN: Thank you very much. Are there any questions for the testifier? Seeing none, thank you. Robin Gomez. ROBIN GOMES: Games. KERN: Just give me your name and area in which you live. if yoU don't feel comfortable giving your address,that's fine. You can just say,Karamana, Hilo,Puna,that's fine. And name and where you live, and your three minutes will begin. ROBIN GOMES: Sure. Robin Gomes,281 Edita Street. Basically I have testimony here. I believe everyone has a copy of this. It's from Kyra Gomes. And I'm just going to be very brief about it. And basically she's 10-years old and she explains about her concerns about having this school being built directly across of her. But basically how it's being conducted right now,she's very worried and concerned,how things are being done. And she's also worried about the facilities that they're proposed to be built there with her allergies. She's afraid of that as well. But,and that's, if you have a chance go ahead and read it. It's in there. B-ut basically I also wanted to add about what I've been hearing about what,the testimonies that have been coming up here, 1, you had brought it up earlier about keeping everything with the laud planning. And 1 think there's a misconception by all of the kids that are here that the people of Kaumana don't want them or don't want the school basically not being built there and that's all. As to the school itself I haven't heard anybody that is against the school and what they stand for,but basically having it being built there is not a good thing. And if you look at some of the testimonials that have been coming up previously about the school's communication with the community,it has been lacking. And it's only fairly recently they've been trying to communicate and share. One of the engineers described that they're more than willing to work with the community with the decision to be made in saying that it's going to be built now today. That's not really working with the community. We should be exploring other alternatives. And that,we need,you know, as a community if they're wilting to work with us-. DA.RROW: One minute. ROBIN GOMES: They should be able to propose that with us as well, and we could work with other altematives. And that's what a lot of the community is looking for. And you'll hear more testimony about that as well. KERN: Thank you very much. Any questions for the testifier? Seeing none, thank you. Shine,is it Shinae Hirano? HIRANO: Yes. 28 1574 KERN: Name and area in which you live, and then your three minutes will begin. HIRANO: My name is Shinae Hirano. I live on Edita Street. My husband and I moved there 19 years ago, so we saw a lot of changes. It's not,I want the students to know that we're not against you. It's just the location of this school because we heard that 50 percent of the students are from the Puna area. Doesn't it make better sense to have a school that's closer to Puna instead of the parents and students coming up the winding roadway up to Kaumana? It makes better sense to have it closer to Panaewa. And especially the seniors,when you come up Kaumana, especially on a rainy day,it can be hazardous. It's very narrow,hardly any place where you can park on the side. And so I think that it would be wiser to find a better location. Hilo is a big town. There are many alternatives. They can find better locations than building a school way up Kaumana with a narrow winding road. And it's not the ideal location for a school. So I strongly oppose building a school up Karunana. There are many other better locations,more convenient for the parents and more convenient for the students. Thank you verymuch. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. Jason Turner, name and area in which you live, and you may begin. TURNER: Thank you. Dr. Jason Turner. I'm a resident of 1209C Kaumana Drive. My property runs up against the proposed area for development; and, specifically, the back of the property runs right up against the area that was already illegally cleared and fenced. First Iet me say that I am adamantly opposed to this proposed development by Connection Schools at this location in the Kaumana Community; and I'll do my best to fully articulate those objections. I provided those in writing so I'll just try to touch on some of the high points. First, as we've heard before they are already several schools serving the Kaumana Community, two elementary schools within two miles of the proposed site, and then Hilo Inter and Hilo High. And I think it should be noted that this community is not asking for another school. Another school is being imposed on this community. Therefore,we ask that the Commission recommend that the proposed development be moved elsewhere;ideally to a community where schools are lacking and that would better serve the students already attending Connections School. Second,as you've heard and probably will hear from my neighbors,Connections administrators have misled the Kaumana Community, and I think that's a polite word,"misled,"with regards to the fact of the proposed development. My wife and I first learned about this development,and again it runs right up against our property,the first we heard of it was June 18'h when contractors carrying machetes entered our property to tell us that a bulldozer would be coning through the next day to clear the land and a fence would be put up. When we called Connections we were put in touch with Mr. Eric Boyd who came to our property and spoke about the project and said, at that time, that they would be clearing by hand a 5-foot wide path to erect a fence, We asked why a fence was going up and he said two reason—for our protection and, second,so the community would know, and I quote, that this project "was going to happen." The next day a D- 9 bulldozer came through, and I've provided pictures of all of that,the illegal dozing and illegal clearing. DARROW: One minute. 29 1575 TURNER: For the fence to go up. And when 1 asked the contractor for his permit he put we in touch with Eric Boyd again who carne out on site. I asked Eric for the permit. He assured me that he was on the phone with his attorney who assured him that all permits were in place. And as we all read in the paper that is being characterized completely differently to the community and to the general public. I go on in my statement about reading though their EIS, specifically pages 56 and 57, about how they're supposed to do environmental siuveys for the endangered species on the property; and that they were supposed to work around the breeding and nesting dates of these species; and they have not,nor conducted surveys pre-illegal clearing and fencing. The bottoir,line is that I honestly say to Connections School administrators KERN: Time,thank you. Any questions for the testifier? Thank you, you may have a seat. Calling up Wendy Gomes, Jeffrey Meek,Les Sakamoto and June Sakamoto. Wendy Gomes, Jeffrey Meets, Les Sakamoto and June Sakernoto? Looks like Jeffrey Meek,Jeffrey? I think he's leaving. Let's see if he comes back. So if I can get three of you to raise your right hands. .Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. KERN: Very good. We'll start with Wendy Gomes. Name, area in which you live, and your three minutes will begin. W. GOMES: Hi, I'm Wendy Hoshide Game,Gomes. I live on Edita Street, adjacent to the proposed mauka portion of the campus. Every summer during the evening hours, a family past time was watching the endangered Hawaiian Hoary Bats forage for food. I have video footage of the bats, and many other residents have also seen these bats. I am a public school teacher and always proudly share with my students my experiences with these endangered animals. Sadly, extensive bulldozing and felling of trees occurred in Jame and July. The bat pupping season runs from May 15-August 15 and Hawaiian Hawk breeding season runs from March to September. This is the first summer in years that we haven't seen any bats. So 1 go on to talk about the portions in the EIS,I'm sorry, the EA. And the recommendations of the Environmental Assessment were clearly not followed. The plans mention a Forestry/Conservation Program,but the extensive clearing of`ohi`a trees and bulldozing contradict their goals. Fence lines have been erected in numerous other locations using hand clearing to lessen the environmental impact. When it rains heavily, water gushes through our property and drains into what we believe is an entrance to the lower portion of the Kaumana Caves. Judging by the flow of the water,it seems to run directly under the proposed school. Sometimes the volume of water is terrifying. We fear that the extensive construction planned will damage the cave system, adversely affect the drainage in the area and potentially cause flooding. 30 1576 I am pleading with you to deny this project because I have witnessed the environmental damage illegally done in a time period of less than two months. I can only imagine what else will happen if this project is allowed to continue. Please help us protect the aina,the cave system and endangered animals. Being a teacher, I am not anti-school. I believe you have wonderful teachers, and I know a few of them. However with the overwhelming opposition from the residents up and down Kaumana Drive DARROW: One minute. W. GOMES: And concerns about traffic, this is not the ideal location for this project. Your leaders have taken many missteps,which have lead to distrust and disbelief within the community, This is not a recipe for success. Schools and its surrounding community should be a partnership. Please consider one of your alternative sites for consolidating your school. Please be pono. Thank you. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. Jeffrey Meek, before you begin J need to get to you to raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? J. MEEK: Yes. KERN: Okay,very good. Use your microphone. Give me your name and area in which you live,and then your three minutes. J. MEEK: If you don't mind since little Miss Meek isn't going to testify I'll stand up so it's easier. My name is Jeffrey Meek. I'm a contactor in Hilo. I live in Puna. I'm also with the, member of the Order of Eastern Star Service Group that offers scholarships and hope to one day award some of these people a scholarship,these young people. And I'm really glad to see the residents here voicing their opinion; and I think this is a great forum to build more trust that's going to be needed if this does move forward. One note I'd like to make is I am a contractor for some of the Charter Schools and it's really amazing the amount of personal ownership that the parents have and the students have in these schools. And I see that there's very little vandalism. The schools are well-maintained for their budgets. And our contractors really work with them to make sure those facilities are maintained. My wife is a teacher at Connections. This is her first year. She did a cc-hort at Kaurnana Elementary. And now I'm just terrified and seeing how dangerous Kafimana is, we drove that road every morning to drop her over at the Co-hort. I mean 100 years people going back and forth there-. I didn't know how dangerous it was,but we didn't seem to have too much trouble. As far as addressing going froin Puna into town, we do, we do that every morning. James, I and Mary, and we drop off Mary off at the School; and it's nice,it's nice. Sometimes the urge to keep Puna people in Puna doesn't always work out when Puna people work in Hilo. And Puna 31 1577 0 0 people work in Hilo,bring their kids to school,pick their kids up and return to Puna. We know that because we see what the road looks like to and from Puna. I can see that, you know, there's an urge to say,well,we're not opposed to the school, we're just opposed to the location. Well, I can guarantee you in Puna if we went to build the school there, we'd have some residents that had some concerns too. I think it's a great location,I think it's a great opportunity for the students. And I know if we're involved in this,myself or other contractors,we'll make sure that what we do,we do it in a fashion that we keep the community involved. Thank you. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. Les Sakamoto, name and area you live, and you may begin. SAKAMOTO: Les Sakamoto, I've lived on Mele Manu Street for the last 20 years. Location! Location! Location! No doubt you've already heard this from a realtor. After all,it's their mantra. And for good reasons! Right house, wrong location and the resale value suffers. Right business,wrong location, and the enterprise fails. Right school,wrong location...well, you get the picture. Case in point...the new Connections School: Great concept, but wrong location!!! So just what constitutes a right location? The Hawaii County Planning Director states: "A school should be located in close proximity to where people live and near the center of probable student population. A school should not be located in an area where the students live a far distance and require to be transported via buses or vehicles." Although the Director issued a favorable recommendation for the school,I must remind the Commissioners this was done"with reservations,subject to change based on the testimonies presented today." In the Director's background report it stated"The Planning Department has not received any objections...from the general public or adjacent landowners...." Well,today we are here representing those adjacent landowners and hundreds of others who could not be present, to express our overwhelming opposition toward locating that school in Kaumana. We are not against schools,and we are certainly not against the students of Connections School. We truly want the best education for our children,for this and future generations,including those at Connections. What we are against is the location of the proposed school. Ask yourself,will the school be located in close proximity to this probable student population? The answer is no. Already half the student population comes from Puna,the fastest growing on this island. Who knows,in five years perhaps three-fourths or more of the students might come from Puna. DARROW: One minute. SAKAMOTO: Wouldn't it make sense that the school be built in or near that community? Ask yourself, will the school serve the Kainmana community needs? Highly doubtful. And certainly the numerous detriments far, far outweigh any perceived benefits. Besides, we already have many well established schools—KaRmana Elementary,E.B. De Silva,Hilo Union, Hilo Intermediate, Hilo High School. Ask yourself,will the school create a sense of community with 32 1578 its surrounding neighborhood? Again,no. Over 400 people signed the petition opposing the school's location in Kaumana because its adverse effects on our residents and our neighborhood and beyond cannot be satisfactorily mitigated, We believe there are alternative sites better suited for the school, some of which may have been summarily dismissed by its administrators as being too large or too small and other sites that were not even considered or fully explored. We ask you,the Windward Planning Commission to deny this special permit. And in so doing compel the leaders of Connections to seek that altemative but appropriate location for the new campus. Only then will the school be able to advance quickly and harmoniously to achieve its stated goals. KERN: Time, sorry,time,time. Thank you. Any questions for the testifier? ONO: Question, KERN: Yes, Commissioner Ono. ONO: You did mention that there were,I'm sorry, You did mention in your presentation that there was a petition with 400 signatures. J. MEEK: Yes. i believe that would be presented sometime today. ONO: Okay,thank you. MOSES: We have it. KERN: it's in here. Thank you. Any other questions? Seeing none,thank you. June Sakamoto,name and area in which you live,and you may begin. Please use your microphone.. SAKAMOTO: June Sakamoto. I live on Mele Manu Street. KERN: Okay,your three minutes begins. SAKAMOTO: I'm lune Sakamoto. I live near the site of the proposed school. I am not against the school or its students but I am opposed to the school being built on Edita Street. It needs a more suitable location. A supporter of the school commented that we who oppose the building of schools may not understand the impact education has on our future. On the contrary,our neighborhood includes many professionals in the fields of education, medicine, science and technology, law and so on, and they wouldn't have gotten to where they are without good educations. And, they have made significant contributions toward the present and future of our community, We value good education but we won't agree to having a school built where it makes no sense and where it will have a negative impact on the quality of life and safety of the surrounding community. If you put the school on Edita Street,you will end up with a traffic hell for the neighborhood and the people up and down Kaumana Drive. Sorry. I'm so nervous. There are safety and 33 1579 0 emergency response issues to think about as well. Kaumana Drive is a winding,narrow road with short sight distances and no shoulders in most areas. Imagine trying to get emergency services through heavy school traffic on such a road! I have experienced the frustration of school traffic in other areas of Hilo. I don't want the same thing for the people of Kaumana Drive, KERN: You may be brief. It helps. SAKAMOTO: In 2002,when the Mohouli extension was officially opened,the Star Bulletin quoted Bobby Jean Leithead Todd assaying"the$10 million cost was money well spent." She said the"narrow, winding Kaumana Drive...bas the highest accident rate of any two-lane road on the island." DARROW: One minute. SAKAMOTO: When the Puainako Extension project was being worked on it was stated the "County officials were faced with high accident rates on...Kaumana Drive" A 2444 Star Bulletin article about the opening of the Puainako Street extension referred to Kaumana Drive as "narrow and winding with drop-offs into open drainage ditches along much of its length." The Puainako Street extension was to relieve congestion and improve safety on Kaumana Drive. My mail carrier confirmed that it made a huge difference. But if Connections is allowed to build on Edita Street, we(and the County)will once again have to deal with increased traffic congestion and safety issues on Kaumana Drive. Our quality of life will be affected as well. The school administration and their attorney would like us,and you,to believe that the impact on the area will be minimal. I think they need to put on their glasses. KERN: Time,time.thank you. Are there any questions for the testifier? Seeing none, you all may have a seat. Thank you. Calling up Melvin Yoko,Yokota,Patsy Iwasaki,Marianne Takamiya and Mark Chun. CHUN: My wife had to leave so I was going to testify,just read her testimony. KERN: Okay. Dakota Helfrich? HELFRICH: I'm -. KERN: It's good for you? HELFRICH: Yes. KERN: Okay,thank you. Karen Tada, Tada, Okay, so we'll start with Melvin Yokota. Give me your name and area in which you live, and then your three minutes will begin. TORIGOE: They need to be sworn 34 1580 KERN: Oh, thank you. Can I get you all to raise your right hands. Do you swear to tell the truth today before the Windward Planning Commission TESTIFIERS: Yes. KERN: Verygood. Thanks for that. Name and area in which you live, and you may begin. YOKOTA: My name is Mel Yokota,I'm a 40-year resident of Hilo and have endured all of the traffic problems in Hilo for that whole time. You have my written testimony so I'll just focus on three areas. I believe there's goiug to be quite a few parents that drop their students off in the morning and then have to go back in the afternoon to pick thein up. My concern is for the parents that drop off and are coming down back into Hilo to go to work. They're going to encounter a long backup at the AinakoJ Kauroana intersection. And those that go right from there will also encounter another long backup at the Mohouli and Komohana intersection. My experiences over there is each green light allows only about 12 to 16 cars to pass each time at best. So that will increase traffic delays, l would say,on the order of 20 to 30 minutes at each intersection. The other area, there hasn't been any discission about the impacts of the sclwol in greater Hilo. If you look at this area bound by Haihai,Waianuenue, Kilauea,Keawe Street and Komohana, this is a heavily travelled school area and has high traffic each morning. I believe the bulk of the school population will be corning in makai of the school area; and right now it's not a problem for them to get to school. But once they start coming mauka of Kornobana Street, all of the traffic is going to be added to the present heavy traffic in the metro Hilo area So this will have a severe impact on the residents of Hilo as a whole. The last observation I have is that for the parents that already come into Hilo,those that go up and down twice to drop off and pick up their students will experience an additional hour a day of driving and increased fuel costs. By my estimate it will cost them$600 in extra fuel a year, enough to buy each student a new laptop each year. DARROW. One minute. YOKOTA: I'm done. Thank you. KERN: Thank you. Any questions for the testifier? Seeing none,thank you very much. Patsy Iwasaki. IWASAKI: Yes. My name is Patsy Iwasaki, and I live on Edita Street, very close to where the proposed Connections Charter School will be built. Mr. Chairman and Windward Land Use Commission Members,as a faculty member with the Communication Department at the University of Hawaii at Hilo, I truly believe in the transforming power of education for myself and everyone in our community. My enthusiasm for teaching and working with the culturally, socially, and economically diverse student population at UHH inspires me to constantly look for 35 1581 .0 40 ways to improve my teaching, to make learning interesting,meaningful and academically rigorous, while incorporating practical applications and real life connections. So I whole heartedly support and applaud Connections Public Charter School for pursuing sustainable community based leaming experience for its students. 1 understand their desire to consolidate the elementary, middle and high schools on one campus to build a unified faculty, staff and students. 1 even wrote an article, interviewing a number of faculty from Connections Charter School, promoting and increasing,Connections Charter School, for the Hawaii Herald, Hawaii Herald,the publication on Oahu many years ago. However, I'm writing to you because I'm opposed to the building of the Connections Charter School campus on Edita, off of Edita Street in Kaumana. Dike others in our close-knit neighborhood,my family and I are very responsible community minded, active participants of our island home. My family and I are most directly impacted by these plans because we live on Edita Street and we would be bearing the burden of the physical,environmental and social consequences of this project which includes, and it has been repeated so I'll just go over it. Kaumana Drive is a very dangerous,narrow two-lane road. I've seen and experienced myself with,you know,waiting for a half an hour or more because of accidents day and night. Tzaffic, even now I have to leave my house very early on Edita Street to take my children to school DARROW: One minute. IWASAKI: Beoause of the,large amount of traffic along K.aumana Drive that backs up. Landscape/Environment,Student Safety,Neighborhood Safety, Water,Sewer concerns,not serving the cornmunity. A large percentage of the students attending Connections are not from the Kaumana area. The school should be building a permanent campus in the community it services. Quality of life—increased traffic, accidents,traffic jams, safety of students ,and safety of residents, all these concerns would significantly decrease the quality of life of residents in the area. We live on Edita Street and my family and I and our neighbors would be most directly impacted from the above list of consequences. I would kindly suggest that the school modify their plans to seek out property and build its campus in the community it services and find another site for the school. Please know that I'm not opposed to the purpose and mission of Connections Public Charter School. KERN: Time. Thank you. Any questions for the testifier? Seeing none,thank you. So Mr. Chun since Marianne Takamiya signed up first, you're going to speak for her? CHUM: I'll read her, yes. KERN; Okay, you may begin. Give me your name though,and -. 36 1582 0 0 CHUN: My name is Mark Chun. I live at 258 Edita Street. KERN: Okay. And you're speaking for-? CHUN: For Marianne Takamiya. KERN: Okay,very good. CHUN: Dear Planning Commission Members. My name is Marianne Takamiya. I live on Edita Street. Our home on Edita Street is our life investment. Had we known the plans of Connections to build such a campus next doors,we would not have moved here. Any school that serves students who must commute 20 miles each way made sense in the 80's when oil prices were low. But given the reality in Hawaii where oil is shipped in,this project should be moved to a location closer to the students it currently serves so as to decrease uxmecessazy costs to the State by saving on oil and gas. Although I have searched in my heart,I cannot flunk of a positive impact on our neighborhood, When I asked the school principal if keikis from our neighborhood would be granted any preference to enroll in the school,he said without hesitation, "No." Why build here,then? If the school grows, traffic undoubtedly will increase. If for some unfortunate reason the school shrinks, the buildings will not be kept up; and if funding is not realized or disappears,we will be left with an albizia ridden,half-buitt abandoned property next door. Unlike the senior center project just approved, this project did not grow out of the immediate community. It's being imposed upon us. I walk with my dogs early mornings and I can see and hear the variety of birds on Mele Manu Street,which stands for Bird Song Street. Many of these birds mast live on the upper parcel Connections will acquire. The school authorities say they won't develop that parcel;but given the unprofessional and conniving way they have handled the clearing and fencing of the lower parcel and their aggressive attitude towards their future neighbors,I would not be surprised if in 10 to 20 years from now they develop the upper lot, destroying an integral part of the caves and bringing down even more of the fragile bird population of Hawaii. Regarding the campus itself, keeping up a farm is a 24-hour, 7-day a week job. What will happen to the animals over breaks, long weekends,and summer vacations? Even when taken care of on a regular basis, the stench of animal manure in the surrounding neighborhood is nothing to look forward to. Who can guarantee that the excrement and smells from their educational farm will not ruin our gardens? 37 1583 Nobody,because there is no agency under which this unusual land use will have to respond to. The neighbors will have to close their windows, stop taking walks and grow distrustful towards our leaders who did not think this project through. Thank you. Marianne Takarniya. KERN: Thank you. So then you can begin your testimony. Give me your name and you may begin. CHUN: My name is Mark Chun. KERN: Okay. OHIJN: I am an astronomer and teacher at the University of Hawaii. And my wife and I are parents of two wonderful kids—9 and 11 years old. My family and 1 strongly oppose siting the Connections School here. We believe that the proposed Connections Charter School will have a strong negative impact on our community and will impact the quality of our lives. Putting a school here does not make sense. And I'll highlight two reasons which have been, one which has been addressed previously. It's Kaumana Road Safety. As long terns residents of Hilo we know that the intersection of Kaumana and Edita and the road just mauka of this intersection has a long history of traffic, accidents. Do you remember what it was like before they put the extension in? Let me remind you those were the days when the neighbors along Kaumana Drive put up signs along the road, counting the days since the last accident(4 clays,2 clays, 1 day)and the number of accidents each month(12 accidents, 13 accidents, 14 accidents a month). We need only think back a few years to remind us that this road cannot safely handle the additional traffic. Why would we willingly go back to this? Why risk the safety of residents?Why risk the safety of the children and the families going to and from the school? The location of this project is at best badly conceived and at worst a traffic hazard to all. Another safety issue that I wanted to bring up was the Kaumana Cave safety. Iust yesterday at lunch the county emergency and fire crews were called to our street to help a person trapped in the Kaumana caves. This person was taken away in an ambulance. It is worrisome that the School plans activities,seeks out to site a school on top of caves and plan activities that take place right next to and above the caves. We know people get in trouble in the caves. Why would we willingly risk the safety of the children by siting the school here? The location of this project is at best badly conceived,and at worst a safety hazard for the children. Who benefits from siting the school at this location? DARROW, One minute. CHUN: A community does not. We have two excellent public schools in the area and we live along an already dangerous section of the road. Siting the school in Kadmana and Edita is truly a missed opportunity for the children of the school. It's not too late. You are the Windward Planning Commission and you can effect a positive change. Don't leave the state,you consider the safety and good of the community in the near-term and the long-term. This is precisely the 38 1584 0 0 view you should take now. Is this good for the community or is it better served by siting the school in a location where expansion and long-term growth can occur? Hilo is growing in other areas. The location of this project is not good planning We're not debating the merits or the types of education that the Connections Charter School can provide. As two teachers at the University of Hawaii my wife and I value the education of all of our children,. As long-term residents of Hilo that are going to be severely impacted by this project,we simply do not believe that this is the right place. For the good of the community,deny this project. For the safety of the keiki,deny this project. Thank you. KERN: Thank you, Any questions for the testifier? Seeing none,thank you. Karyn Tada. TADA: Yes,thank you. KERN: Name and area in which you live, and then you may begin. TADA: Hi. I'm Karyn Tada. I live at 259 Fdita Street. And I also submitted a letter. So as a teacher at, serving at Hilo High School for over 20 years I'm well aware of activities that run,to run a school. Along with the traffic,noise, and weekend activities, our area is not adequate to sustain a facility of that size and student count. I strong feel that allowing the Connections Chartcr School to be built will severely disrupt the dynamics of Kafiimana and Edita Street. And I'm abig supporter of education; otherwise I still wouldn't be in it. I feel that having such a facility there, as my prior neighbors and colleagues have noted that, you know, it is a safety hazard. And, you know,putting a dorm there also allows for a transient community. I have served in many school advisorships and mentored many studies. I am aware of the wide spectrum of students at Hilo High Complex serves. I wholeheartedly believe that the Hilo High School Complex provides all,to all from every socio-economic and ethnic backgrounds. My three children all have attended Kaumana Elementary,Hilo Intermediate, and Hilo High School. All have learned the value of what it means to be a part of the community,as well as being a community contributor. The Connections School has a student body that consists of at least half of students that are outside the community,outside of the Kaumana area. I'm not debating the merits of this type of education or what,what the Connections Charter School can provide. However,as resid -,as resid-, sorry,as residents I think we're going to be severely impacted by this project. I don't believe that it's in the right place, It's too big and does not serve the needs of our community. It's not close to many of the community it tends to serve. Both Kaumana and De Silva Elementary Schools are less than three miles apart from each other Q. DARROW: One more minute. TADA: And two miles from the proposed site. I feel that there were other options that were not considered that would be closer to serve the Connections students that would not have a negative environmental impact and offer more efficient use of their money spent for infrastructure and 39 1585 0 0 operational costs. So I do not support this venture. So I request that you deny their request. Thank you. KERN: Thank you. Any questions for the testifier? Thank you. You all may have a seat. Calling up Patti Nishirnoto,PauI Paiva,Robert Gomes and Allen Novak. Can I get you four to raise your right hands. Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: I do. Yes. KERN: Okay,very good.We'll start with Patti Nishimoto, give me your name and area in which you live, and then your three minutes will begin. NISHIMOTO: Good morning,Mr. Kern, Good morning,Ms.Moses,Mr. Au. Good morning, Mr.Torigoe and Ms. L.eithead Todd,Mr. Gonzales and Mr. Ono,and Friends. My name is Patti Nishimoto and I live in the Pacific Plantation Subdivision. I have lived there for four yeazs,but I have lived in Kaumana for over 40 years. My family has lived in Kaumana for over 90 years. Four generations of my family continue to live in Katunana. Over the years,Kai3.mana has experienced its fair share of growth. I am not opposed to further growth and development. But whatever growth that is imposed upon this community needs to be of the right kind, should meet the needs of and benefit the community. Being an educator, I am very aware of the excellent area schools that already serve our Kaumana Community. Many are,according to the No Child Left Behind Act,"in Good Standing". To have an additional school in such close proximity would be excessive and is unwarranted. Though I understand that a charter school is not obligated to serve a particular geographic area, there is concern that the large majority of the student body do not reside in the Kaumana Community. The daily influx poses many concerns. How will such a school grow into an already well-established and aging community? Would it be reasonable and fair to ask the KaEunana Community to bear the environmental, infrastructural, and social impact issues,not to mention other deleterious effects yet unknown or undetermined given the construction timetable of 16 to 25 years? Growth must be planned thoughtfully,with deep consideration for those closest to the change. Careful consideration must be given, even more so, when those closest to the change feel so strongly that the detriments outweigh the benefits. Thank you for considering my testimony as you decide the fate of our Kaumana. KERN: Thank you. Any questions for the testifier? Seeing none, thank you. And Paul Paiva, naive and area in which you live, and then you may begin. PAIVA: Hi, good morning, afternoon. My name is Paul ScottyPaiva. I live at 1169 Kaurnana Drive,which is about 100 yards makai of Edita Street, Good Morning, Commissioners: We've heard a lot about the school and the great work that they have done with the kids. But this is not 40 1586 why I am here today. I am here today to ask that the school not be granted their request to build their campus in the middle of our neighborhood in upper Kaumana. Instead of working with the neighborhood in a positive fashion they have attacked us with name- calling and media attacks. I feel offended that I have been accused of harassing the students because I have a yard sign saying"No Connections in Kaumana". I have dedicated over 27 years in public service working as a police officer, firefighter, paramedic, and an officer in the Coast Guard Reserve and don't appreciate these accusations against my family and me. This has left a bitter taste in my mouth; and this is one of the many reasons why I don't support his project in my neighborhood. Other reasons include,but not limited to: Inadequate roads, increased traffic, social anxieties,inadequate water supply, drainage and runoff: I thank you for your time today and for your continued service to our community. Thank you. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. Robert Gomes, name and area in which you live, and then your three minutes will begin. ROBERT GOMES: Good afternoon. Thank you to the Commission for hearing testimony today. My name is Robert Gomes. I'm a lifetime resident of Hilo,the Big Island. I'm a licensed pastor here in Hawai'i. And the reason I say that is because I have a lot of friends and family that live up in the Karamana area, and this whole situation has created a lot of stress and anxiety with a lot of the unknown that they still live with. I ask the Commission to expedite your decision to disapprove this area. I'm also a falltime worker for the County of Hawai'i; and I want to make it clear that I don't speak for the County. I'm the low tech level guy. I'm the guy that goes out there and does the scrapping and the cleaning,and we take care of the streets. And I can confirm and tell you that this area or road on Kaumana Drive is already a traffic hazard. Any improvements that can be done will only help that problem that they have existing right now. This enormous facility that they plan to put here will have a dramatic impact on the traffic. Funny thing is I reside in Keaukaha and we've learned to live where you can't make any more changes. You just have to live with it. The school is not there yet and there's a lot of things that can be done to avoid things later on down the road. Where once it's there there's nothing you can do about it. The other issue at band is it rains a lot in Hilo. And,I guess I can attest to that. And when it really rains it really rains. And in his particular area water moves in such a volume. We've been there where we've set up road blocks and we've manned barricades. And with this amount of development you're going to either direct or try to redirect a lot of water. And we've learned throughout history when the water wants to move it will go where it wants to go. DARROW: One minute. ROBERT DOMES: And I can't speak for the people there in the area but I know the people downstream will be the ones directly affected by this enormous amount of water that is being redirected because of that development of the land. As it is right now the land itself absorbs 41 1587 most of the volume of the water that does move through there. So between the water and the traffic and the inability of the area,if anybody has driven up in that area,it's really hard to do any type of improvements on the roads because there's,the shoulders are narrow. We have flood control ditches in the way in people's property and stuff. So you can say that the improvements and stuff will be done or the easements from Puainako into the area, it's just a bad decision and a bad location. And I thank you for the time. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. Allen Novak, name and area in which you live, and you may begin. A. NOVAK: Allen Novak. I've been a resident of Mele Manu Street for over 18 years. I'd like to preface my written testimony which I believe you all have copies of, I'd like to preface that by saying that, sharing my personal opinion,having been the co-founder of any organization called Therapeutic Horsemanship for the Handicapped in which I not only help to establish the organization but participated in the daily maintenance of our equestrian livestock-. And I want to,I'm also an animal lover. I have a master's degree in animal behavior. I want to share with you that horses are grazing animals. There are no trails on which to exercise thehorses, the terrain is unsuitable for horses,it will damage their hoofs. In the horse community there's a saying no hoof no horse. A laine horse doesn't have much of a future. And I believe it would be inhumane to stable horses without daily exercise. Getting to any written testimony, I wish to address the credibility of Connections Public Charter School's administration. In Mr. Ted Hong's letter of Oct. 10, 2012,he represents that Connections was the victim of a heinous crime on the part of On The Line Fencing when the fencing company brought bulldozers to clear within the subject property. The letter states that Connections did-not know what was being done on the property and stopped the work as soon as they found out. At first I didn't give this much thought. But then it occurred to me,atter a while I began to realize that it just didn't make sense. I live on Mele Manu Street and I must drive by the subject property to get to and from work each day,because Edita Street is the only entrance and exit from my home. I observed the bulldozer on the property daily while it was there and recall it being on the property for at least 3 nainutes(sic). Also the work didn't stop until the clearing was completed and the fence around the lower 37 acres was finished. It seemed odd to me that such a large project could go on for such a long time without anyone from Connections being aware of what was happening, especially since the School Principal lives near the property and running of the bulldozer could have been heard from his home. I called On The Line Fencing and spoke to a Mr. Bohn Gonsalves. He assured me that prior to the work, a contract had been signed by Connections which specified that a bulldozer would be used on the property, that the work was inspected by Eric Boyd of Connections,while it was in progress, and John Thatcher was aware of the bulldozing, He told me the bulldozer had been on the property at least three weeks clearing, and clearing had completed prior to them being told to stop and the fencing was completed. KERN: Thank you. Questions? 42 1588 AU: Mr. Chair? KERN: Yes, Commissioner Au. AU: Thank you,Mr. Chair. I have a couple of questions for you. One question is Mr.Turner lives adjacent to the property and he shares your same concern about a bulldozer and a fence. Where do you live? A. NOVAK: I live on Mele Manu Street about halfway up Mele Manu Street from Edita. AU: Okay. Second question is do you know if the fence is six feet,over six feet? A.NOVAK: No,it is not. AU: Would you say five feet? A. NOVAK: Four feet. KERN: Thank you. Any other questions for the testifier? Seeing none,you all may have a seat. Thank you. Calling up Norine Okuhara,Joy McLeod, McLeod, sorry,M. Bishop, and Rowan Kelly. Can I get you all to raise your right hands,please. Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: Yes. KERN: Okay, very good. We'll start with Norine Okuhara. Your flame, area in which you live, and then you may begin. OKUHARA: Okay. My name is Norine Okuhara. And my husband, Henry and 1,have lived at 1209-B Kaumana Drive for over 40 years. And so I live right next door to Jason Turner. And Jason was working in Kona that weekend and his wife came up to my property and was, you ]mow,naturally over excited with three men approaching her carrying machetes. That is when we found out about Connections. Okay? Prior to this I had never received any notification, none,none of the meetings,nothing. Okay,we are not against the students. We're not against the School. We're against the principle of the matter. And my main concern is their water rights. You've heard Councilman Ikeda. He talked about not having sufficient water rights. So what's going to happen? They'll use up all the water and I can't use my water because they'll be tapping into my water? Because I live right below Edita. And so I've gone up, I even looked at it. And, you know, the property right above me,they had bulldozed right next to the person's chainlink fence. And, you know, I looked at it and personally I don't scare. Because what's to stop them frorn doing other underhanded things? Excuse my language but, you know, it doesn't sit well with us, with the community. And, you know, don't get me wrong,kids, we're not against you folks. We're against the way things were developed. DARROW: One minute. 43 1589 OKUHARA: And,you know,I worked at Connections one year. I enjoyed the students there. But 1 don't like the way things have been proceeding. So please consider our feelings and, you know,please vote against this project. Thank you. KERN: Thank you. AU: Mr. Chair? KERN; Yes, Commissioner Au. AU: Quick question. Would you classify the bulldozing work as grubbing or were they actually altering the landscape? Or were they clearing the land or they were just grubbing? OKUHARA: They were actually clearing the land. And -. AU: Like were they moving rocks and stones and turning things over,snaking it flat? OKUHARA: It's totally flat. It's totally flat. And it looks over one acre. AU: So you wouldn't consider it grubbing? OKUHARA: No,no. AU: You would consider it-? OKUHARA: And I should know because my husband retired from construction. KERN: Thank you. Any other questions for the testifier? Seeing none,thank you. We'll go to Joy McLoud(phonetic). MCLEOD: McLeod. KERN: McLeod, sorry,your name and area in which you live,and you may begin. MCLEOD: My name is Joy McLeod. Y live on Hokulani Street. I am a lifelong resident of Kaiunana, a proud graduate of Kaumana Baptist Keikiland,Ernest B.De Silva School and Hilo High. I am a true Kansnana girl,homeowner and resident. And 1 believe that our community will be negatively impacted by the traffic this school intends to force onto Kadmana Drive at least twice a day, The outdated and invalid traffic study completed in May of 2009 concluded this project will have little or no impact on traffic that cannot be mitigated, The individual who did this study doesn't live in Kaumana. Whereas I have driven on Kaumana Drive for 34 years and I know the dangers this road can impose. A recently completed residential development off Hokulani offering 39 units sold 14 units in one day on November 3,2012, and will add more cars and construction vehicles to Kaumana Drive 44 1590 0 0 and Hokulani. According to the Hawaii County Police Department,Kaumana Drive alone has had 232 vehicular accidents in 2011 and up until October of 2012, 191. Over recent years I have learned to practice defensive driving as mostly mauka-bound drivers have been hugging the center line of Kaamana Drive to avoid having to slow down while driving through the many bends and curves of Kaumana Drive. I am keenly aware of driving habits as my son was hit by a car,although not on Kaiunana Drive, while crossing the street suffering critical injuries. The police determined the vehicle was speeding as my son was thrown 25 feet of the impact. This happened 22 years ago that it stays with me today. I'm concerned for all pedestrians,not just for those reside in my neighborhood. I conclude by adding that this is my first time participating in this process and I'm stepping out of my comfort zone mainly because the school has taken to use the media and other means to gain sympathy and support for this project. The issue is of safety,traffic for all residents. And I ask that the school consider an alternate site and that the Planning Commission vote against this project. Thank you. KERN; Thank you. Any questions for the testifier? Seeing none, thank you. M.Bishop,name and area in which you live,and your three minutes will begin. BISHOP: M. Bishop,a homeowner in the Kaftan area. Board,neighbors, students, aloha KERN: Aloha. BISHOP: I want to bring up the water issue again,4200 gallons per day. I know you're going to have some testimony from authorities here so they're going to give you a better recap. The alternative for that lack of or less than one quarter of your daily requirement for the facilities and people of this school,it's 42,000 gallons a day,that's it,the alternative is drilling. They're going to drill for a well. This has a cave,natural preserve,it's indigenous lands. There are a lot of flaws with the alternative. How can we approve a facility and the operation of facilities on a daily basis,let alone projected basis for 65 years,with that short of necessary needs as water? That's my comment. Along with that I would lice to say that OHA who is a party in this process,being that DLNR and OHA are synonymous,they responded with the letter to the EA to the school, to the principal,I don't know what his name is,that KERN: Mr.Thatcher, BISHOP: Mr.Thatcher,thank you,that they were pleased to see that the environment,the indigenous plants,process were,cultivation were all ongoing with the aspect of native community and propagation of indigenous service. Now Mr. Thatcher has already crossed the line of not being pono,the way the land was bulldozed,the way the fence went up,the way that people that have the operations worked out. It wasn't good. It's wasn't very good. So thank you for my time. KERN: Thank you. Commissioners,any questions for the testifier'? Seeing none, thank you, Rowan Kelly, give me your name and area in which you live, and you may begin. 45 1591 0 0 KELLY: My name is Rowan Kelly. And I don't live in Kaumana but I live on up Kawiki Homesteads Road in Hakalau. And I'm in the fifth grade. And ever since my first day at Connections Charter School,I've been here since third grade going now, I've been treated by kindness from the students and the staff and the teachers,of course. And the one I have right now is one of the best teachers I've ever had in my life. And my skills in language arts,math, spelling,handwriting,science and social studies have all improved ever since I've come to Connections. And I gust want you to help us build the new Connections in Kaumana, even though I'll he long gone by the time you finish it. But,anyway,I just want you to help us build it. And thank you very much. KERN: Thank you. Any questions for the testifier? Seeing none, you all may have a seat. Thank you. Let me call back-. ONO: Mr. Chair? Mr. Cham KERN: Oh, yes, Commissioner Ono. ONO: Can I ask for a three-minute recess. KERN: Yeah,five? ONO: Five, KERN: Five minutes? ONO: Yeah. KERN: Okay, five!-minute recess. RECESSED--The Chair called a short recess at 12:40 P.m, RECONVENED—The Chair reconvened the meeting at 12:47 p.m. KERN: Okay,now we're calling the Windward Planning Commission meeting back to order, continuing on with public testimony. I'm going to call up Jeff Gomes,again,we have the paperwork here. Jon Shute who had signed up said that he had to leave. Leyane Novak? L.NOVAK: Layne. KERN: Layne. Please come forward, Layne Novak. Naomi Lemieux,sorry. Okay, and Arcturus Kainalu, Yrondi, apologize for that one too. Okay,is Arcturus here? PUBLIC: He left. KERN: Okay. Gabriel Quander, Gabriel Quander,no? Seneca Helfrich? 46 1592 PUBLIC: She had to go back. KERN: Aukoa Marsh? PUBLIC: Gone. KERN: Jordan Niro? PUBLIC: Jordan is gone. KERN- Tedd Selden? SELDEN: Right here. KERN: Okay,can I get you all to raise your right hands. Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: Yes. KERN: Okay,very good. We will start with Layne Novak. L.NOVAK: Ob, that's me, Layne. KERN: Layne. L.NOVAK: Yes. My name is Layne Novak. I live on Mele Manu Street. I have a map here. We had been going door to door these past few months getting signatures and talking to people about this Connections School project. If you look at the map,and you have my testimony, you'll see that the majority of the map is red. And I'd like to show you a big map. The dark green is the school. The red shows all the people that are opposed to that school,to the location of the school. I would have had more red but there wasn't enough map. I ran out of map. We have over 500 signatures of which you have copies of And I just wanted to let you know that-, you know, when Connections said that they went door to door,I didn't get anybody coming to our house. 1 didn't get anything left behind saying that said we tried to reach you. And I find it a little disconcerting that,you know,they're making these, they're saying these things. I'm going to deviate from my testimony. I want,I believe it was Mr.Au that asked Mr. Hong how many meetings,what were the dates of the meetings, and how many people were in attendance. And Mr.Hogg did not answer that question. And I want Mr.Hong to answer that question just to make sure that you know when those meetings were and low many people attended. No. 2, 1 walk my dogs in the neighborhood. My husband and I, we have five dogs. They're large dogs. We know, so we got to know the entire neighborhood. When i see a suspicious vehicle or when I see suspicious activity I call the police. The fastest the police ever came up was 15 minutes. Most of the times they take half an hour, sometimes they don't even show up. 47 1593 And when I called, when I asked them to call me back to let me know the status,majority of the time they don't. DARROW: One minute. L.NOVAK: Thank you, Mr. Darrow, So with concerns of security,my security,I'm really concerned that the police aren't going to have time to come up to my neighborhood, to my house,because they have better things to do or they have other things to do. That's all I have to say. Thank you very much. KERN: Thank you. Any questions for the testifier? Seeing none You are signed up to speak on behalf of a few other individuals. L.NOVAK: Yes. KERN: Would you like to -? Can I have you pause on that to speak on behalf of them? I want to give the others an opportwiity,and we'll come back to that. L.N OVAK: I signed up for more people but they have already testified. NOMURA: Microphone,please. L.NOVAK: I'm sorry. I had signed up for way more people but they had already testified themselves. KERN: Okay, right. L.NOVAK: So I only have Jessica and Gail Ogawa and Shelly Cravalho-Wagner. KERN: Okay. So,in that case,why don't you go ahead, and we'll let you do those right now. We'll finish this out. After this group of testifiers,we're going to take a brief lunch break. So this is for Gail and Jessica Ogawa. Please give me your name and who you represent, or who you're speaking for, and then you may begin. L.NOVAK: My name is Layne Novak. I am representing Jessica and Gail Ogawa who were not able to attend because they were out of state. Both of them are pretty much the same,the letters that I submitted to you. So I'm just going to read mom's letter, Gail. Myname is Gail Ogawa and I arra a resident of the Pacific Plantation Subdivision in Kaurnana, Hilo. I am writing to you to express my concern regarding the proposed Charter School's plans and respectfully ask that you clone,excuse me,deny this project. My family and I have lived in this subdivision for over 15 years now and enjoy the friendly community and peaceful setting we have here. My husband and I chose this community as our Moine to raise our children because it is a safe and quiet environment with very little traffic. It is a community where our children could walk freely,play, and visit with their neighborhood 48 1594 0 0 friends and not have to worry abo-at being in danger. It is a place where we can take afternoon walks with our fellow neighbors without fear or intimidatioa by outside strangers loitering around, about the area Although my children are grown now, I am concerned that the building of this school will bring these kinds of activities in our neighborhood to an end for children of the next generation,our fellow neighbors,and for my husband and I as we move into retirement. According to the Police Department,building a school in a residential area will affect the quality of life for its residents by increasing noise, crime and traffic. It would be very disappointing to see the safe,peaceful, low traffic community that my fancily and I moved here for disappear. 1 strongly feel that a residential community is not the right place to build a school of this maotude. I believe that there are many other promising and practical land options for this project that should be explored and considered. Additionally,the roads on Edita and Kaumana Drive are not designed to accommodate the kind of traffic and congestion a school would generate. The traffic would include parents of the students,high school seniors who will most likely be driving their own cars,buses, and a]1 of the school's faculty and staff. DARROW: One minute. L.NOVAK: Although the 2009 traffic study suggests minimal effects on normal traffic with the establishment of a school, this study is outdated and invalid. In 2009, the Saddle Road Improvements were just in its infancy. Witb these improvements, the amount of cars now traveling on Kaumana Drive has certainly increased(and I am a witness to that),being that it is a faster way to get to the other side of the island. Adding the school's traffic to this,it will surely have an impact on our commuting schedules and overall quality of life. Therefore,I humbly ask you,Members of the Conunission,to deny this application. Sincerely, Gail Ogawa. KERN: Thank you. So one more.that's for Shelly Cravalho-Wagner. Give me your name and who you're representing again. L. NOVAK: Yeah,I apologize. This is one testimony I didn't make ten copies of, so I'll get it to you. KERN: Okay. L. NOVAK: I was in such a rush this morning. My name is Layne Novak and I am reading Mrs. Shelly Carvalho-Wagner's testimony. She states that"Although I am unable to be present in person this week,I hwnbly ask that my written testimony be considered when determining if the Connections Charter School is a good fit off of Edita Street in Kaumana. What I request that you consider is the safety and impact,not just to our Pacific Plantation Subdivision but the impact to Kaumana Drive as a whole. 49 159 I lived in Kahului"dream city" growing up. In our subdivision we had approximately 80 homes with two entrances. As our community grew,there was a need for an additional public middle school. My parents were told that it would boost their property value,and because school was Monday through Friday, while everyone was at work, we would probably not see the impact. Well the school was built,roadways were expanded and Maui County even installed a traffic light to what was previously a four-way stop. Aesthetically the facility was beautiful. Our quiet neighborhood however changed forever. What increased was not property value;it was the daily traffic in and out of our neighborhood A bunch of neighbors including my dad was out on the perimeter of our neighborhood on a daily basis painting over graffiti and cleaning up lots of litter." You guy are going to be like that,right,with kids? No,of course not. It was personal time and money on paint and graffiti cleaners to keep their property from depreciating. We even built like our neighbors a higher wall to block students from walking on our fence and getting hurt. I ask you to ponder, what reasons did you have to purchase the property you currently reside in? You may all come up with similar answers-quiet,safe, neighborhood, close to town,value, etc. I'm sure you realize that residents in our neighborhood are hard-working and have invested their life's salaries to live where we do. We would never have purchased a property that would have been a risk to our safety or impact our family negatively in any manxn-ter. i am not against the school being built, I am concerned about the"after the fact"planning or proposing of such a school. The impact it will have on Kaumana Drive and impact it will have on Edita Street on our daily lives will be significant. Bottom line,I ask you to consider,is this proposal a good fit for our current infrastructure in KaUmana? Now if you were living in our neighborhood would you feel the same way as us or would you approve this project? You need to think about being in our shoes. Thank you very much. KERN: Thank you. Jeff Games. JEFF GOMES: He'd like to switch with me if it's possible because he has to leave and I can stay. If that's okay. KERN: That's fine. Okay. I'm going to put you further down the list then. BRILHANTE: Sorry about that. I've got to take my boy to Kona this afternoon. KERN: Narne, area in which you live,and then your three mimates begin, BRILHANTE: Sure. My name is Chris Brilhante, I live at 60 Hoohoaloha Street in Hilo. And I'm a former resident of Pacific Plantations. I'm a realtor. I'm a son of William and Kathleen Brilhante. My father developed Pacific Plantations in the late 80's and 90's. I'm not here to speak for him,however I do know that he is extremely proud of the community that has developed that is Pacific Plantations. Pacific Plantations is a truly unique and special place with many owners being here from the very start of the subdivision so long ago. Many have chosen to Live here for the rest of their lives. My mom owns a lot that she has kept in anticipation that some day she will move to Pacific Plantations and live out her days. Pacific Plantations is the 50 1596 type of community that makes Hilo so special, safe,quiet, secure. it's a throwback to the communities and subdivisions of the past when neighbors knew and interacted with each other,a real sense of aloha that has been lost in many other places. Pacific Plantations is a hidden and well protected gem that the residents really hope that you guys will protect. The only reason that I'm getting emotional is because I've been a realtor for 23 years. My dad has,you know, done a lot of developments in East Hawaii for over the course of over 3 0 years. He is very,very proud of his developments,and this is one of thein. And I've been Chainnan of the GAC Committee for the Hawaii Island Board of Realtors for many,many years and I've gone through a lot of testimonies. And most of the times you have a lot of people in favor or opposed to something, and then you have several, a few people that come and testify,you know, on the other side. To have this many people,this quality of people,an overwhelming area, saying that this is not the right fit,they want Connections,it's a great thing,but not in this location,please listen to the voice ofthe people that live in this area. Please,please,please, okay, and preserve their way of life. That's wbat they're telling you. They want to preserve their way of life, and you guys have the ability to do that. And please listen to their concerns. Okay? That's all. KERN: Thank you. Any questions for the testifier? ONO: Yes. KERN: Commissioner Ono. ONO: Mr. Brilhante,earlier there was testimony that there were inquiries made on the possible development further down by your, I guess, your company, that they would be seeking access, use of your subdivision road so that they could have another access/exit to your subdivision development should it pass. Did any of the representatives of Connections come and see you about that? BRILHANTE: You have to get clarification on the lands surrounding Pacific Plantations. That's actually owned by my father. Okay? I've been involved in the first two increments of Pacific Plantations. I'm not involved in that particular development. And so I can't speak on that. ONO: Okay. 'Thank you. KERN: 'shank you. Any other questions? Seeing none, thank you. BRILHANTE: Thank you. KERN: Naomi Lemieux? RUSHLOW: John Rushlow? KERN: Did I call that name? John Shute? 51 1597 RUSHLOW: Rushlow. KERN: You're on here but you're No. 67. Sorry,no,I called John Shute,but she said he had to leave. I could see how maybe that got confused. I apologize. I've got to call them as they're signed up. So have a seat and we'll get you back up here. Is there a Naomi Lemieux? PUBLIC: She left. KERN: This is Jordan Biro? SELDEN: Tedd,Tedd Selden. KERN: Tedd Selden,okay, you're back, Selden,Tedd Selden. Very good,you're up. Give me your name, area in which you live,and then testimony,three minutes, SELDEN: I am Tedd Selden and I live in Waiakea Heights,Hoolaulea Street,905. Well,good afternoon. My name Tedd Selden. I'm a 14-year old and in,the S`h grade at Connections Public Charter School. I'm here to support my school for a chance to have a better education. Please let me tell you a short story about my family. Last summer my sister was diagnosed with, Ewing's Sarcoma,bone cancer. To get the best treatment, our family had to leave Hawaii. We were gone for a year in Seattle where she got chemotherapy and had many surgeries. While we were away Connections teachers worked with my sister at the hospital school so that she could coatings her education through her fight through life. The school also did fundraising to help with medical-related stuff. When our family came back to Hilo Connections opened its arms, their arms to us,and gave us a family welcome. But this is not the only time Connections has helped my family. I'm proud to say I have autism. Long ago when I was ready for kindergarten my mother DARROW: One minute. SELDEN: Went to the neighborhood grade school to talk to the people theme. After a counselor from the school told my mother that there didn't seem anything,there didn't seem to be anything wrong with me,even though my mother had all the papers from the Oregon Early Intervention School and letters from several doctors on the mainland who diagnosed my autism,the school didn't care. My mother went to another school, and another one. These regular schools rejected to give me the special support that I needed at the time to get an education. But then we found Connections. Instead of a school counselor they sent me to a local psychologist who confirmed the diagnosis. I was able to get help at that school, For years I had to have a social aide with me and each one of them has taught me lessons I'll never forget, like how to talk to people or interact with others. Wbat I learned help me be here today. This is one of the reasons why I'm upset about the things some people in Kaumana are saying about our school. Maybe the few neighbors who say those untrusting things think that some of 52 1598 0 0 the kids in our school come from poor families,they should be in the nice neighborhood. This gives me sadness to think that people who think bad things about my friends-. KERN: Time's up. Thank you very much. Any questions for this testifier? Madam Director. LEITHEAD TODD: I just wanted to make a comment,and I want you and your classmates to under this, so I'm hoping that you can go back and tell them since most of them left. Ultimately any decision that's made here will be based on land use issues,traffic.issues, environmental issues,water availability issues. It is not based on the program or the quality of the education that Connections or the students that attend Connections. It's going to be based on is this an appropriate site,does it have the necessary infrastrumre to support a school here? And it's not at all going to be based on the curriculum or the students. I really want you to understand that that's really what is coming from the neighbors. It's not that they think this is a bad school. It's not that they think that it's bad students. It's that their primarily concerned about traffic and whether this is the appropriate place to put it. And if you were going to put it there what would you need in order to mitigate the concerns of the community. It's not about the school and the curriculum and the students and the teachers. I really want you and your fellow classmates to understand that. Because I think everybody agrees that it is a wonderful program. I'm familiar with Connections when it was up in Mt. View and my best friend's kids were going to school and she taught at,she was a teacher's aide up at Mt. View. I'm familiar with its program elsewhere as it moved. We've worked on other permits for it. But I really want to snake that point because I don't want the students to feel that this is a community against the students and that it is about rich versus poor or prosperous. This really is about traffic. I grew up on Kammana Drive and I'm familiar that,the traffic has improved greatly with the Puainako Extension. And I think what you're hearing from the community is a concent that with the Connections campus there that it will return back to what it was like before and that it will exacerbate existing problems on it. And so I really want you to understand that. Because it's a good school,it' a good program, and I know that there are good students there. So I want you to be able to communicate that to your classmates. And thank you very much for signing up and testifying. You can see that there were adults that were shaking and nervous,and so I thought you did a wonderful presentation; and you're a good representative of your school. KERN: We are going to now take a lunch break,a short lunch break. It should be about 30 minutes. So we'll reconvene in about 30 minutes. 'Thank you all. RECESSED—The Chair called a lunch recess at 1:10 p.m. RECONVENED—The Chair reconvened the meeting at 1:40 p.m. KERN; Will the meeting come back to order. Let's continue on with our public testimony portion of the meeting. I'll call up Kangi, Eden Patino,Alexandre Wilhelm and Flo Kubota. Kangi? Eden Patio, Alexandre Wilhelm,Flo Kubota,Aileen Fuke, Ivan Mochida,Karen Maedo, Tom Raffipiy, Carius Kalvaitis, Brando L.orusso. Okay,we've got four. I'll get all four of you 53 1599 to please raise your right hands. Do you swear to tell the truth today before the Windward Planning Conunisslon? TESTIFIERS: Yes. KERN: Yes. Okay,very good. So before you begin,I need your name, area in which you live, and then you may begin. We'll start with Flo Kubota, KUBOTA: Good afternoon,Mr. Chairman -. KERN: Good afternoon. KUBOTA: And Members of the Planning Commission. My name is Flo Kubota and I live in the KaOmana area. I'm hereto testify on behalf of-iny friend Wayne Kanemoto who is unable to be here today. He's off island. And with your permission,if I may,I'm also like he is,a retired educator from the Department of Education. And I have experience both in the classroom as well as in administration;and I generally agree with his analysis. And with your permission,I'd like to read his testimony. To the Windward Planning Commission from Wayne Kanemoto. Subject: Connections Charter School,Kaurnana. I oppose the building of the Connections Charter School in Kaumana, Schools are usually built in a location to serve those in their community. They play a major role in the life of a community, serving as a place to gather, a focus of support thru advocacy and finance, a safe haven for our children as well as a source of pride. Students in this community are not the priority of the school. The majority of the students of the Connections Charter School do not live in this community. And,in my view, Connections has not met or addressed these things. As a school administrator and teacher,on Oahu and to this island, school support from the community was a critical component for success. I would solicit and consider input from the community when making decisions ranging from financial priorities to curriculum directions. I have not seen Connections take effective means to engage the community. Meetings were held by the Connections to provide information and solicit questions. I did not experience contacts that addressed how Connections would benefit me and the community as a whole. As a good neighbor Connections has not gathered community support, and this may be an indicator on how they may behave in the future. DARROW: One minute. K.UBOTA: Connections has not been recognized as a school of excellence, from what I have researched. Charter Schools that succeed,as with any other school,must demonstrate the ability to improve academic achievement. Connections has not met the Annual Yearly Progress and is in restructuring. 54 1600 0 0 Another concern is the sustainability of any school without a reliable financial commitment for construction and school operations. Public schools have faced a struggle for existence which has been further compounded by the economy. As an administrator at several schools,l have experienced challenges that Connections will face. Unless there is sound financial commitment the possibility of survival and prosperity is slim to none. In summary, Connections does not have my support because they are not focused on students in our community,they have not taken effective measures to gain support of our community,they have not-. KERN: Sorry,your time is up. I'm sorry, KUBOTA, Oh,thank you. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. Aileen.Pike,give me your name and area in which you live, and you may begin. FUKE: Hello -. KERN: Hi. FUKE: Mr. Chairman and the rest of the Commissioners. My name is Aileen Fuke, and I live on Nlele Manu Sheet, a stone's throw away from the proposed Charter School. I taught in the public schools for nearly 20 years and our residence, as I said,is only,is less than a stone's throw away from the proposed school. Initially,I was not going to testify because I am not comfortable speaking in public and it would have also been redundant of the testimonies of our neighbors. However,there was an incident which happened between my husband and the applicant a few months ago; and then more recently,having the community accused of bulling and harassment because of its opposition to the project,I can no longer remain quiet. My husband, Sidney, is a planning consultant. He could not be here today, as he had to attend a State Land Board meeting in Honolulu. He appeared before you on behalf of the Regency South's planned skilled nursing facility in Kaumana,which you approved a few months after all issues were addressed and members of the neighboring community expressed their support. He coordinated a May 11t11 community meeting on that project before the application was filed. After the meeting, he was approached by the principal of Connections. Let me read you excerpts of a string of email—a full copy of which attached to this testimony—that describes this encounter. May l4,2012; After the community meeting, Sid emailed his client, Greg Pyle of Regency South,the following: "Greg: Could you please share with me what exactly did the fellow from Connections Charter School tell you about me acid their project? He made a lot of personal accusations then and I wondered what he told you. Thanks." 55 1601 Greg replied: "Hi, Sid: He didn't say much about you other than you were`stirring up trouble' against his project. He more threatened me that he has a number of people who will cause problems for our project if you do not change your tune about this. For what it's worth, I told him that I hoped he would judge our project on its merits and that we would not be held hostage,—It is unfortunate that he is resorting to such tactics...." DARROW: One minute. FUKE: May 1 STH,via email, Sid informed the Planning Department of the community meeting and of this encounter. This was shared only as a pre-emptive measure to alert the Department of possible extraneous reasons that may surface against the Regency project. He then emailed his client,"If your want me to step away from the(Regency)projmt—in light of the`threat',I do understand and have no problems with it." And his client responded by asking him to stay on. Okay, also attached is a subsequent email between another member of Connections and Sid, apologizing for the behavior of the principal and requesting the name of the person who had concerns about their project. This email only further confirmed the incident. In my opinion, Sid and his client were clearly the victims of bullying,bullied to the point where they were willing to end his role with Regency to save the project. He is a very forgiving person and told me that"life will go on, so don't worry about it." True,as it may be,let me close by saying that this bullying is very shameful on the part of Connections and its principal and sets a very bad example for the school. I hope you consider denying this project. Thank you very much. KERN. Thank you. Any questions for the testifier? Seeing none,thank you. Ivan Mochida, name and-. MOCHIDA: Mr. Chairman and Fellow Commissioners,my name is Ivan Mochida and I am building my home on Edita Street near the proposed school. I arra a small contractor and have been involved in building on properties that also require approvals by the Commission and Council. Thus,I am familiar with the importance of working with the neighboring community. I£I had known that the school was going to be built there,I would not build my home. I was hoping to live and retire in a peaceful residential community. With the school,however, all of this would be lost. The noise impact would be great. The traffic impact would be huge. The quality of life that I sought would be gone forever. In turn, this diminished quality would reflect in the reduced value of our properties. It is certainly not fair to ram a land use with such a huge impact into a small residential community. Don't get me wrong. 1 am not against anything happening on this property. I believe that there are many uses that require Planning Commission approval that I would be supportive of. Some 56 1602 of these uses include a nursing home, small medical facilities, or even childcare facility. The impacts of those kinds of use would be benign. Like my neighbors,we believe that schools are needed. We just believe that because of its huge impact,the site would be in the wrong location. It would be no different than having a Costco or KTA supermarket at this site. Good use,wrong location, Please help us by asking the applicant to find another location and by denying this request. Thank you. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. Brandon Lorusso? LORUSS4: Yes. KERN: Give me your name and area in which you live, and you may begin. LORRUSO: My name is Brandon Lorusso and I live in Papa'aloa, which is a great distance from here; and I attend Connections Public Charter School, And I go to the High School at Nani Mau Gardens and also employed by the School. I,from Papa'aloa to the center of downtown is roughly 23 miles, and from there the trip through downtown and across Railroad Road up to Nani Mau Gardens is about maybe another 5,6 miles. So I travel close to 30 miles a day to get to the school, because I believe it's a great school. It offers me and my classmates great opportunities not only academically but they've also employed me so I could own my own car; and for that I'm very grateful. I, it might sound like I come from a far distance from the other direction,also being that I live about a one and a half miles from Laupehoehoe High School which also turned Charter. But there are people who travel farther from me in that direction as well—my sister's best friends travel from Honokaa to go to this school. Now travelling that distance is very dangerous. Just being, living on an island is dangerous. Whenever it's raining our roads flood all throughout the entire island, and there are rockfall hazards,especially where I'm going through cause there's a gulch. And I can't tell you how many times I've been driving home at night after working for many hours and with my highlights touching a rock and then I'd have to slow down greatly and pull around it to get out of the way. Now the arguments against traffic, if there is an easement,wouldn't it reduce traffic? And,also traffic increasing,this traffic is going to be increasing all over the island. We have a greatly increasing population in many areas, also Puna, so traffic will be heavy everywhere. So either we can address it or we complain about it. That's all I have to say. Thank you. KERN; Thank you. Any questions for the testifier? Seeing none, thank you, You all may have a seat. Ellen Patine,Jeff Gomes,Brenda Camacho, and Kimberly Meyers. I'll get you all to raise your right hands. Do you all swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: Yes. 57 1603 KERN: Okay, very good. And we'll start with Eden Patnio. Give me your name and area in which you live, and you may begin. PATINO: Good afternoon. My name is Eden Patinio and I'm from the Kaumana area. I actually Live on Chong Street. Let me read my letter. Dear Windward Planning Commissioners. Today is a very special day. It is my son, Santiago Patinio's birthday and it has been an incredible eight years watching my son grow from birth until now. I am a proud Connections Public Charter School parent to two beautiful boys, Santiago and Joaquin. Santiago is currently in Mr.Manley's second grade class and Joaquin is five years old and in Mrs.Taylor's kindergarten class. I am a stay-at-Dome mom who is currently active in the Connections ParentlTeacherdStudent ohana and a volunteer member for the Down town Improvement Association. I am affiliated with the Manch of Dimes,Hawaii Chapter,and an advocate for education for our students. I used to work at Karnehameha Middle School,Hawaii campus, and decided to make a sacrifice to stay at home to raise my children and to give them the best quality of life possible. I remember eight years ago that we needed to think about what school should Santiago attend. I'm an event planner by nature and so, even before Santiago could talk,my husband,Mario Patina, and I both started to visit schools in the local area. We wanted to find the best school for Santiago. And,as new parents, we knew that ideally we would have loved to send him to a private school;but this was not feasible for us financially. We did not like what we were hearing about the elementary schools and their class sizes being large. Then, we heard about Connections at the Kress Building and decided to check things out to find out that there was a wait list already. I remember visiting the office and Santiago was still at Keiki Steps. He was two years old. It was only 2005 and the office already had a waiting list for the kindergarten class of 2010. We decided to tape the application since it gave our family options for his education. Why was there a waiting list?Santiago was only two. You would have thought that he would be the first one in his class to be in. It turns out that the current students already attending had siblings . DARROW: One nvnute. PATINO: And those siblings already had their enrollment paperwork. Another reason, Connections has different teaching methods. My husband being an educator at Kamehameha Schools, he's a National Board Certified Teacher and he liked the innovative teaching methods (DASH, Measure Up and STEAM.). STEAM is now the science technology, engineering, arts and music. Connections was providing this to our students. We had visited the school and liked the teachers and the small classroom sizes. So we knew that in this private setting they would be individual attention. Our concerns with the location, one of the things was it's a tsunami zoned area. What would happen if a natural disaster would occur? That is always in the back of my mind every time 1 58 1604 drop my sons off to school. Connections is a wonderful school but it really isn't a safe haven, especially during natural disasters. Another we had question we had was what about physical education -. DARROW: Time. KERN: Time, thank you. PATINO: Okay, thank you. KERN: Any questions for the testifier? Seeing none, thank you. Jeff Gomes,name and area in which you live, and you may begin. JEFF GOMES: My name is Jeff Gomes. I live on Edita Street. You know,the only reason we can figure that John Thatcher wants the school where it is is because it's across the street from his house and he wants his horse barn on his property so he can have his horses nearby. Nothing wrong with loving horses,but it's not the place for it. He has been asked repeatedly by Dr.Fred Stone not to have any animals on the upper end or,parcels on the property because the sewage from the animals will kill the organisms that live inside the cave; and John knows this. And he's claiming to be environmental but he's not. He still wants to have his horse barn,he wants to have goats, chickens,pigs, cows, he wants to have all these animals on there; and he's not concerned about what goes on inside the cave. And he knows that the sewage is going to kill the organisms inside the cave. At the community meetings that I attended, John Thatcher told us that they're going to hand clear,they're only going to hand clear, they're environmental. They're going to hand clear for the fencing,they're going to hand clear for the buildings,the kids are going to come up and help. First thing they do is they bring up a bulldozer. And they hire, you know, look at what they hired? I handed you the handouts. They hired drug dealers and they hired burglars, you know. And I cannot believe that the families involved with Connections would allow this behavior. How they,bow would they be okay with that? Look at the local school board minutes. I handed it to you, it's in there. They're supposed to do background checks. So they hired these guys. And I felt like they did that to intimidate us and just to bully us. Cause what we're going to do, right? They're not breaking the law. They're just bulldozing,fencing. But then he fired the guys after they complete the job. They complete the entire job,they bulldozed,they put in the fence,they fired them. DARROW- One minute. JEFF GONIES: October 8,h, while men are at work, John Thatcher sends Eric Boyd to walls through our neighborhood alongside his white pickup truck with a driver and the passenger door open for his quick get away as he attempts to harass our women and children in our neighborhood by taking pictures of them to send a clear message to me and my family"We know where you live." I called the police and the responding officertells me Eric Boyd claims he's taking pictures of our signs to use at today's hearing. Please ask him to produce these signs, 59 1605 I want to see the pictures to prove that that's what he was doing. Because I believe he came to our neighborhood to terrorize us. That was a cowardly move,and by an administrator, Please,please,don't let them do it. Don't let them do it. He has got a pattern of lying and making up things that didn't happen. Don't let them do this. They're going to get carried away and they're not going to follow rales. KERN: Thank you. Thank you. Any questions for the testifier? GOZALES: I have a question. KERN: Commissioner Gonzales. GONZALES: You made a reference to a Dr. Stone? JEFF DOMES: Dr.Fred Stone. GONZALES: Yes,Dr.Fred Stone. Is he here today,by chance? JEFF COMES: No,he's not. GONZALES: Okay, what kind of a doctor is Dr. Stone? JEFF GOMES: He is a,he works at the University of Hawaii at Hilo and he is a speleologist, the guys who study eaves. GONZALES: Very good. All right, thank you. KERN: Any other questions? Seeing none,thank you. Brenda Camacho? CAMACHO: Hi. KERN: Name and area in which you live,and you may begin. CAMACHO: Good afternoon, Chairman Kern and Members of the Windward Planning Commission. My name is Brenda Camacho and I live on Mele Manu Street. As a pediatrician,I know the importance of an education, and the educational opportunities offered at the Connections Charter School are not being questioned here today. However, I do agree with the many concerns over the adverse traffic, adverse environmental, and safety impacts that will occur with this project in Kaumana. In my opinion this proposed school campus is too large for the infrastructure of this community. As many have already spoken about the traffic and safety concerns,there is another large concern which really hasn't been looked at yet or tapped upon, and that's the lack of adequate water for the students, for their school, for their staff. Based on the information,contained in the application, the project will require 26,000 gallons of water per day. The existing County water 60 1606 0 0 system will be able to supply about 4200 gallons per day; and this is roughly about 16 percent of what's actually required for the school. So how are they going to obtain the 22,000 gallons that they need per day? Well,what they propose is that Connections will implement a water catchment system to obtain the 22,000 gallons per day. Well, that's an incredible amount of water. Now Hilo does receive a lot of rain. We get about 130 inches of rain per year. And at an average,which is about a third of an inch per day,the school would need to have,roughly calculating, about 102,000 square feet of roof surface in order to collect this water. And they have to collect every single drop, every single day. Now another option to this would be to build a new water system, and going through the steps a County Council approved improvement district where the majority of the neighbors would have to agree to help fluid a Iarger water system and actually end up paying for it also. DARROW: One minute. CAMACHO: A new well with a sizeable holding tank, a sophisticated pumping system to deliver the water would cost in excess of about 2.5 million dollars. And at this time,there is no community support for the school and I'm sure no support for increasing our own water bills to fiend this project. Connections Charter School does deserve to have a facility and we all agree upon that, however, Kaumana, the infrastructure of Kafimana is grossly inadequate in terms of its roadways and water supply to support such a campus. I humbly ask for your consideration of these issues and to deny this application. Thank you. KERN: Thank you. Any questions for the testifier`? Seeing none,thank you. Kimberly Meyers, name and area in which you live,and you may begin. MEWRS: My name is Kimberly Meyers. I live on Kamana Street. I am bom and raised from Hilo,5`h generation. I graduated from the University of Alaska. Half of that time l spent in Europe. Growth is imminent. And it's really surprising that I remember growing up that there was a proposal for Hilo streets to be fixed,to be bigger,to support our growth. Hilo people do not want growth. They do not want Hilo to become like Honolulu. Growth is imminent. People move in Hilo all the time. I'm not from Puna, I've never lived in Puna. 1 am from Hilo. My clildren started out at St.Joseph School. There is a reason why they go to Connections. I am very familiar with the public school system,and there is a reason why Connections has a wait list. My father is Dr.Joseph Bratton,a very well respected psychologist that has worked within the school systems. My uncle is Dr. Carvalho. And I take it personally when the people at Kaumana are bullying my children and tell me that my children and their friends that I have known for over four years are delinquents. And my son is also a green belt in Mr. Canda's Tae Kwon Do. He is a very well respected in the community and he lives in upper Kaumana. I am also,have experience with horses for 20 years. You cannot get a greener animal than a horse or the manure. And they do not smell. So this is personally taken whether they mean it or not. And as far as traffic,they had years, years,if not decades,to fix upper Kaumana. And I know Mr. Thatcher, I know Mr. Boyd,they're not bullies, they're not criminals. They work very hard 61 1607 with the children to give them opportunities. And let me tell you,I know a lot of these kids. I also teach dance there and I teach dance at De Silva as well;and the children at Connections are not delinquents, they work very hard. None of them are bullied; and all of them are given the opportunity to grow. And these are our children,the children of Hawai`i. These are your future. Thank you. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. You all may have a seat. Let me call up Piper Selden,Patrick Kaawa'aloa. KAHAWAIOLA'A: Kahawaiola'a. KERN: Kahawaiola'a. Desiree Hoewaa-Fontanilla and John Rusblow. I apologize,Patrick. Your name is still challenging for me. I'm working on it. KAHAWAIOLA'A: KahawaioIa'a. KERN; Kahawaiola'a. Okay,so we'll start by having you all raise your right hands. Do you swear to tell the truth today before the Windward Punning Commission? TESTIFIERS; Yes. KERN. Okay, very good. We'll start with Piper Selden. Give me your name, area in which you live,and then you may begin. SELDEN: My name is Piper Seldon,I live in Waikaea Uka here in Hilo. My friend Tedd testified earlier. KERN: Go ahead. SELDEN: I would like to advocate for a campus for Connections. Many of the testimonies have been silenced because the kids and their families had to go back to school and work. Not all Kai mana area residents are against Connections. I'm the another of two children who attend the school and were here. But I'm not merely a parent, I'm also a doctoral student and teacher at UH. In addition,for the past 8 years I have taught conservation and waste reduction classes for the County of Hawaii. P.S., animal waste is not sewage,it is manure and can be composted. It's an important distinction. I mention these things to you today because 1 have a deep respect for the important work that happens at Connections Public Charter School. The faculty and staff are progressive and their teaching methods, with a focus on sound academic and environmental stewardship. It surprised me to hear that some had portrayed the administration of Connections as being disrespectful to the land. I'm also shocked to hear testimony of heresy storing of emails that our principal,a kind of man of integrity,would bully anyone. He was instrumental in bringing an antibullying program to the school, as a matter of fact. Please know that this is not an accurate representation of the school, it's faculty or the vision of the school that it inspires or lives up to. 62 1608 Man does not grow like population does, despite the efforts of our island's volcanic activity, And I can't think of many roads anywhere in Hilo or Puna for that matter with terrific road access. Traffic problems are pervasive everywhere. The new school will be in someone's back yard. Yes, a portion of the students come from Puna,but a good portion live here in Hilo. So many of, you]mow,many of us,others have testified that school services should be near where the students are located. Well, I live here in Hilo area near Kaumana. We are your neighbors and your community,so I'm not sure what the presenter meant earlier when she was talking about the right kind of students. What do we do? Continue to crowd our students into already crowded schools? Nine years ago when my husband and I hoped for sornething else,my son was denied services for special needs at the two public schools that feed into Waiakea in Hilo. That's why we found Connections, because a fair and appropriate education for some students isnot being met by existh-igpublic schools. My husband and I drove to the new kind school,progressive school, with focus on the environmental issues,where our kids would receive education to inspire critical thinking,to mix with children from other cultures and ways of living, and eventually to become productive members of society for our island, for all communities. In this new century we need innovation,but not at the expense of heart. Connections fosters both, Thank you. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. Patrick,name and area in which you live, and then your three minutes will begin. KAHAWAIOLA'A: My name is Patrick Kahawaiola'a. I'm a native Hawaiian as defined under the Act. I live in Panaewa on the Hawaiian Home Farm Lots. I have ohana on Mele Manu. That's the reason I'm being here. But I think the subject matter here today before this Planning Commission is land use. So it has nothing to do with people. It's about land use. And I just needed to find out to be sure,because if there is an argument later on what the decision of this Commission is, I just needed to get clarification in my mind that this Commission meeting is held under the rules of Chapter 91. So if it is under Chapter 911 don't have a problem because I can always contest it at a later date. So I just need that clarification, if this body right now,what we're constituting based on having it recorded is under Chapter 91. KERN: Why don't we get that answered after. Looks,the Planning Director will do that. But continue on so that you can use your three minutes. KAHAWAIOLA'A: Sure,okay, And so this has to be because the mandatory rule making procedures of Chapter 91 makes for public input. The document that I'm looking at is the County of Hawai`i's Planning Department Revised Recommendations. In the first paragraph, and there's no signature on the end but I'm going to assume because it's from the Director that it's from our Director Ms, Leithead Todd, that in the first paragraph it says"Since this reconnnendation is made without the benefit of public testimony the Director reserves the right to modify and/or alter this recommendation based upon additional information presented at a public hearing,"which we are today. So this, this is where,the fundamental thing I see is wrong is that there is a conflict in if and when there was public testimony. Has this Coirunission seen that testimony? Because I think Mr. Au asked that earlier. Were there committee meetings,who 63 1609 attended,names? So if those things are presented then I think it's proper for this body to move on what's being asked for a special permit. DARROW: One minute. KAHAWAIOLA'A: So with that said, it's the DOE's processing that right now charter schools are under. I have two charter schools in the community I represent,Ke Ana La'ahana and Kanu O Ka`Aina. My grandson attends another charter school,just probably for the reasons that parents mentioned. Under the DDE process it's, it's pretty dismal. So charter schools have a little bit more flexibility. However, charter schools are still governed under the DOE so it is still about district exemptions,who can attend it,how far you've got to go, So those things need to also be made aware. But today i just wanted to be clear, as far as my ohana is concerned they're on Mele Manu,it's not about the children, it's not about the people that expressed that. There are people that,who should have been following processes. And that process is going to be followed. So I think this body needs to look at-. KERN: Thank you,Patrick. Madam Director, you want to address the question? LEITHEAD TODD: Patrick,because this is an application for a special permit of land greater than 15 acres, the process is,is that the Planning Commission either makes a denial,or recommendation for denial and then the application dies here. Or if they recommend approval it goes to the State Land Use Commission. And the State land Use Commission is where there's an opportunity for the contested case. Because it's a two-step process. The Planning Commission can basically kill an application through a denial of it but, and which can be appealed to the Circuit Court. Or they can make a recommendation for approval,which will then go up to State Land Use Commission, at which point then you have an opportunity for contested case. And,obviously, depending on the outcome,there's an opportunity to appeal from that decision to the court system. As for the specific language that talks about public hearing,it's usually this public hearing where I have an opportunity to hear input, additional information; and then at the conclusion of that public testimony,if I feel it's appropriate then I can make additional recommendations or additional comments on the application to the Planning Commission. KAHAWAIOLA'A: Very good. Thank you for that clarification. KERN: And I have one question or you,Patrick. Could you pass the mike back over. I'vee wanted to clarify—are you for or against? KAHAWAIOLA'A: I would probably be against based on the language that is in here. Because if the proper process was not followed then we have a problem,because knowing that the Director has reservations. And that is, and I guess the key would be reservations without public testimony. KERN: Okay, thank you. Desiree Fontanilla,name and area in which you live, and your three minutes will begin. 64 1610 0 0 HORWAA-FONTANILLA: Aloha,my name is Desiree Hoewaa Fontanilla and I live in Volcano. I have four children that attend Connections and two children that attend Ka Umeke Kaeo,so I'm in the Charter School districts. I believe in charter schools, especially Connections. I'm from the island of Maui. And coming here I did my homework before I came here on what schools are best for my children; and no public school bad done any justice for me. I have ten children altogether, six that go to school at this time,two more coming up to Ka Umeke next year. Now when we were talking here,I've been here all day,just like everybody else, and I noticed there's a lot of stuff going on about we're not here about the children. True,this is about land, and I understand that. So why can't we come to a compromise to where the school and the community can find a different way that we can work hand in hand together, instead of everyone fighting each other here. Cause it seems like a really big issue that everybody is talking about all kinds of stuff that has already-- If anybody that have come up here has ever researched anything about Connections School,they don't have any problems with criminal acts and all these kids that you're talking about doing all these things. People are shaken-up here and crying about their 100 years that they've been living in KaErnana,and it seems like they're really scared that these kids are going to move into here and these criminals-. I don't understand that. I don't know what's going on here. But bullying and everything, can people just stop and just look around? It's about education, not just for Connections children but maybe one day Kaumana kids would want to go to that school also. DARROW: One minute. HOEWAA-FONTANILLA: But all this land carne from somewhere and it obviously came from the State. And if the State gave the land to Connections, they knew Connections is one charter school;and this is what they're going to use their land for,to teach the kids. So why would the State give the land to Connections if they knew that this was going to happen,? Obviously no matter where you go there's going to be someone who has questions and is going to say I oppose,I oppose. That's life. Traffic,everything is going to happen,no matter what part of this island you're going to be in. But bottom line,we all live on the Big Island and it's an awesome place to live. I thank you every day for being here,and I'm very thankful for that. But can we just stop and took around and put our heads together and say hey, can we find a better way that these kids can be part of this,that we can work together,can we find an easement, can we find a different way? KERN; Thank you very much. Any questions for the testifier? Seeing none,thank you. John Rushlow, Rushlow? RUSHLOW: Rushlow. KERN: Rushlow,naive and area in, area you live and then your three minutes will begin. 65 1611 RUSHLOW: John Rushlow. I live on Kaiimana Drive. My property is just adjoining to the proposal site of the school. I'm here today to oppose the school. And for the matter is not because of the school or the children itself but by the way things have been brought out from the beginning up until now. I'm a landowner. I've lived there for 50 years. Like a few other people I was not made aware at any time about the school being built, about the fencing coning in, about the bulldozing going in. I sat and waited and watched the bulldozer come in, I watched the bulldozer pour out hydraulic oil into the stream. I was told that there's nothing I can do,if anything call the Connections School. I called there, I left messages,never got any phone call, nothing back. I seen trees, '6hi`a trees. I was told by the fencing people that the trees was to be bulldozed one blade wide. If you go up there and look now you'll see that it's about three bulldozers wide. The trees, I seen trucks come in and out, trees being harvested to be sold. And,you know, that makes me think the representatives that set this up,who are they,where were they to look over this,what was going on? Why wasn't the community, you know,talked to and asked what was their input,how do they feel about it? 1 was not asked. Only time I heard anything about this school or anything being done was in the newspaper after the fact when they say,oh,the lawyers, you know, contact the lawyer if you have any questions. And I think that is all wrong,you know. So that leaves a funny taste in my mouth,you know,make me think they cannot be trusted. The representatives of the school cannot be trusted,that's how I feel about it. So that's why I'm here today to oppose the school being built. And that's my say. KERN: Thank you. Any questions for the testifier=? Seeing none, thank you. You all may have a seat. Callingup Kerri Marks, Carol Gray,and I'm going through the list of people that I called prior that were not here. This will be the Iast call—Kangi,Alexandre Wilhelm,Karen Madeo? NMDO: Maedo. KERN: Maedo. Thank you. Okay,can I get you all to raise your right hands. Do you swear to tell the truth today before the Windward Planning Commission? TESTIFIERS: Yes. KERN: Okay,very good. We will start,let me go backup. Alexandre Wilhelm? WILHELM: Yes, sir. KERN: Will you take the microphone and give me your name, area in which you live, and then your three minutes will begin. WILHELM: My name is Alexander Wilhelm. I live on Kamna Street here in Hilo. I'm just here to touch on some of the facts that are, well, obviously,very incorrect about the school and the sites. For one, the little design that you saw of the school, I can't really show you but the one that you saw with the one drive, it is obviously a prototype. They're still early in the developments. So there always are going to be changes to that. Like they'll probably add a back entrance and more parking lot, for instance. 66 1612 Also,I'd like to touch on the fact that the caves—Hawai`i is basically the number one tsunami place, and tsunamis come from earthquakes,and we are basically on a very active volcano. So there's always earthquakes. You can't feel now,but if you're underground you can definitely feel. If you would think that this cave stood there for hundreds of years with all these powerful earthquakes, it would still be there after the bulldozing, which is definitely as powerful as even the minor earthquake. And what organism would be in the, this is my question, would be in the cave? Moss,centipedes? I'm not aware that there would be any bats in the cave. So -. And as you know it is getting to winter and most aerial mammals will not be coming out as often as you would see since there are not many birds out. There are building up their nests to sleep longer and have a very slight hibernation. And also I'd like to say that Mr.Thatcher and Mr.Boyd tried their best to go door to door and tell everyone. You can never get to everyone every single person. it's basically impossible. So I'd like to say that. And when some people said that Mr. Boyd would,thank you,would go and take pictures harassing their families,that would be incorrect. As you saw in the video there,he took pictures of the signs only to prove and just show in this hearing. That's all I have to say. Thank you for your time. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. Kamen Maedo, and I apologize I called too,first, starting from the top of my list again so maybe we'll all -,name, area in which you live and then you may begin. MAEDO, My name is Karen Maedo and I am testifying for Sidney, Sidney Fuke, who is unable to be here today. I am sorry for not being able to personally testify on this matter due to another commitment on Oahu. Although I am one of many impacted neighbors,as a planning consultant and one who makes frequent appearances before this body, I was hesitant to publicly share my thoughts with you. However as the relationship between the applicant and many of the neighboring residents deteriorated to a very low and ugly point,I felt compelled to offer a few thoughts for your consideration. You have or will hear testimony regarding the adverse impacts this project will have on the surrounding area. These are testimonies not directed against the concept of education or this school per se or its students but-because of its adverse impacts-the appropriateness of this site. Some of these concerns,and i will just reiterate: The traffic, the water,the wastewater,the quality of life issues. Permit one to kind of concentrate on Sid's"Good Use,Wrong Location": This is community consensus. There is community consensus; and you've heard all day that in concept schools are good. The overarching question,however,has been whether this is the appropriate location. The consensus is that the requested use is too big. It's trying to squeeze its way into an existing built up residential community and creating adverse infrastructure and social impacts along the way. The petition against the school at this site is clearly evident that the community is loudly saying all day that this is not an appropriate site. It has not been point out,if it has not been point out,however please note that the recently constructed schools on Hawaii Island(not counting the smaller charter schools)have been two public schools—Kea'au in Puna and Kealakehe in Kona—and one private—Kamehameha,also in Kea'au-their locations are all on the outskirts and not in the heart of their respective communities with good 67 1613 0 0 vehicular access. The communities there can even eventually choose to build around it and not the reverse, as it would be here. The report examined only State lands in Hilo. It did not look at lands in the Puna District. And even at that,it dismissed many State properties as being too large, without even considering their potential for being subdivided. In conclusion, if approved, I sense that the required support from the community that help make a neighboring school successful would be absent. If denied,the applicant will have to continue its search for another site. And should that be the situation,I would be willing to volunteer some of my professional time to help them to evaluate the appropriateness of a potential site-. KERN: Thank you. MAED0. Tliank you. KERN: Any questions for, any questions for the testifier? Seeing none,thank you very much. Kerri Marks, name, area in which you live, and you may begin. MARKS: Good afternoon everyone, I'm Kerri Marks. I live at,on Pakalana Street in Kaumana city. I only found out about this whole thing because as I drive up and down the hill to my home and I saw signs in the yard. So I started looking for it,and I saw the press release that Mr.Hong was going to be speaking down at the Kress. So I went to that to try and get more information. And,and when it was over Mr. Hong asked me who I was and I said I live, I'm a neighbor,I live up the hill. And he says, "Oh,you're the opposition." So I know I'm going to focus on land use in a minute but I just think it's really stunning from the stories that I've heard today. And that's my only,I only,I've got to say I've only known about this for a week. That's my only interaction with them, but it was negative. And to his credit the principal came over and tried to rectify it. Cause I said,you know,I'm not the opposition,I'm a neighbor, I'm a neighbor. Wouldn't they want-? I have here children at Kaumana Elementary School. 1 graduated a Valedictorian from Hilo High School. These are good schools in this area. E.B.De Silva School and Kaumana Elementary School are probably the two best schools we have in Hilo town. Okay? So that's why you don't see a lot of neighbors here testifying about how this would be an awesome addition to our neighborhood. That's all we see, is negative impacts so far. Okay. And so on to the land use which is another serious consideration. If you could divert the entrance to the Puainako Extension, I think that would alleviate a lot of people's major concerns about the traffic situation. That being said,I travel a lot between Kaumana City and the Puna area. I attend a lot of meetings down there, I have friends down there. And the way I get there, the way to go is the 68 1614 0 0 Puainako Extension to Waiakea Uka. That's where you go. Puainako Street itself is a nightmare and I know-. DARROW: One minute. MARKS: One minute. I know they're working on fixing that but that's a few years out. In the meantime, we drive over, over. That's where people go,up and down between Kaffmana and there. So you do need to consider those traffic considerations at Waiakea Uka and how they're going to get through town and to there Other than that,horses produce the manure, and that would be the hard part to gather up. If it's a hydroponic sustainable system,what do they need manure for? Thank you. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. Carol Gray,name, area in which you live, and you may begin. GRAY: My name is Carol Gary,and I'm one of those dreaded Puna people. I'm also a teacher at Connections; and over half of our students actually do corn from the Hilo area. And I had not planned to testify today but we had many children who patiently waited while people who couldn't be bothered to come had third parties deliver their testimony. And our children stayed in. And their parents need them to go home,so we had to leave,have thein leave. Charter Schools in Hawaii have not been well served by Hawaii Land Use Law. Siting has been a huge issue. The first school I worked at was at Waters of Life where it was in a tent because of the difficulty in finding locations. Many of the cbarter schools draw their children from all over, and that is the nature of it. And so I ask you when you think about that community that you need to think beyond the neighborhood of Kaumana. They keep saying the community is against us,the community is against us. You are not the Kafimana Planning Commission. You are the Windward Planning Commission. You serve the needs of East Hawaii. The children of East Hawaii need locations for charter schools. We exist. I teach in a classroom with walls that only go up six feet tali because of it's a repurposed department store building. Our other,our high school location is in a former hair salon and spa with very tiny rooms. We have been patiently getting through this process so we can have a real school. It will,it will serve a wide community. And I'm sorry the people,that there were mistakes made and the process of communication with the community was maybe not handled the way it should have been. And I apologize for that from the depths of my heart. But the reality is we're educators, not project planners. When this project is okayed,we will have professionals to deal with that kind of thing and, hopefully,will no longer make the kind of mistakes that maybe were made in the past. But I ask you to think about the needs of the wider community that you serve, because you are the Windward Planning Commission, and think about the future of the children of East Hawaii. Thank you. KERN: Thank you. Any questions for the testifier7 PUBLIC: 1 have. 69 1615 0 0 KERN: Commissioners,questions? That does happen from time to time. Okay seeing none, you all may have a seat. Thank you very much. Is there a Tom Raffipiy7 And is there anybody else out there that would like to testify that has not testified so far? This is the last call. You've already-? RAFFIPIY: I submitted. KERN: It has been submitted. Anybody else that's here to testify? Okay, seeing none -. Hi. Thank you. Do you swear to tell the truth today before the Windward Planning Commission? RAFFIPIY: Yes, sir. KERN: Very good. Please use the microphone. And give me your name, area in which you live, and you may begin. RAFFIPIY: Tom Raffipiy, I live in Puna. Puna people are not that bad. We're good people. We like to live with people in peace and be friends with everybody. I've heard this moniing about,you know, social problems that we're going to bring,that we're going to be loitering around, graffiti. And I think that one young man over here that was, that sat over here,I think he spoke probably against that kind of stuff where,in accusations that they do graffiti and stuff. You go down to Connections, you never see graffiti outside. They're good kids. I've been here so many times. And I have two daughters going to that school. We live in Puna and we commute, wake up 5 o'clock every morning, Monday through Friday,to get down to the school. We just gotta adjust our lives. All right? The concept plan at this time,still it can be changed. And I invite the K.aumam Community to be part of this process so that we can figure out how we can live together and work together to educate these kids. Not too long ago we had the tsunami over here and, you]mow,it scared my kids about this. I think it's just like Russian Roulette we're playing with You know,we're lucky that we have advance warning. But you may have one that we don't have advance warning,like the one in Samoa in 2009. 1 was part of the rescue. Although I was not directly,I was in the co-ed,the central disaster area where we direct the people in the field. But the emotion right now for trying to deal with my soldiers,right now the emotional damage is, you know,when they have to rescue young people and old people that they were not aware because it was during school time,they were taldng kids to school-. Just like here,even in Samoa, that's how it is,right around the coastline. DARROW: One minute. RAFFIPIY: Thank you. And right now, so we're still dealing with the, with all the emotions. I've been to every corner of this globe. Here we are trying to get a place to go to school. I've seen kids where they get,they stay in thatched roof,they stay in cardboard,they stay just to get education. Our kids like to get educated in a better facility than the constricted building down there where they cannot do anything but just stay in that building,do recess in the building,you know. 70 1616 i i So please vote to build that school up there in KaumawL That's the only place at this time that we can find to have our kids to be educated. Thank you very much for your time. KERN: Thank you. Any questions for the testifier? Seeing none,thank you. You may have a seat. That concludes the public testimony portion of the meeting. Ted,you want to come up? HONG: Well,I would assume that the Commissioners have some questions and we wanted to rebut some of the misconceptions -. . NONWRA: Microphone,please. HONG: Oh, I'm sorry. I assume that the Commissioners had questions and we wanted to cerCffory1 ll in the blanks regarding-. KERN: Have a seat, and we'll see if there are any questions. Do,yes? HONG: I just,in case the Commissioners want to know,I mean, we have our professionals here and they're willing to enlighten or dispel some of the misconceptions=egarding'traffic,the water issue. I certainly want to address the illegal bulldozing, the cave issues, communication and the location issues. We can briefly touch on that to,I think, give the Commissioners a better perspective or at least a fuller perspective of what's going on. KERN: Madam Director? LEIT HEAD TODD: Well, I did have one question that kind of looked up at me. In the packet that you provided you have a listing of surrounding properties by TMK and mailing address. HONG: That's correct. LEITHEAD TODD: So I'm referring that that,I couldn't quickly locate it,but I'm assuming that you did a mass mailout? HONG: That's correct. LEM4EAD TODD: And I saw a number of the people who testified who said that they had no notice; and yet I saw their names on the mess mailout. When was this mailed out? HONG: Every time we had a meeting we used that list to mail out notices of that meeting. For example the June 3`d meeting,the September 2°a meeting,2011,the April 27`h meeting of 2011, excuse me, 2012. We used that mailing list. Every mailing that we made, and I don't have a list of them,because we mailed the notification of this meeting, and an amended notification of this meeting. We used that list. And I don't have them all handy because the person who would know that from my Office, Sue Lee Loy,is right now at the happiest place on earth with her family,Disney Land. 71 1617 Anyway,I just wanted to touch on the June 3, 2011 meeting, there were 15 people. Ms. Yokoyama,Mr. Chun,the Iwasakis, the Sakamotos were there, September 2,2011 which was my mistake in terms of a,when I answered Mr. Au's question earlier,it was meeting of September 2,2011,there were 35 people there,a number of which testified today. Apri127, 2012,22 people were there, a number of which who testified today,I think including Mr.Fuke and his wife. The other thing I wanted to say is that we did walk door to door. The instructions were in -walking door to door,if it said No Trespassing, No Solicitation, if there was a gate up,if there was a dog,because we're talking about students they were instructed not to go in. But we did go to every house that was on Mele Manu and Edita that we could that was open and available. So, and I know that personally cause I was there. That's the communication issue. We also note that there's a petition of 3 06 names that we'd like to submit to the Planning Commission in support of our petition. Let me also quickly,there's an October 29,2012 letter to the Planning Director regarding the list of property owner that we sent all our notices to. And I just want to address the bulldozing. You know,we apologize for the bulldozing. It was illegal,we agree with that. We hired a contractor to do a job. We were notified by somebody in the community that these guys were bulldozing much greater than we anticipated or contracted for. They hired a sub. And I have Mr.Eric Boyd here who is willing to testify. He got out in front of the bulldozer and stopped these guys;and we did stop these guys. We filed a criminal complaint which is in the materials that we submitted. We filed a complaint against the contractor with the DCCA to show that we were responsible. We admitted that this is what happened,but we didn't know about it. They were stealing`ohi`a logs from the property,which they shouldn't,that we filed a police report about. We were the victim of a crime. Was it illegal? Yes. When we started it the Department of Public Works said we didn't need a grubbing permit because of the amount of land that we were going to be covering. Based on the scar that was left upon this land, they now cited us for not having a grubbing permit. And at no point in time, even when we were before the Board,the Land Board a couple of week ago,we freely admitted— these guys did it,they didn't have permission. We're not here to make any excuse. We're here to take the responsibility for that. The fined us about$500 something dollars,plus the administrative fees, And we're going to pay it out of the operational budget of the school. So was this bulldozing illegal? Yes,it was, Did we know about it? No,we didn't. And when we found out about it,we stopped it. And the suggestion that we stopped it only after the project was done is misleading at best. We were actually engaged in litigation as Mr. Torigoe sitting there,he, we're sending stink lawyer letters back to their lawyers. I mean it's going back and forth. We haven't even paid them the full amount of the contract because of this dispute. I just want to touch on quickly the location issue, When we're talking about the land use issues, one of the concerns I have, and I think the Commission needs to address this,is because the Office of State Planning has found that our proposed use is appropriate on this land, the 72 16' a a Department of Land and Natural Resources has found that our proposed use is appropriate for this property and this area, the Board of Land and Natural Resources has agreed that this is an appropriate use on this property, with an East Hawai`i representative. Regarding the location,people were concerned about school, about bringing students from other areas in. The question I have is what about Kamehameha Schools out in Keaau? They service students from Waimea, all the way to Kau. They bring their students in to the campus. You want to bring up a location issue where schools should be only limited to a geographical area or certain district? I challenge that. I don't think that's appropriate here in the 21'Century. I think it already happens in a different way. And that's what Connections and charter schools are all about; and that's why we represent them. One of the major issues that came up today was traffic. I'd like to,because his flight,call on Phil Rowell to address that particular issue. KERN: Before you begin, can I get you to raise your right hand. Do you swear to tell the truth today before the Windwaxd Planning Commission? ROW,ELL: Yes. I'ERN: Okay,very good. ROWELL: To start up my name is Phillip Rowell and I'm the principal of Phillip Rowell& Associates;and I prepared the traffic impact study. Just for the record, I've been doing traffic for 40 years,not a novice. For the last 30 years I've been practicing in Hawaii, And I am a professional registered engineer in California and Hawaii, specializing in traffic. And for the last 28,30 years,this is all I have done,is traffic impact studies. So,just so you know. I prepared the traffic impact analysis report. And the final version of the report is dated June 28, 2010. And I say that because someone kept referencing the traffic study done in 2009. So I don't know if they had the latest version or not. Okay. The general approach to a traffic impact study,for everyone's information,is first of all we establish conditions, existing conditions. We go out, we do traffic counts, we get a lot information,we look at all the roadways. Then we make an estimate of how much traffic the proposed project is going to generate,and then we superimpose that on the background, and then we do a level of service analysis. 'the level of service analysis grades how an intersection is going to operate,A through F. A obviously is the top. It's various roadways,short delays, short queues, traffic flows well. Level of Service F is the opposite end. You can expect long delays, long queues. And the accepted level of service is Level of Service D. Everywhere I have worked that has been the minimum acceptable level of service. Based on the trip generation analysis, yes, we're going to increase the traffic along Edita, no question about that. The trip generation analysis that I used is based on the ITE Standards,it's based on the slumber of students that are going to be at the school, it's based on the square footage, and you factor all these things in. Unfortunately this ITE Standard does not consider carpools, vanpools, busing. It's based on traffic data on the mainland. And my experience in 73 1619 Hawaii is that Hawaii we generally get lower trip estimates. In other words,if I take the ITE Data and I go out later on and do an actual count I will probably get something slightly less, yeah. I mention that because even if, when we added on all the project traffic that we estimate that is going to use Edita Street,we still get the intersection to operate with an acceptable level; and I'm talking about Level of Service B,not D,which is the accepted standard. Even with that, we made some what I felt was some pretty good, strong recommendations. One that even though we are having a Level of Service A and B along Edits.Street,I recommended that we put in the left tum pocket into the project so that we, the people going through would not have to stop. Otherwise,if we don't put the left tum pocket in there, they would have to stop. We also recommended,or I recommended that we do an interim traffic study at three points during the project before it is completed, at the end of Phases 3,4 and 6. The purpose of those interim assessments was to confirm the trip generation, confirm the trip assignments at the intersections,to make, consider interchanges in the traffic conditions that, background. So I mention that because I've done another study about, toward town on Kaumana; and over the last five years the morning peak hour traffic has dropped 7 percent. So these statements about traffic is increasing, increasing, increasing, that's not,I can't confirm that. And I've been doing a lot of traffic counts lately, We also recommended the traffic management plan which I think is very important because it gives us a chance to monitor the traffic at intervals every school year,to confirm that things are still operating right, make adjustments as needed and insure that we meet some of the conditions that one of the Departments put on the report,project is to make sure we have no backups onto Edita Street, that we do not have any long backups at Edita/Kadmana,make sure we address those issues before they become a problem. The fact that this project is going to be spread out over 25 years give us that much chance to make those interim improvements periodically. And it also gives us a chance to, you know,if we get any negative feedbacks,interaction with the community,the police department,I'm sure the community is going to let us know if there are any problems. We can do our best to try to attempt to address thein and make changes that we need. I want to mention one other thing about the issue of this number of accidents. I do not have access to accident records from the Police Department. I cannot get thein. We usually respond to those comments from the police department over their comment letter. And in those cases,we do in some community school,we set up a preconsultation meeting with the police department so we can get their-. So this issue of the accidents kind of surprised me because we didn't hear anything about that before. But I will say that typically if an intersection operates at a high level of service or a roadway operates at a high level of service,it's a safe road because it means people are not being delayed or they're driving kind of the way they want to,they don't have to pass.But has, that level of service goes down,the volumes go up,we ran expect accidents to be increased. But since we have Level of Service A and B,the impact analysis would imply that it's relatively safe. But that's certainly something that if we go through; and when we review these Updates,we'll certainly reassess that again. KERN: Thank you. Bust want to make a quick point here that we have this room,we have to vacate this room by 4 o'clock. We're creeping into that. So what I'd like to do,if it's 74 1620 0 • acceptable,is if any of the Commissioners have any questions specific for that that we'll do that, and then we can-. I think what you did there was great there, that we could pause that; and then if there's any direct questions we can address that. If not, we can move forward, Do any of the Commissioners have any questions for the consultant at this point? Okay. Seeing none, thank you. Do you want to summarize Ted or you're good? HONG: Well,actually Dakota is going to come and summarize for us. But the other point I wanted to make is that the, before the Board of Land and Natural Resources,Chairman Aila said that,you know,in terms of our project and the community there seems to be a divide; and he was very concerned about that. And we agree to the point that we've asked Sidney Fake in a letter to be the project manager on this project cause we want to reassure the community that what we're doing is correct,especially with that. And if he wasn't willing to do that then we asked him in our letter to consider being part of the design committee from the commimity, if we're fortunate enough to get to that point. So we're trying at all points to reach out to the community. And we're not going to stop those efforts. And I know this, I do want to publicly apologize for my maybe bad sense of humor. I did say that to that woman about oh, you're from the opposition or scouting the opposition team or something like that. `That was a joke and I apologize.And 1 should realize that my sense of humor is not really appreciated by everybody. But that was me, so I apologize then. HELFRICH: This is really short. 1 know everybody wants to go home. Many of the students who wish to give testimony had to go back t school, leaving us at a bit of disadvantage. To clarify,not all the students were here because they feel that people oppose them or bully them. We're not so naive. We're kept informed about this project and we are here to help to assure that the campus is approved. Students from charter schools come from all over. If we say that if you don't belong to the community you shouldn't be there,we won't belong anywhere. Connections is a diverse community in itself. But,again,that's not a reason to be condemned. The accusations to the applicant are sounding more and more personal. Mr. Jeffrey Gomes's statement today got seriously out of hand, in my opinion. If the On the Line Fencing Company is nothing but drug dealers and burglars, why are they even a company? And all the community members that say they were unaware of this,do they not watch or read the news? Also, Connections has followed through with all the proper procedures. They have established that there have been multiple attempts to connect with the community. So where was the opposition when this project began years go? Also,not to mention,I was under the impression that the land was Ag land, so why is there a denial that there have been agricultural studies on land? On top of that,this land will eventually be developed by some organization or another, so why not allow that organization to be a school? How is rejecting our proposal and seeking an alternative location working with us? It sounds as though no matter what compromises we make they just don't want us thereat all. I've heard very legitimate reasons for opposing the Ka-imana campus today but, again, 0 the reasons I heard can be resolved with further collaboration between both parties. And all this being said, thank for listening to me. It's an honor to meet all of you. And I congratulate you to making, what was it called? 75 1621 KERN: Council, thank you. Any questions for Dakota or Mr.Hong,Commissioners? Seeing none, you may have a seat. Thank you. HELFRICH: Thank you. KERN: I'd like to get a-. Oh,Madam Director. LEITHEAD TODD: W.Hong, as the representative of the applicant,would you be opposed to further community meetings to try and address the traffic and look at whether there's an alternative and a possibility of a connection to Puainako Extension and try to see whether that could be worked out? HONG: We're still doing that; and I know Mr.Ono had asked the question whether I talked to Chris Brilhante about that, and i did not, I spoke to his father. I spoke to his father twice—in person once in my office,once in his office. His position is that in terms of connecting through the Puainako Extension he's willing to discuss it further. He hasn't said no,he hasn't said yes; but he says he wants to discuss it further, cause I think his granddaughter or niece or something like that went to Connections and appreciates what Connections had provided her. So are we willing to reach out to the community? I think we bane to; and we want to do that. I live in that community, you live in that community. So do we want to have future meetings? Absolutely. I don't think any of us want to continue this kind of hostility where we see bumper stickers posted on the doorways of Connections School down at the Kress Building, AU: Mr, Chair? KERN: Commissioner Au. AU: Thank you,Mr. Chair. My question to you as a representative of the applicant,are you willing to accept a condition by having a primary access to Puainako? HONG: Well, our legal access right now is through Edita. If you place that condition on us that would essentially doom the project,I don't know,I mean it really depends on our relationship and what Mr.Brdhante is willing to do. If you, so, you know,in terms of what we're trying to do,this is where our legal access is,on Edita. But we want to continue given the concerns of the community. And I said this at the April 2012 meeting to the community members,we will continue to try and negotiate with Mr. Brilhante about opening that up. LEITHEAD TODD: Mr.Brilhante has a subdivision application in my office for that property and the preliminary plans that he submitted show an access to Puainako Extension, So I suggest that perhaps what's appropriate is to get you and Mr, Brilhante together in my office to look at his future plans for his property and discuss the viability of an access off of Puainako Extension. That does not address some of the concerns over water and some of the concerns that have, you know,additionally been raised,which would still have to be addressed. But at least we could pursue that and that might give a better.picture of what is or is not possible, and then have that discussion with the community,rather than basing a decision on what's in front of us today and see whether -. Because I really feel like without the possibility of an access off of Puainako that 75 1622 it's very difficult to proceed with the project,even if you're talking about a, you know, 16 to 25 years buildout. And the reason is that you also have to assume over that 16 to 25 years that you have additional infill,that you have additional houses that come up off of Kaumana Drive. And so you've got to address,you know, some of that. My other concern is I want to clarify on the traffic impact analysis,was that conducted during the period of time when school was in session at Hilo High and Hilo Intermediate and Kaumana and Ernest B. De Silva. Because if it was not conducted during the period of time when schools were in session then that could seriously impact-. And I'm trying to recall, and I had the impression that it imigbt not have been. HONG: It was. LEITHEAD TODD: It was during the school year? HONG: Yes. Because that's a question that always comes up, if the school is in session. LEITHEAD TODD: Okay. KERN: Any other questions from Fellow Commissioners? Commissioner Ono. ONO,, Yes. I'm just wondering,with the direction of the discussion with Mr.Hong,would you be acceptable to a deferment of the decision or recommendation by this committee? Because the quer-dons that were asked about Brilhante, for example,may have an influence upon our recommendation. But right now I'm very uncomfortable with the, with the question marks over the presentation. HONG: Well, one of the swords that's hanging over Connections had,is that the lease at Nani Mau Gardens is going to expire, and that's why,not like next year but in the future, and we want to get this project moving along. I think that we've gone beyond what is required in terms of reaching out to the community. I think these issues are pretty well known. Do I want a decision now? I don't know that if we discuss this with Mr.Brilhante, if thugs will change. So what if Mr.Brilhante says no? I'm just looking at things off the top of my head. If he says no,then what does that mean to the Planning Commission? Does that mean that you guys are going to deny our application? Just for a favorable recornrnendation to the Land Board-? 1 think there are appropriate checks and balances in the process currently that should we get a favorable recommendation here would alleviate,hopefully,some of those concerns in the future regarding traffic issues. I think that the recommendations,the amended recommendations,from the Planning Director are appropriate. I think they have appropriate checks and balances. But if, you know, you feel that you need additional time to try and hold this negotiation and maybe act as a mediator or certainly as a catalyst to getting a fiimer commitment from Mr. Brilhante,we welcome that, I don't know necessarily that we need to delay this vote. And the reason why I say that is because certainty we would like to move forward. And if Mr. Brilhante at any point in time tells us that, yeah,we'll give you an access or an easement through Puainako, we're going to jump at that. 77 1623 KERN: Thank you. Commissioner Gonzales. GONZALES: You know, I just want to say, too, l have to, I'm kind of leaning with what Commissioner Ono is saying here. If you're fbrcing us to vote today, you might want to think about maybe postponing this and then,you know -. I'm not going to vote on maybe Mr.Brilhante will or will not give us permission, you know. So I guess if we don't vote today or if we do vote today and we vote no,it's dead,right,it's over? So-. KERN: Yeah,and we should be handling this most during our discussion on how we're feeling and what I understand,because coming from the-. GONZALES: But, yeah,I'm in agreement with Commissioner Ono that we may want to think about this. HONG: I just checked with my client and he has no,he agrees that, oh,my client would be Mr.Thatcher. But Mr, Thatcher says they don't have a problem with postponing this to the next meeting. The only concern I have is now you're going to have actually a different Planning Commission, only in the sense that Mr,Kern will be gone,and so we're basically going to have to come back to you at square one. I'm hoping we don't,but-. LEITHEAD TODD: Under our rules, what we do is we provide a transcript and all the materials to the new Commissioner. And as we have done in the past when we've had a change in Commissioners,they read all the materials and they have been able to do their jobs well. HONG: Okay. So with that being said then I don't,I think that we don't object to postponing this to the next Planning Commission meeting,so we can have a meeting as the planning Director suggested with Mr. Brilhante. KERN: Thank you. Can I get a motion for executive session to get some legal advice? AU: Mr. Chair,I move to go into executive session. KERN: Any second? GONZALES, Second. KERN: All those in favor aye? TORIGOE: For the purpose of legal advice? KERN: Just for the record, it's for the purpose of legal advice. Aye? COMMISSIONERS: Aye. 78 1624 9 0 KERN: Any opposed? Okay,thank you. Everyone has got to leave the room for a minute, sorry. And then we'll call you back in. We're just going to consult with our attorney here for a second. It shouldn't take very long. Thank you. EXECUTIVE SESSION—The Commission went into executive session at 3:21 p.m. and came out of executive session at 3:35 p.m. by a motion made by Commissioner Au,seconded by Commissioner Moses,and unanimously carried by a voice vote of all Commissioners in attendance. KERN: Okay,call the Windward Planning Commission meeting back to order. Thank you. Can I get the representative from Department of Water Supply to please come forward if they're in the room, as well as the representative from Traffic. And can I get you both to raise your right hands. Do you swear to tell the truth today before the Windward Planning Commission? THIEL: Yes,I do. MCCALL: Yes. KERN: Good,very good. Let's start with Traffic. Could you please your microphone. Commissioner Au? AU: Okay,my question to you is based off of the applicant's traffic analysis, what is your opinion on what their findings are? THIEL: My name is Ron Thiel,Chief of the Traffic Division. I've had experience in traffic since 1994 and have done similar TIA's that you are looking at here. So I understand where they're coming from, I understand what he has done. He's used all the same techniques that I would and procedures that I would to come up with recommendations and conclusions. The result I would say represent what's actually out there. A lot of the problems that a lot of people have with traffic-. People like to see a Level of Service A where you have less than 10 seconds of waiting at any point, at any time. And we design roads to be as efficient as possible and will go up to a minute delay before we say that road shouldn't be, should be mitigated for better traffic. And this report here shows that were well in the higher levels of service; and it represents what I would say would be an accurate representation of the conditions. KERN: So you're saying that there will not be a major traffic impact on those two roads? THIEL: To put it in perspective, this report says that there's approximately 3500 cars per day on that road,taken back in 2049. The information I got in 2010 the volume was 2500 cars a day, doesn't mean that it necessarily went, goes down. You know, every time you take a count it comes up a little bit different, But we're looking at somewhere between 2,000 to 4,000 cars per day. You're adding 100, 150 cars a day. So in perspective you're not really adding a lot more cars. You're adding at the peak hour,which is a different way of looking at it but still same representation as far as presenting the scope. So it always, any development has an impact on the community; and it is generally perceived as being, going to be worse than what it actually is And when the development starts the first month or two you'll see a higher impact than you will 79 1625 0 with going,when the project smooths out afterwards and the traffic smooths out and things get down to normal. So the impact always seems to be worst right at the beginning. But we're looking at a whole,you know,overall basis. And one of the comments I heard or,I think I heard anyway,was but there's going to be more development in the area,there's going to be more traffic. My pursuit in this area is to try to get as many connectors roads from Kaurnana to Puainako as possible to start reducing the through traffic in the area. We're looking at this over in the Kona side of the Palani Street and that's the same thing here. All these older roads,we need to get the through traffic off of-. So there's a move afoot to try to reduce the overall traffic in the future,rather than seeing it increase in roads like this. KERN: Any more gt}estions? Commissioner Ono? ONO: I'm not sure about my calculation over here. But whenever we talk about road improvements as developing a whole new road system like the Pauinako Extension and Mohouli Extension it's a number of years before the time we would hear about it until the time of its development. When you're referring to connecting,having roads on KaUmana Drive onto -, what's your projection in terms of your completion? THEIL; Probably similar to the buildout of this project. The project I think is a 26-year buildout. ONO: That's right. THIEL: I would say 10 to 20 years before you would see a lot. But, you know,there's a subdivision right now that it looks like we may get a connection through, very, very soon,which means three to five years or something. ONO: Maybe by-? THEIL: Well, I don't know what the project is. It's hard to second guess the developer but I would say maybe within five years you're going to see a connection or earlier. ONO: Thank you. KERN: Thank you. Any other questions for Mr. Theil? GONZALES: Question. KERN. Coriunissioner Gonzales, GONZALES: When we're talking about 2500 to 3500 cars a day and you said probably going to add another 150,is that on Kaurnana Drive? Is that what we're talking about? Cause,you know, there's not 3500 cars a day on Edita Street. So when we're talking about-? 80 1626 THIEL: Kafunana. GONZALES: Kadmana Drive? THEIL: Yeah,that's the main concern I heard today,was the roadway traffic on Kadmana. GONZALES: Okay. So with the school we're projecting to add another 150 cars? THEEL: Well,this says 100, I think it's 108 cars, the first page-, GONZALES: All right, we can even call it 100. So that's, the way it exists now that's 100 cars cars more on Edita Street too,right? THIEL: That's the first hour,that's the peak hour. We can only look at the peak hours as being that day in the morning as being the worst conditions,that's during, during the peek hour. So the overall is probably 200,maybe 200 cars a day compared to the 2500. So it would be I percent. GONZALES: Okay, and all these numbers are Kaurnana Drive we're talking about? THEIL: Yes. GONZALES: Thank you. KERN: And any other questions for Mr. Thiel? TORIGOE: Yes. KERN: Ivan? TORIGOE: Thank you,Mr. Chairman. Mr.Thiel,I just wanted to ask a couple of questions about,I guess,whether you've looked at the conditions that were proposed regarding traffic and whether those were sufficient to meet any concerns that you have? THIEL: From what I gather,you're talking about the green sheet"? TORIGOE: Yeah,correct. THIEL: It looks like they've covered everything that we asked for. My,my thing that I'm trying to ask for now,that hasn't been there in past, is asking for a traffic management plan. And in this report the traffic engineer added that to his recommendation of doing a traffic management pian,because he and I talked about this before. And I said I really want to encourage this. And what this does is it gives us the ability to come in and talk to the developer at any time,basically kind of like on annual basis,but we still can talk to him at any time if we start seeing problems out on the road. Cause we don't want traffic backing up on the main road, and that happens a lot with the apparent pickup and drop off facilities. And that one, a side of No. 11,that's what I think is most important; and it's in there, and everything else. I think there 81 1627 0 0 are four different items and they're all apparently what we had asked for originally,meaning the Traffic Division asking for. TORIGOE: And do you feel that those conditions are going to be enforceable? THIEL: I put in a traffic management plan with the Parker School up in Waimea, the first one in the state,and I've been working with them and they've been cooperating. So I have only the track record of one;but it's a good track record. TORIGOE, Okay, And I have not looked at the study in detail but does it consider safety issues that go beyond the immediate intersection of Edita and Kaumana Drive? THIEL: I don't believe so. I think it looks at the intersections of the road,you know,Edita and Kaiimana,it looks at that intersection. You're talking about up and down Kaumana? TORIGOR Correct. I'm just wondering if from the Public Works's standpoint that would be,it would be wise beyond that intersection. THIEL: It doesn't address that. And you're asking it if we want to require it? TORIGOE: Well,if you think that would be appropriate or wise to do that? I'm just asking because I don't know. THIEL: I'm thinking the old road,my mind is going up and down that road right now to try to figure out what we would ask for. You know,it's pretty much a stmdard road all the way through. I mean it's an existing road, it's a very old road. It's pretty, it's pretty uniformed,you know,winding road. KERN: Thank you. Commissioner Au. AU: I think Commissioner Ono was first. KERN: Oh,Commissioner Ono. ONO: I'm sorry. I have another question on Edita, on the road itself The way it's constricted today,would you say that the increase of traffic between 200 and 250, because I'm assuming that the school will be asking for services as well,to the residents of that street, would you say that their quality of life,it will be impacted somewhat,but negatively to a point because of the traffic increase? THIEL: Well, that portion is a newer built road, you know,in front of this facility; and we have certain standards that we require that the developer build to that is for the ultimate use of the road. I would say that it would handle any impact that they would place on it. ONO: I'm sorry, I didn't quite hear that. Did you say it's already developed or will need to be developed? 82 1628 THIEL: No. It has been built to current standards which addresses full development of the area. Our mad standards are for the full development of the area, as far as it, the asphalt and the backfill and the substructure and things like that. And it has already been built to that when I gathered,when I looked at it. (The Chair at this time informed the public that the items regarding the Geothermal Asset Fund and Rule 12 on today's agenda will be deferred to the next Windward Planning Commission meeting on December 6"i.) KERN: Commissioner Au, AU: Thaak you,Mr. Chair. What are your thoughts about a stoplight? Just trymake it brief and just,you know-. What's your thought about a stoplight? . THIEL: My thoughts about what? AU: About putting a stoplight there and if it's appropriate, and what is the procedures and just kind of discuss about possibly putting a stoplight on Edita Steet. THIEL: You're talking about a signal? AU: Yes. THIEL: Signalized intersection? AU: Yes. THIEL: At Edita and Kaumana,that intersection? AU: Yes. THIEL; We have certain requirements that we address called warrants. And we look at the amount of traffic in all the directions,peak hour,period of 4-hour period and 8 hour period of the day, And these volumes that see here now aren't meeting any of those requirements. And if you put a signal in that doesn't meet those requirements, a lot of times it causes an adverse condition and it increases, actually increases accidents if you're trying to reduce the accidents,or increases the frustrations. So we wouldn't be putting in a signal at this time. AU: Okay. Thank you KERN: Any other questions for Mr. Thiel? Seeing none at this time, why won't you hang out there for aminute if you would; and we'll move on to talk about water. Any questions? Commissioner Au. 83 1629 AU: Yes. You know through a lot of different testimony, you know,we keep hearing about water. But, you know,I'd like to hear from a professional. You know, what their usage is,what their estimated usage is going to be. I understand based off of the revised conditions that we can provide them 4200 gallons. Can you just tell me a little about, you know,what's going on and, you know,I guess -. It would trigger a second question—is,you know, they're going to have water catchment? And some testifiers said that, you know,based off of water catchment and the uses of what they need they probably won't get that. MCCALL: Okay,I'm Tim McCall, and a civil engineer with the Department of Water Supply. And,yeah,you are correct. The amount of water available to that parcel is 4,200 gallons a day. We have been in discussions about what their proposed water uses are going to be that they're proposing to use,have a hybrid sort of system utilizing catchment and potable water. We .haven't actually received-. What we asked for was a detailed water usage calculations from a licensed engineer showing,you know,what their actual proposed water uses are,particularly between potable water and nonpotable water. Basically what we've said is,you know,we've told them that there is this 4200 gallons per day maximum limit that will also require a backflow prevention device put on the actual water meter to prevent any backflow to our system. And then also that the plumbing system between the potable water and nonpotable water are not interconnected. And so that's basically what our requirements for them today. But so far we haven't received those detailed water usage calculations so I can't comment as to whether, you know,estimated demand is beyond that 4,200 gallons a day. KERN: So you wouldn't be able to accurately say if there's,that there would be enough water based on having catchment and with the availability of that County water there because you don't have the information? MCCALL: Yeah, we haven't, we haven't gotten that calculation yet. Our water system standards,you know, cause the guidelines say,you know, for school you should estimate,you know, 60 gallons a stay per student. But that's based on your,a much broader range of water uses where basically everything on the campus is used for water,including like baseball,you know,sports deals and things like that which can use a lot of water. So that's why when we said, you know,were willing to take it look at more detailed water usage calculations,you know, separating,you know,what the actual potable water demands can be for like drinking water faucets and,you know,any kind of cafeteria or anything like that,yeah. KERN: Commissioner Au? AU: So this was requested of the applicant? MCCALL: Yes. AU: And applicant hadn't come back. And could I bring the applicant to the table and find out what's going on with that? 84 1630 0 KERN: Please answer. Mr.Hong,come forward,please. AU: Thank you, Mr. Hong. HONG: The two people that,well, Dennis Hirota is our engineer who's handling the water issue,he had to leave because of the plane. And Ceilia Shen who is our planner,senior planner, who had talked to Mr. Hirota about that and had the information left also because she had to catch a plane. So we have those calculations. We've done that. And the point that we neod to -. KERN: How come,how come we don't have them? Or do we and I just hadn't seen them? HONG: i don't know that we,I don't know,I don't know the answer to that. I don't know if they submitted it or not submitted it. I guess we didn't submit it and I'll follow up with that. But the point I wanted to make is this is a phased in school and we're not talking about putting 400 students the week after next on the property. So in terms of the revised recommendations, paragraph 3,oh,number 3, it does set that limit of 4,200 gallons per day and that if we need to use more then we have to come back to the Water Department regarding what our plan is going to be. So, again,we're looking at this as a phased-in type of construction instead of,you know, just building it out completely and then everybody being on the property and not having enough water. KERN: Madam Director? LErrHEAD TODD: Yeah,basically I'm not sure if members of the public have that condition in front of them. And basically the condition as amended says that"Should the applicant utilize more than the maximum daily usage of potable water,the 4200, from the existing County 8-inch waterline, they will be required to secure or construct an additional source of potable water or limit the amount of students to the amount of potable water available." So in,and the Commission has the opportunity to amend that. So the Commission,if they were,you know, for the sake of argument,let's say the Commission was going to recommend a favorable approval of this,they could put a condition in there that says it has to limit the amount of students to the amount of potable water,which would put a cap of 70 students,until such time as they were able to get more water from Water Supply or provide other water. Tile Commission has that type of latitude. KERN: Any other questions for Mr.McCall? Commissioner Ono, ONO: Assuming that the student enrollment will be maximum that they're anticipating and should the use of water exceed whatever they're hoping to project, what-? I'm sure you have to install a whole new piping system. Am I correct on that? MCMCALL, Yes, that's correct. ONO: The system that's in place now,that's with the projection that there are other homes that are going to be built in the area,too? SS 1631 0 0 MCCALL: Yeah. The water availability of the 4,200 gallons a day is for that whole service area. ONO: Whole area MCCALL: Yeah, it's based on the capacity of our well that serves that area and how much it'd be able to produce. ONO: So should the water usage exceed the capacity of the well,does it mean we have to build, dig another one? MCCALL: If their usage were to exceed what they're estimating on, you know,we do have provisions in our rules and regulations that we can put in,the reducing devices on their service connection. And we'd also had, you know,past experiences where, you know,the project has -used more water than their calculations showed. And we have worked with those types of projects with the owners that operate through the system to come up with means to reduce their usage. KERN: Okay,maybe I'm mis -. What,I guess, I'm concerned about is that we're not going to, well,more for me,I'm not only looking at the school development, I'm also looking at the other area,people that want to build their homes. So that I'm not sure that the well,I mean the water capacity or all requests is considering the possible development of residential areas around the use of the water. MCCALL: Uh huh, and we do look at that when we determine what the water availability is in the area, We take a look at what the current water usage is,what the safe capacity of the well is and produces, and we allocate that based on the zoning of the area for development,yeah. KERN: And I could ask, when there's a drought,how do you deal with that? Do you guys have a policy of reducing usage? MCCALL: In,especially in areas where our sources are dependent on extreme water sources like in Waimea,we have had times where we had to issue water conservation notices. KERN: I guess is this an area of concern of drought? Has there ever been? MCCALL: No. Up there it's from a deep well source so it's generally not affected by any kind of drought conditions. KERN: Thank you. Any other questions from any of our fellow members here? No? Okay, seeing none, gentlemen, you may have a-. Oh, Commissioner Au. AU: Is there anybody here from Waste Management? Madam Director? LEITHRAD TODD: The question? 86 163; ® 0 AU: Well,some of the things that we have here, some of the documents show caves and waste and I saw a lot of like pollution and, you know, stuff in the eaves. I don't know, I just was thinking maybe Waste Management would have something to say. LEITHEA.D TODD: For items like cave management, that would not be the County's Waste Water Division. That would be the State Department of Health. Waste Management, Waste Water would only address if there was a sewage treatment line that was going to hook up to the County system; and the Solid Waste Division would only address rubbish and where the rubbish is taken to. But as to pollution in eaves or,you know,things in the caves,that's more a Department of Health or DLNR. Mr.Nash I see is coming up. KERN: Mr.Nash,could you please raise your right hand. Do you swear to tell the truth today before the Windward Planning Commission? NASH: Yes. KERN: Very good. Say what your name is and who you represent. NASH: My name is Paul Nash. I'm with Atlas Engineering. You all were talking about waste water from the school development, that's right? KERN: That's Commissioner An. Yes? AU: Yes. And,well -. NASH: Okay, I just wanted to make sure because I was -. I heard the word and I thought,oh, wait, AU: My specific question is,you know,I was reading there's going to be,it's a septic system. Is that true or are we going to have cesspools there? NASH: You would have the septic systems as opposed to cesspools. Now there are, they're also looking into other eco treatments that-. I know they built one over in Kona. There's a company that has started trying to implement some of these. And it's sort of a,in conjunction with their pWicsophy of sustainability. But a traditional way that would be allowed in Hawaii would be using septic systems. KERN: Thank you. Any other questions? Commissioner Ono. ONO: I need your help on this. My understanding is that with, certain acreage you don't need a septic tank. You could go ahead with a cesspool. Would this be also in effect with this program? NASH: No,that would not be in effect. It's, you know, it's not quite as simple as --. You have certain acres and you can use a cesspool. If you have more than 20 people who have access to it, you cannot use a cesspool. 87 1633 0 0 KERN: Madam Director. LEITHEAD TODD: I just wanted to clarify-. You maybe remember that they're frequently called gang cesspools. And so aA of our County Parks used to have what were gang cesspools, which is a large cesspool and the bathrooms went into a cesspool. The EPA changed the rules and gang cesspools were no longer allowed. So if you have two houses served by one cesspool, that's a gang cesspool. If you have more than 20 people flushing the toilet that becomes a gang cesspool. So all schools can no longer have a cesspool. So every school on the island that was previously served by a cesspool had to convert. Anything new, whether it's commercial, educational,if you want to build a house and an ohana unit,you have to have either a septic system or separate cesspools. You could not have one. But in the case of something like a school,it would have to be some type of septic system,packaged treatment system. It world have to be something that would be acceptable to the Department of Health for the treatment of the volume of waste generated by the facility. KERN: Commissioner Au, did you have another question? AU: Ready to make a motion. KERN: Okay. Any other questions? Seeing one, you gentlemen may have a seat. Thank you very much. Commissioner Au. AU: Thank you,Mr, Chair. I move to send a favorable recommendation to the State Land Use Commission regarding applicant Connections New Century Public Charter School(SPP 12-138). KERN. Is there a second? Seeing none,motion fails. Anybody else would like to make a motion? AU: Actually could I, 1 forgot to add in to my motion,to add in the condition to limit the number of students, for the allowed 4,200 gallons,to add in that condition is what I meant. KERN: Does that not exist? AU: So it would an additional condition to limit it until they, to limit it until they can,just so what our,what Madam Director was saying. KERN: Okay. Is there a second? GONZALES, Second, For the sake of discussion IT second the motion. KERN. Okay. Discussion? AU: Thank you. Yeah, I just wanted to put a motion on the floor so us as Commissioners we could discuss it. Okay, I know we all have mixed feelings. But one thing I do want to point out is,you know,through all this testimony it seems to me there's some kind of miscommunication 88 1634 0 0 here. You know,and I understand that our job,this body,we need to vote on land issues. Okay, so let's keep that in mind as we move on. You know, I made this motion because I wanted to start off the discussion. Aside from the land use thing,you know,I have to say something about the applicant. You know, somewhere across the line they haven't been communicating well with the community. And,you know,leaders, you know, I've said it before, every organization is only as strong as their leaders. And I'm not saying that Mr. Thatcher is not a good leader. I'm just saying that maybe he didn't cross his is or dot his i's. Okay, so,you know,there's somehow,there is some kind of miscommunication here. So I shall defer into that as we stet a discussion. KERN: Thank you. Any other discussion? Commissioner Moses, you're-? No? MOSES: Well,I'll wait to hear what Commissioner Ono and Commissioner Gonzales have to say. KERN: Okay. ONO: In line with that,Mr, Horig did mention that there's a zeport from his water specialist or whatever. But basically what I wanted to do was think about defecting our recommendation until after the report is formalized with this committee, and then take action thereafter. Right now I'm not very comfortable with any recommendation of,recommending approval. KERN., Commissioner Gonzales? GONZALES: Yes. I also have some very serious reservations about the water issue,for one. Right off the bat,there's not enough water. And I guess we're all waiting for a report or there should be a report somewhere to tell us where you're going to get this water and how much you think you're going to use. 'That's one of my reservations. And,also,with the traffic,and I understand all these numbers and everything for Kad ana Drive. But 200 can in and out of Edita Street every day,that's a lot of traffic. I mean to me that's,there's your safety hazard,there's your,you know,there's your traffic problem. Sure Kaumana Drive can take another 150 cars,but,you know,what about Edita Street? Those are my concerns. KERN: Commissioner Moses? MOSES: Okay, with that said after listening to the testimony presentation that has been given today,which I appreciate those who took the time to spend all day here, I want to commend the students who came and spoke from their hearts about their school and how much they value it. But personally i believe that it is a critical component for any development to have its community support of it. And clearly we have listened to the consensus of the community being in opposition cunently as it stands. Although the proper use of this Sand is being deemed yes from the Office of State Land Use and the Land of Natural Resources,my concern would still he the impact that it h as on the community,the benefits that the community directly receives from 89 1635 0 0 this development and,of course,again,it's the support given by this community for this particular development. I would, again,like to hear, and I know that I've seen it in my readings of the letters that we have received is that has an alternate location been sought after that is more conducive to this proposed development? These are my concerns; and I have reservations. And if we were to take the vote today as it stands, I will not be in favor of this special permit application based upon my feelings. KERN: Commissioner Au? AU: Commissioner Moses, I feel the same way as you do. Again, you know, I made the motion cause I wanted to hear what my Fellow Commissioners had to say. You know,the public has a big,big impact of what this project is going to end up being. Okay, whether the school is built or whether it's not, if something else is built there,the community has to want it. And the community is going to be driving by it every day. So if the coimnunity is not happy then it's not a good thing. You know,but from a Land Use Commission, l mean,sorry, from a land use standpoint it's very appropriate. It's very appropriate. They go,they went through the proper channels,they did what they needed to do, what they're required of doing; and, you know, so they have a right to get what they want. So, you know,we're in a dilemma. But we, there's a lot of different things that we're looking at. Okay, community is a big thing and so is the applicant. The applicant has a right to do that. KERN: Madam Director. LEITHEAD TODD: I think what I'm hearing is that Commission is concemed that the community's concerns over traffic and water use have not adequately been addressed,which are components of whether this is an appropriate land use on the property. If I'm hearing the discussion correctly. KERN: That's what it looks like to me too. And that's basically the same concerns that I have. I think Charter Schools are great. I think Connections is a great charter school. I've heard nothing but good things about it. But the location is perplexing. Honestly,it's Kaumana. It's not-. I mean like where you guys are at in Panaewa,its more central. It seems to make more sense. It's challenging up there. I mean you guys have really done your work to try to get your ducks in the row,but it's Kaumana Drive. I used to live up there and that road is so small and winding; and it just doesn't seem to have that feel to me. But that doesn't mean that-. You know,potentially having the road connect up to Puainako,that begins to maybe change the conversation a little bit. So I'm not comfortable on it right now either. So, Commissioner Au. AU: Mr. Chair, I'd.like to withdraw my motion. KERN: You okay with that? Second? 90 1636 0 9 GONAZALES: Yeah. I seoonded that. KERN: Is there any objection from any of the Commissioners? Seeing none. Okay, Commissioner Au? AU: I'm prepared to make another motion. KERN: Go ahead. AU: Thank you,Mr. Chair. I move to defer this application and require the applicant to have the answers that were,that are required, and I'll go over them right now,by next meeting, December 6`'so we can make a decision. I want them to address the water issue from what they're required to,of the Water Department. And that's it? KERN: And,I'll wait till there's a second on that. Is there a second? ONO. Yeah, I -. KERN: Are you seconding? Yes? ONO: No,yes,I'll second. I wanted to amend it. KERN: So you seconded it? Yes? ONO: Okay,I'll second it. KERN: Okay. Go ahead. ONO: I also wanted to have at least one neighborhood meeting with the people on Edita Street so that there can be some form of communication between where you're at and what the residents of that area would be willing to concede,compromise on. AU: In order for me to agree to that, what would be the proper procedure for a public hearing? KERN: So,it's not,no. I think what Commissioner Ono is asking for is the applicant to meet, have a community meeting with them to talk about it,not to do with us. AU: And have -? KERN: Try to work things out, not for us. AU: Okay,well, I'd like to add to that and have some representatives from the Planning Department be there,maybe to help out with that? Or if I request that will that trigger alike 30- day notice or-? DARROW: We're going to check on that, Commissioner Au. 91 1637 AU: Well,you know,my point is if we're requesting a meeting,they've already had these meetings. You know,it would just bea,pissing match. So we would want our-. KERN: I think it should be incumbent upon the applicant. If they want to have a meeting and try to get fiuther consensus among the community that should be on them, I mean,in my opinion. 1 feel that there should be an amendment to the motion that says that they should talk to,look at the possibility of extending to Puainako Extension. That to me is a lot more potentially mitigating. GONZALES: Mr. Chairman? KERN: Yes, Commissioner Gonzales. GONZALES: Is that something Commission Ono can add to his, I mean, to his list,besides just the water? Can we have that discussion with Mr.Brilhante before we get back together? Is that-? 1URN: I don't know if we can but they could. And we could request him to come but he doesn't have to show up. GONZALES: Okay, well, at least for me if there's another access in and out of there, at least it's something we can,we can build on. KERN: Commissioner Ono? ONO: Just out of curiosity,what's the amended motion now? KERN: Right now,well,you know, Commissioner Au has to agree to it. But right now the motion is to defer with the Water Department calculations potentially if it's accepted,with the conversation about the extension to Puainako Extension. And yours for a community meeting is still floating. ONO: But you are suggesting that mine is just a suggestion and not an amended motion? KERN: And that's up to you ONO: No, that's fine. KERN: I mean if that's what you want to go for. ONO: l just wanted the opportunity so that the two parties can get together, at least try to iron out things. Because I've heard where the applicant was not communicated enough,that he didn't go around the neighborhood. And I heard the applicant said,no,we did; and if the door,if the gate was closed and if there's a dog there we're not going to go in. So these may have been the 92 1638 individuals that were not contacted and saying they were never contacted. So I just wanted to develop some kind of a means of communication again, try again kind of an attitude or approach. KERN: So you want to make that in the motion? Do you want to make that suggestion? ONO: It was just a suggestion,just a suggestion. KERN: And so if it's acceptable to the motion that's being made,would you amend it to request that there's further discussion about the extension or connection to Puainako? AU: Yes, yes. So three, there would be three litems. KERN: Two. AU: Two items. KERN; No community meeting required. They can do it on their own. AU: Okay. KERN: Water calculations, connection to Puainako. AU: So a discussion with Mr. Brilhante. So,Number 1, a discussion with Mr. Brilhante regarding the possible connector road to Puainako and second, water calculations that the applicant is required to give to the Water,the Department of Water. KERN: Right_ AU: And all by our next meeting,December 7a', 07 KERN: Correct AU: So we can come to a decision on this. KERN: And that's acceptable to Commissioner Ono who seconded it? ONO: Yes, KERN: Okay. Any other discussion? AU: Discussion would be to encourage the applicant to definitely have a meeting with the community; and 1 hope that goes well, community; and,you know, come see us Dccember Oh. KERN: Commissioner Ono? ONO: Also,reminder that,please,the water report has to be formalized. Thank you. 93 1639 KERN: Any other discussion? Seeing none, let's take the vote. DARROW: Thank you,Mr. Chairman. The motion before us is to defer this until our next Windward Planning Commission meeting which will be held December 6, 2012 and that the applicant formalize water calculations to address water issues and have a meeting with the applicant and the owner of the adjacent properly,Mr. Brilhante,regarding the possibility of a Puainako Street Extension. Does that sound correct? KERN: Yes. DARROW: With that we'll take the roll call. Commissioner-. KERN: Madam Director? LEITHEAD TODD: Not a Puainako Street Extension,extension to. DARROW: Okay. LEITHEAD TODD: You know,Puainako. DARROW: So a connector. LEITHEAD TODD: Yeah, connector to Puainako. DARROW: Thank you. With that I'll take the roll call. Commissioner A-u? AU: Aye DARROW: Commissioner Ono? ONO: Aye. DARROW: Commissioner Gonzales? GONZALES: Aye. DARROW: Commissioner Moses? MOSES: Aye. DARROW: And Mr. Chairman? KERN: Aye, DARROW: The motion passes five to zero, 94 1640 0 0 The discussion ended at 4:22 p,m. Respectfidly submitted, Sharon M.Nomura, Secretary 95 1641 William P.Kenai B1 I,eithead Todd Mgyor Director Margaret K Mastmaga �. Deputy OVA west Hawaii office &A Hawai'1 office 74-5044 AnsYnhoWole Hwy . 101 PeuaH St cel.,Suite 3 Kaihia-K4tra,Hmail96740 County of Hawaiil Hflo,HawaN 96720 Phone(808)323-4770 Phone(808)961-6288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 November 13,2012 Ted H. S.Hong,Esq. P.O.Box 4217 Hilo,HI 96720 Dear Mr.Hong: Special Permit Application(SPP 12-000138) .Applicant: Connections New Century Public Charter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Dorm Facilities, Intergenerational Programs,a Sustainable Agriculture Program and a Forestry/Conservation Program Tax gp KMc 2-5-006:141 The Planning Commission at its November 9,2012 meeting voted to continue the hearing on the above:matter to allow you an opportunity to pursue an alternate access route from Puainako Street and, also,to submit a water consumption estimate, addressing the concern of an adequate water supply by its next meeting. The next meeting is scheduled for Thursday,December 6, 2012 at 12:00 p.m. in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street,Hilo,Hawaii. Your presence or the presence of an authorized representative will be appreciated in order that all questions relative to the request maybe clarified. A copy of the public notice is attached for your information. The Planning Department will be notifying the surrounding property owners of the hearing. Should you have any questions regarding the above,please do not hesitate to contact Jeff Darrow of this departs hent at 961-8288, east. 8158. Sincerely, /BJ LEITHEAD TODD Planning Director Aft. cc: Connections New Century Public Charter School &CBESS ww;►•.cahnia4WWAML Hauai 7 County Is as F4"alOpp orm r,�'Pmsidn'=d Ewpk"r s+laz��e�Cc+f�awau.3ti_�c 1 642 NOTICE OF PUBLIC MEETING AND HEARINGS WINDWARD PLANNING COMMISSION COUNTY OF HAWAII NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward Planning Commission of the County of Hawaii in accordance with the provisions.of Chapters 91 and 92,Hawaii Revised Statutes, Section 6-7.5(a) of the Charter of the County of Hawai'i, and the Planning Commission's Rules of Practice and Procedure. DATE: Thursday,December 6, 2012 TIME: 9:00 a.m. PLACE: County of Hawaii Aupuni Center Conference Room 101 Pauahi Street, Hilo,HI 96720 STATEMENTS FROM THE PUBLIC—Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. NEW BUSINESS— 9:00 a.m. 1. APPLICANT: MILE MARKER 12,LLC(SPP 12-140) Application for a Special Permit to allow the establishment of a center for well-being, overnight accommodations and related uses situated on an 11..33-acre portion of a 43.57-acre parcel of land within the State Land Use Agricultural District. The property is located approximately 65 feet south from the 12 mile marker on the west(mauka) side of the Pahoa- Kalapana Road(Highway 130), Keahiala,Puna, Hawai'i,TMK: 1-3-009:01.8 2. APPLICANT: SUZANNE BENNETT&JEAN MCKEAGUE(SPP 12-141) Application for a Special Permit to allow the establishment of satellite learning and education center(school)on one acre of land situated within the State Land Use Agricultural District. The property is located.on 5'h Avenue approximately 1,000 feet northwest of the intersection of 54 Avenue and Kaloli Drive,Hawaiian Paradise Park Subdivision,Puna,Hawaii,TMK: 1-5-053:142. 3. APPLICANT: EDWIN L.LILLEY(SPP 12-142) Application for a Special Pemiit to allow the use of a portion of an existing dwelling as a real estate office that resides on approximately 1.27 acres of land situated within the State Land Use Agricultural District. The subject property is located on the east side of Kaluiiki Road, east of the Hilo Hongwannji Mission Cemetery, and approximately 250 feet north of the Kaluiiki Road—Kaumana Drive intersection, Kaiimana Homesteads, South Hilo, Hawai'i, TMK: 2-5-064:008. 1643 UNFINISHED BUSINESS—10:00 a.m. 4. APPLICANT: PLANNING DIRECTOR INITIATED Continued hearing regarding Non-Compliance with conditions of approval of Special Permit No. 1122 (SPP 1122) and special permit revocation proceedings pursuant to Condition No. 8 of SPP 1122. SPP 1122 was issued to Hawaii's Volcano Circus to allow the establishment of a performing arts educational center on 2.5 acres of land within a larger 10-acre site situated within the State Land Use Agricultural District. The properties are located within and adjacent to the west side of Kalapana Sea View Estates subdivision near the intersection of West Pohakupele Loop and Kehauopuna Street,Puna, Hawaii,TMK: 1-2-009: 034 and 1-2- 038: 050. UNFINISHED BUSINESS—12:00 v.m. 5. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL lCBESS (SPP 12-138) Continued hearing on an application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kauinana Drive and adjoining the Pacific Plantation Subdivision in Kai3mana, South Hilo, Hawaii,TMK: 2-5-006:141. UNFINISHED BUSINESS --1:30 n.m. 6. INITIATOR: PLANNING DIRECTOR Discussion of possible amendments to Planning Commission Rule No. 12 regarding the Geothermal Asset Fund relating to procedures and guidelines for the processing of proposed community approved geothermal impact mitigation projects within the District of Puna. MINUTES Approval of Minutes of the November 9,2012 meeting ADMWSTR.ATIVE MATTERS 1. Discussion regarding letter dated August 2,2012 from Council Chairperson Dominic Yagong to Windward Planning Commission Chairperson Zendo Kem requesting information on the process for requesting use of the Geothermal Asset Fund to fund a health study as a community approved mitigation project for the Puna community to address the alleviation or attenuation of direct detrimental effects of geothermal operations permitted under Geothermal Resources Permit No. 2. 2. Discussion regarding letter dated August 8,2012 from Councilperson Fred Blas to Windward Planning Commission Chairperson Zendo Kern requesting information on procedures for requesting use of the Geothermal Asset Fund to fund a health study for Puna to determine the possible negative impacts of geothermal power producing activities at the Puna Geothermal Venture Plant. 3. Election of Officers for 2013 2 1644 4. Status of applications heard by Windward Planning Commission that are pending before County Council, ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above matters. Submitting Testimon : According to Rule 1 (General Rules) of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name; residence address; and whether-the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the testimony. Written testimony shall be submitted with an original and nine copies prior to testifying. The Commission would appreciate timely submittal to the Planning Department at least one week prior to the hearing date to allow for mailing and thorough Commission review. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. Pursuant to Rule 4, Contested Case Procedure,of the County of Hawaii Planning Commission Rules of Practice and Procedure, any person seeking to intervene as a party to a contested case hearing on Agenda Item Nos. 1, 2 & 3 above is required to file a written request which must be received in the office of the Planning Department no later than seven(7)calendar days prior to the Planning Commission's first public meeting on the matter. Such written inquest shall be in conformity with Rule 4,in a form as provided by the Planning Department entitled "Petition for Standing in a Contested Case Hearing." The written petitionlrequest shall be filed with the Planning Commission at AUpuni Center, 101 Pauahi Street, Suite 3,Hilo,Hawaii 96720, and accompanied by a filing fee of$200 payable to the Director of Finance. Any party may retain counsel if that person so desires. Rule 4 may be inspected or purchased($2.50) at the above-cited location. Rule 4 may also be viewed at the County of Hawaii website (kitty-Uwww.co.Hawaii.hi.u.s Notice to Lobbyists: If you are a lobbyist,you must register with the Hawaii County Cleric within five days of becoming a lobbyist {Article 15, Section 2-91.3(b),Hawaii.County Code). A lobbyist means "any individual engaged for pay or other consideration who spends more than five hours in any month or$275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6),Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk,25 Aupuni Street,Room 1402,Hilo, Hawaii 96720. Copies of the applications and maps showing the general locations and boundaries of the areas under consideration and/or plans of the proposed developments are on file and open to isispection during office hours at the Planning Department,Aupuni Center, 101 Pauahi Street, Suite 3,Hilo,Hawaii and at the Planning Department—West Hawaii Office, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway, Kailua-Iona,Hawaii. 3 1645 Anyone who requires an auxiliary aid or service,other reasonable modification,or language interpretation to access this meeting please contact Sharon Nomura(961-8155)or Daryn Arai(961-8142)of the Planning Department as soon as possible,but no later than five days prior to the meeting date,to arrange for accommodations. "Other reasonable modification"refers to corrununication methods or devices for people with disabilities who are mentally and/or physically challenged. Hawaii County is an Equal Opportunity Provider and Employer. WINDWARD PLANNING COMMISSION BEAN AU,Chairperson Pro Tem (Hawaii Tribune Herald: Saturday, November 17, 2012) (West Hawaii Today: Saturday,November 17, 2012) 4 1646 ` William P.Kenoi " ' BJ Leithead Todd Mayor 'S'L ' Director r Margaret K.Masunaga • �. Deputy West Hawaii Office Fast Hevreil GTwz 74-5044 Ano Keobolmlole Hwy101 Naoahi Stied,Suite 3 wai Kallvn-M=6Hai96740 County of Hawair-i Hilo,Haw N96720 Phone(808)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANrtMG DEPARTMENT Fax(80$)9618742 November 13,2012 Dear Surrounding Property Owner: Special Permit Application(SPP 12-000138) Applicant: Connections New Century Public Charter School and Community Based Education.Support Services Request: To Develop a K to 12 Charter School C"us with Dorm Facilities, Intergenerational Programs, a Sustainable Agriculture Program and a Forestry/Conservation Program Tax Map Key: 2-5.006:141 This is to inform you that the above Special Permit is scheduled for a continued public hearing by the Planning Commission. Said hearing, among others,will be held beginning at 12:00 p.m. on Thursday,December 6,2012,in the County of Hawai`i Aupuni Center Conference Room, 101 Paushi Street,Hilo,Hawaii. A copy of the public notice is attached for your infonrnation. You are invited to comment on the application at the hearing or submit written comments prior to the hearing. Written comments (original and nine copies) will be appreciated at least one week prior to the hearing date in the Planning Department. Should you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, J LEITHEAD`TODD Planning Director Att. cc: Connections New Century Public Charter School Ted Hang,Esq. Aft �ivw- � Ffa+ce<t7CowagvfismiF�alr�poroz+�pRu�id�mrsdC,�eli,►,er in¢�haw:aiihe�,. 1647 NOTICE OF PUBLIC MEETING AND HEARINGS WINDWARD PLANNING COMMISSION COUNTY OF RAWAI`I NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92,Hawaii Revised Statutes, Section 6-7.5(a) of the Charter of the County ofHawai`i, and the Planning Commission's Rules of Practice and Procedure. DATE: Thursday,December 6,2012 TIME: 9:00 a.m. PLACE: County of Hawaii Aupun i Center Conference Room 101 Pauahi Street,Hilo,HI 96720 STATEMENTS FROM THE PUBLIC--Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. NEW BUSINESS— 9:00,%m, 1. APPLICANT: MILE MARKER 12,LLC (SPP 12-140) Application for a Special Permit to allow the establishment of a center for well-being, overnight accommodations and related-uses situated on an 11.33-acre portion of a 43.57-acre parcel of land within the State Land Use Agricultural District. The property is located approximately 65 feet south from the 12 mile hunker on the west(mauka) side of the Pahoa- Kalapana Road(Highway 130),Keahiala,Puna,Hawaii,TNvIK: 1-3-009:018 2. APPLICANT: SUZANNE BENNETT &JEAN MCKEAGUE(SPP 12-141) Application for a Special Permit to allow the establishment of satellite learning and education center(school)on one acre of land situated within the State Land Use Agricultural District. The froperty is located on 5h Avenue approximately 1,000 feet northwest of the intersection of 5 Avenue and Kaloli Drive,Hawaiian Paradise Park Subdivision,Puna,Hawaii,TMK: 1-5-053:142. 3. APPLICANT: EDWIN L.LILLEY(SPP 12-142) Application for a Special Permit to allow the use of a portion of an existing dwelling as a real estate office that resides on approximately 1.27 acres of land situated within the State Land Use Agricultural District. The subject property is located on the east side of Kaluiiki Road, east of the Hilo Hongwanji Mission Cemetery, and approximately 250 feet north of the Kaludki Road—Kaumana Drive intersection, K.aumana Homesteads, South Hilo, Hawai'L TMK: 2-5-064:008. 1648 UNFINISHED BUSINESS—10:00 a.m. 4. APPLICANT: PLANNING DIRECTOR INITIATED Continued hearing regarding Non-Compliance with conditions of approval of Special Permit No. 1122 (SPP 1122)and special permit revocation proceedings pursuant to Condition No. 8 of SPP 1122. SPP 1122 was issued to Hawaii's Volcano Circus to allow the establishment of a performing arts educational center on 2.5 acres of land within a larger 10-acre site situated within the State Land Use Agricultural District. The properties are located within and adjacent to the west side of Kalapana Sea View Estates subdivision near the intersection of West Pchakupele Loop and Kehauopuna Street, Puna,Hawaii,TMK: 1-2-009: 034 and 1-2- 038: 050. UNFINISHED BUSINESS—12:00 pan. 5. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCROOL /CBESS (SPP 12-138) Continued hearing on an application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with KaQmana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo,Hawaii, TMK: 2-5-006:141. UNFIliNBED BUSINESS—1:30 p.m. b. ENITTATOR: PLANNING D=CTOR Discussion of possible amendments to Planning Commission Rule No. 12 regarding the Geothermal Asset Fund relating to procedures and guidelines for the processing of proposed community approved geothermal impact mitigation projects within the District of Pima. MINiITES Approval of Minutes of the November 9,2012 meeting ADMINISTRATIVE MATTERS 1. Discussion regarding letter dated August 2,2012 from Council Chairperson Dominic Yagong to Windward Planning Commission Chairperson Zendo Kern requesting information on the process for requesting use of the Geothermal Asset Fund to fund a health study as a community approved mitigation project for the Puna community to address the alleviation or attenuation of direct detrimental effects of geothermal operations permitted under Geothermal Resources Permit No. 2. 2. Discussion regarding letter dated August 8,2012 from Councilperson Fred Blas to Windward Planning Commission Chairperson Zendo Kern requesting information on procedures for requesting use of the Geothermal Asset Fund to fund a health study for Puna to determine the possible negative impacts of geothermal power producing activities at the Puna Geothermal Venture Plant. 3. Election of Officers for 2013 2 1649 4. Status of applications heard by Windward Planning Commission that are pending before County Council. ANNOUNCENE NNTS ADJOURNMENT The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above matters. Submitting Testimony. According to Rule 1 (General Rules) of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name; residence address; and whether the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the testimony. Written testimony shall be submitted with an original and nine copies prior to testifying. The Commission would appreciate timely submittal to the Planning Department at least one week prior to the hearing date to allow for mailing and thorough Commission review. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. Pursuant to Rule 4,Contested Case Procedure,of the County of Hawai'i Planning Commission Rules of Practice and Procedure,any person seeking to intervene as a party to a contested case hearing on Agenda Item Nos. 1, 2 & 3 above is required to file a written request which must be received in the office of the Planning Department no later than seven(7) calendar days prior to the Planning Commission's first public meeting on the matter. Such written request shall be in conformity with Rule 4,in a form as provided by the Planning Department entitled "Petition for Standing in a Contested Case Hearing." The written petition/request shall be filed with the Planning Commission at Aupuni Center, 101 Pauahi Street,Suite 3,Hilo, Hawaii 96720,and accompanied by a filing fee of$200 payable to the Director of Finance. Any party may retain counsel if that person so desires. Rule 4 may be inspected or purchased($2.50)at the above-cited location. Rule 4 may also be viewed at the County of Hawaii website 0ft:/Avww.co.I-Iawaii.hi.us). Notice to Lobb 'sts: If you are a lobbyist,you must register with the Hawai'i County Clerk within five days of becoming a lobbyist {Article 15, Section 2-91.3(b),Hawai'i County Code). A lobbyist means"any individual engaged for pay or other consideration who spends more than five hours in any month or$275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6),Hawai'i County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk,25 Aupuni Street,Room 1402,Hilo,Hawai'i 96720. Copies of the applications and maps showing the general locations and boundaries of the areas under consideration and/or plans of the proposed developments are on file and open to inspection during office hours at the Planning Department,Aupuni Center, 101 Pauahi Street, Suite 3,Hilo, Hawaii and at the Planning Department—West Hawai'i Office,West Hawai'i Civic Center,74-5044 Ane Keohokalole Highway,Kailua-Kona, Hawai'i. 3 1650 Anyone who requires an auxiliary aid or service,other reasonable modification,or language interpretation to access this meeting please contact Sharon Nomura(961-8155)or Daryn Arai(961-8142)of the Planning Department as soon as possible,but no later than five days prior to the meeting date,to arrange for accommodations. "Other reasonable modification"refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Hawai`i County is an Equal Opportunity Provider and Employer. WINDWARD PLANNING COMMISSION DEAN AU, Chairperson Pro-Tem (Hawaii Tribune Herald: Saturday,November 17,2012) (West Hawaii Today: Saturday,November 17,2012) AdMk 4 165 � C TMK Owners) Ownets Mailing Andress 2-5-006:003 State of Hawaii N/A Segawa,Wesley R 19 Puuko Street 2-5-006:052 Se awa,Phyllis E Hilo,Hawaii 9i$6�'720 "#. a. -a Sc ��� Jart{� vi�''r 1342 Kilauea Avenue 2-5-006:160 Brilhante-Hawaii Inc. Hilo,Hawaii 96720 616 Moaniala Street 2-5-006:151 Pappas,Marilyn I Trust Honolulu,Hawai196821 282 Edits Street 2.5-061:033 Riley,Randell A Hilo,Hawaii 96720 272 Edita Street 2-5-061:032 Satalla Roxonne-Joy Cann Hilo Hawaii 96720 Yamashlro,Lorna Y 50 Manulele Street 2-5-061:031 Yamashiro,Neil Hilo,Hawaii 96720 Iwasaki,Alan 232 Edita Street 2-5-061:029 Iwasaki,Patsy Hilo,Hawaii 96720 77 Kukila Street 2-5-061:028 Modtida,Ivan S.Trust Hilo,Hawaii 96720 Gomes,Jeffrey,Kaloni 261 Edlta Street 2-5-061:007 Gomes,Wendy Keiko Hilo,Hawaii 96720 Tada,Glenn K 259 Edita Street 2-5-061:002 Tada,Koryn N Y Hilo,Hawaii 96720 1416 Pu'u Ale Place 2-5-0614003 Sakamoto Ernest A Trust Hilo Hawaii 96720 1360-D Mele Manu Street 2-5-061:012 Akarnine,Chun Y Trust Hilo,Hawaii 96720 Araujo,Lorrin T 1358-D Mete Manu Street 2-5-061:011 Arau o Margo reta Hilo,Hawaii 96720 Fuke,Aileen S 1358 Mele Manu Street,Apt.C 2-5-061:010 Fuke,Sidney M Hilo,Hawaii 96720 1360 C Mole Manu Street 2-5-061:013 Shiro,Douglas T Hilo,Hawaii 96720 1360 Mole Manu Street#B 2-5-061A14 Bevinen Family Trust Hilo,Hawaii 96720 Camacho,Brenda M K 1414-A Mole Marro Street 2-5-061:017 Camarho,david W Jr. Hilo,Hawaii 96720 Nishimoto,Nelson N 1414 Mole Manu Street,Apt.B 2-5-061:018 Omoto,Patty Ki oko Hilo,Hawaii 96720 Novak,Alien L 1414 C Mole Manu Street 2-5-061:019 Novak,Layne Y M Hilo,Howa[l 96720 Ludoff,Elaine L H Wilhelm,Steve K 1416 C Mele Manu Street 2-5-061:020 Wilhelm,Patricia J Hilo,Hawaii 96720 Takata, Brice Hiroshi %777 Ainako Avenue 2-5-061:021 Takata Christine Wko Hilo Hawaii 96720 Chun,Mark Richard 250 Edita Street 2-5-061:030 Takamiya, Marianne Yasuko Hilo,Hawaii 96720 P.O.Box 5915 2-5-061:022 Herzog,Markus 2010 Trust Hilo Hawaii 96720 1652 1464 Mete Manu Street 2-5.061:04i Mok,TR Hilo,Hawaii 96720 Arzaga,Noeml L 1468 Male Manu Street 2-5-061:042 Arza a,Rudy D Hilo,Hawaii 96720 1488 Mele Manu Street 2-5-061:043 Hudak,Daniel Robert Hilo Hawaii 96720 Veriato,Franklin D 1500 Male Manu Street 2-5-061:044 Veriato Virginia L Hilo,Hawaii 96720 Mural,Gary 299 A.Alu Road 2-5-061:045 Mural,Jacqueline K Walluku,Hawaii 96793 Kanahele,Kip Masao 1520 Mete Manu Streei 2-5-061:046 Kanahele,Valerie-Ann Lelko Hilo Hawaii 96720 1342 Kilauea Avenue 2-5-061:106 Brilhante-Hawaii Inc- Hilo,Hawaii 96720 1342 Kilauea Avenue 2-5-061:105 Brilhante-Hawaii Inc. Hilo,Hawaii 96720 13421U1avea Avenue 2-5-061:104 Brilhante-Hawall,Inc. Hilo Hawaii 96720 1342 Kilauea Avenue 2-5-0610 03 Brilhante-Hawaii Inc. Hilo,Hawaii 96720 1342 Kilauea Avenue 2-5-061:102 Brilhante-Hawall,Inc. Hilo Hawail 96720 1342 Kilauea Avenue 2-5-061:107 Brilhante-Hawaii,Inc. HIlo Hawaii 96720 Truesdell,Joel W 250 Kristian Street 2-5-061:049 Truesdell Elizabeth French Hilo Hawaii 96720 Santos,Robert J Tr 1540 Mole Manu Street 2-5-061:048 Santos,Celeste G Tr Hilo,Hawaii 96720 Wilson,Lee Michael Morita 1536 Mel&Manu Street 2-5-061:047 Wilson,Adrian Misoe Morita Hiio Hawaii 96720 2.43 Mikala Street 2-5-061 t068 Kimura,Larry L Hilo,Hawall 96720 Ogawa,Glenn 1495 Mel&Manu Street 2-5-061:069 Kouchi-O owo,Gail H Hilo Hawaii 96720 Bishop,Michael K/zak,Pamela V Trust 1485 Mete Manu Street 2-5-061:070 Botelho,Lee Uliani Hilo,Hawaii 96720 1473 Mele Manu Street 2-5-061:071 Yamone,Raymond Iwaa Trust Hilo Hawall 96720 Yamashita,Gary M 1457 Mel&Manu Street 2-5-061:072 Yamashita Rochelle A Hilo,Hawaii 96720 lido,Erwin Y 1449 Mele Mary Street 2-5-061:073 Lam-11da Julie C Y Hilo,Hawaii 96720 1439 Mele Manu Street 2-5-061:026 Sakamoto,Lester S Trust Hilo,Hawaii 96720 Ignacia,Michael L 141 1 Mete Manu Street 2-5-061:025 Ignacio,Gaudla D Hilo,Howil 96720 Tokuuke,Jon P 1395 Mete Manu Street 2-5-061:024 Talra-Tokuuke,Patti H Hilo Hawaii 96720 Shozuya, Eric M 1380 Mete Manu Street 2-5-061:016 �Shozuya,Barbara L Hilo,Hawaii 96720 1653 c/o Dana Kenny Hawaiian Island Homes Ltd 162 Kinoole Street,Ste 201 2-5-061:015 HIHL Meiemonu LLC Hilo,Hawaii 96720 Yokota,Melvin H 1358-A Mefe Manu Street 2-5-061:008 Yokota,Jan Hilo,Hawaii 96720 Kanemoto,Wayne K Trust 13586 Mele Manu Street 2-5-061:009 Kanemoto,Amy Emiko Trust Hilo Hawaii 96720 72 Palua Loop 2-5-061:007 Su i ama Bryan Hlroakl Family Trust Hilo Hawaii 96720 Kimura,John T TTEE 1300 Mele Manu Street 2-5-061:006 Kimura,Gail K Trust Hilo,Hawaii 96720 1290 Mels Manu Street 2-5-061:005 Leon S elly I AI son Y Kaku awa Trust Hilo Hawaii 96720 Hirano,Wataru Sano,Phyllis Anne Hirano-Omlzo,Naomi Y Trust 235 Edita Street 2-5-061:004 Hirono,Shlnae Hilo Howoll 96720 2-5-061:038 various 2-5-061:039 various 25 Aupuni Street 2-5-061:080 County of Hawaii Hilo,Howall 96720 Nagai,Masaru/Nancy Trust 1035 Kaumana Drive 2-5-011,011 Nagai,Nancy Hilo,Hawaii 96720 Cling,Carroll D 1045 Kaumana Drive 2-5-011-.012 Cling,Donnie Fa a Hilo Howail 96720 Papalrmu,Joseph Kaimi 1053 Kaumana Drive 2-5-011:013 Pa alimu Kohiolani Juanita Hilo Hawaii 96720 Fergerstrom,Norma R 1065 Kaumana Drive 2-5-01 1:014 FegerstromArnold TR Hiro,Hawaii 96720 Crivello,Ronald Anthony 1073 Kaumana Drive 2-5-011:015 Crivelio,Loretta Ale andro Hilo,Hawaii 96720 Sato,Mark M P.O.Box 529 2-5-011:016 Sato,Melissa A Kaneohe Hawaii 96744 20 Wawai Loop 2-5-011:017 Fer erstrom Arnold TR Hilo,Howan 96720 1 147 Kaumana Drive 2-5-011-018 Rushlow,John Howard Hilo,Hawaii 96720 Spencer,Thomas S Trust 11 10 Kaumana Drive 2-5-011-019 Spencer,New Tan Decd Hilo,Hawaii 96720 Wilson,Aiko T 1090-A Kaumana Drive 2-5-011:020 Wilson,Cyrus H Hilo,Hawaii 96720 1 131 Kaumana Drive 2-5-011-038 Carvalho John G Hilo,Hawaii 96720 1131 Kaumana Drive 2-5-011:039 Carvalho, John G Hilo,Hawaii 96720 c/o Barbara Brlckwood-Correa 1068 8 Kaumana Drive 2-5-011:043 Correa Family Trust Hrlo,Hawall 96720 ff"� cu. Moll 37 '..'.Jd 1654 • '�`�, t�h� .!^rv4 '�� � S mu fl L k1''araF a 7��.k'�= C r�ci"N � _ ss-���h. �t`�v:r 7 I-t 4' y s-. �1�F Ni��':�' : �'� �. . t 4: �.L�}rr ,tt U a �� �' � �fc � i a' ..+t ��#�� a"��'Y• .Ft '!A ;.5�,�a tr •E�'w 11�x y,� � �' <y e X ��• �{6 �:5�.« ,,�,, �`•-�.Tit -..� .�� }_ .4v�:F',(�, a �:(�Y' 9 V u.v -'rf � �±.�, ,i•, �"ld�x.S`F� I. -g~' O: e� ,fi s��C 'prdf�lr S ., y '� 3, 1�'• 3�.7"s�,.f� �^s-�., t `� � r�r:�,4 a r fg y7s - c�•�: r a`i'f 4s1."F'�`aZS's~ a'v'�F'shr � } x Prf"' .Ms, .,-;q #r� �'�r3'i�-h r� �'" r � 4 ��s ! =•L "�-�.�- �t, it 'k� eG'�'` r� •� '.i r'a^'Sa � Y+ �'��`"�� � .ys � �� 't-'�,..•�!��rJ•��� �v.r�r,�' � `a +t. ��yx1� -�'Y�.'fr�e x� 2�' 4�,i ;2-i� ��ri �__ 'tea_ �.• .dz4l. �r�..Z� i1M�,�a���r 7"`'����,y2.�'' ��'�3°,3i A� �7#�D 1 �k"�f� k�$ '� f�.iUN•r ^+ c��� }�4 '�� e � 4� .s''Yh++rA�E i �L}�'";u r��+�L��i.' rfb'�.•s. ,�• - .�' ,�T`c} �'y�:�.t��b5:f-�' —a,'s�L.f`•��'�F��"�j�+a'';:.*Fc {�'' a nF �r�•r'.,� 5Y V .}q-rni4 _��+'f.7 �}.+ra ,aa ��,�,4,. - s�• t'f•�, ti�rs�-r�;-+s�.�,a,�=. i-.1 k�+ �Y"e l '� •aJiSLYK-�kdt*•S gF-�- NP ST^'yam' 'T4' '�• � - n + fl3�S!'y�. A -�l'� � •L ���'Y�Y gip. k Ais:�w!-ry'•' Jr*u a t,�aT � ..� �.�fi,,'6�#.l �.,L��fC}4��•k`� - �`J }` 7 x i� ~`''F ks Y� err+*,." AIN � ?D;• fl'SO;�' - �. .�, .,/N�1_._ � .Fi�`Siz '::-r +r_ _ .<�..;•"moo .� �_..1,.,.a ''�'.^..'.1. , •,�S r P.O.Box 2463 2-5-027:021 Caravalho Family Trust Kallua-Kona Hawaii 96740 3572 Nipo Street AMML 2-5-027:001 Mitsuna a Edith S Trust Honoiulu Hawaii 96822 c/o Yamamoto,Elise CO-TTEE 1245 Kaumana Drive 2-5-027:002 Yamamoto,Fu ie F Trust Hib,Hawaii 96720 1876 Hate O Kea Street 2-5-027:003 Okutsu,Randal S Trust Hilo,Hawaii 96720 3572 Nipo Street 2-5-027:058 Mitwna a Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027:059 Mitsuna a Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027:060 Mltsuna a,Edith S Trust Honolulu Hawaii 96822 3572 Nipo Street 2-5-027:061 Mitsuna o,Edith S Trust Honolulu Hawaii 96822 3572 Nipo Street 2-5-027:062 Mhuna a,Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027:063 M•:tsuna a,Edith S Trust Honolulu,Hawaii 96822 3572 Nlpo Street 2-5-027x064 M'rtscma a,Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027:065 Mitsuna a,Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027:066 Mitsuna a Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5.027:067 Mitsuna a,Edith 5 Trust Honolulu Hawaii 96822 1655 Ushijima, Dean K 1215 Kaumana Drive Apt.C 2-5-027tO26 Ushifirna,Else H Hilo, Hawaii 96720 Segawa, Rodney Macy F 1215 D Kaumana Drive 2-5-027t027 Seeawa,Susan Marie Hilo,Hawaii 96720 Ebasu,Royce T Jr 1215 G Kaumana Drive 2-5-027-068 Ebow,Jane L A Hilo,Hawaii 96720 1215 G Kovmana Drive 2-5-027-,069 Ebosu,Jane y L A Trust Hilo,Hawaii 96720 Segawa,Rodney M F 1215 D Koumana Drive 2-5-027.070 Segawa,Susan Marle Hilo, Hawaii 96720 1213 A Kaumana Drive 2-5-027:005 Satq,Sandra Hilo,Hawaii 96720 Hasegawa,Edward K 250 N Judd Street 2-5-027-0416 Hasegawa,Carolina G C Honolulu,Hawaii 96817 1209 A Kaumana Drive 2-5-027-043 Perez, Catalina A Hilo,Hawaii 96720 Okuhara,Henry S P.O.Box 945 2-5-027:044 Okuhara,Norine N Hilo-,Hawaii 96721 Tumer,Jason Phillip 1209C Kaumana Drive 2-3-027.-045 Turner,Jennifer Sims Hilo,Hawaii 96720 823 Kaumana Drive 2.5-027.-053 Tsuchlya, Karl K Hilo,Hawaii 96720 Paiva, Paul P 1169 Kaumana Drive 2-5-027054 Parva,Shawn M Hilo,Hawaii 96720 1155 Kaumana Dr" 2-5-027055 Kornatsy,Garret T Hilo,Hawoli 96720 Inouye,Tatsuo Trust 2230 Apoepoe Street 2-5-027%056 Inouye,June Trust Pearl gy,Hawaii 96782 Goya,Melvin H Trust 1170 Kaumana Drive 2-5-027-.047 Goya,Ki ono Trust Hilo,Hawaii 96720 Kuwahara,Bryson T 1142 Kaumana Drive 2-5-027057 Kuwahara,Lorna T Hilo,Hawaii 96720 Kuwahara,Bryson T 1142 Kaumana Drive 2-5-027.-007 Kuwahara,Lorna T Hilo,Hawaii 96720 Oliveira,Mary Jane Oliveira,Manuel NI 1150 Koviviano Drive 2-5-027,008 Oliveira,Manual Jr Hilo,Hawaii 96720 98-459 Hoono Street 2-5-027.009 Yahata,Mkhiko Pearl City,Ho ail 96782 mmgti g"4- �f k. �j;� j f KA R,Aj WREWW NN W.511 AN N Am Nakamura,Bryce H P.O.Box 294 2-5-027t034 Nakamura,Sharyl S -Captain Cook,Hawaii 96704 1260 Kaumaria Drive 12-5-027.035 Robledo, Paulette A Trust Hilo,Hawalt 96720 1656 ' 1266 Kaumana Drive 2-5-027:036 Perreira Family 2008 Trust Hilo Hawaii 96720 1280 Kaumana Drive 2-5-027101 d Hoshide,Mi oko M Hilo Hawaii 96720 Shinto,Hollme 1272 Kournano Drive 2-5-027s040 Shin o,Aileen C Hilo Hawaii 96720 Kaneko,Ryan T 1294 Kaumana Drive 2-5-027:037 Kaneko,Aimee A Hilo,Hawaii 96720 1300 Kaumana Drive 2-5-0273038 Yoko ama,Jan K Hilo,Hawaii 96720 Fullsawo,Stanley K Fulisawa,Tammy L Fulisawa,Curtis S 1296 Kaumana Drive 2-5-027s039 Fu isawa Minerva S Hilo Hawaii 96720 2-5-0273015 State of Hawaii 1348 Kaumana Drive 2-5-0273023 Nakomoto,Tsur o Trust Hilo,Hawaii 96720 1360 Kaumana Drive 2-5-027:016 Otani,James M Hilo,Hawaii 96720 Matsu,Russell 1352 Kaumana Drive 2-5-027:041 Matsu,Lorraine H Hilo,Hawaii 96720 6 Pakole Way 2-5-027:020 Ota Hiroshi Shizoho Trust Hilo Hawaii 96720 .x Flrl s '�Y•TL1�,.�d • +r.'f�y�RZ'1;C i yvl ,� 51F•7 4, -�'r C-/° '.' �1 6'I� y i y y a ♦ r r ot�"�7t 7 •� � y � r �; '� i - a �' 1 4l. - 7 1 4�,.wc� �ti 5� t'bn ISx; ���� � .•'T2 rte s. �, �y'���i1 `!+[w-�, l •'S'`.�T,A{i :.��� i ({t. {L .�t g �� ���� 9 r� ° I'.l�; ,a?�5�. eO a_ m_ , .f(rl'1^+Y ,�`h ,°n` :fti"f''� •_� Mo- Fa b'rt i'. �&a al 6 fi *,, g.' •a.�nr 1 -�Y a '��'g rN.�+ ��� x x'�J,�y v�i�'x��}l t +wC�4�• sY �' ', x �Fi�f yr ,yh�.�'��'y�� -�'L Y`A`s.t � 1 y Niai'�.^� ai�w,'�,�7� f�•i-psi•: HIM- p NO NONE, EMUS S2NOWtl t�Fts 9JPa8� ,thy LfZ �'rr / AN N•�'� :y�.�ryry�-�.7. 32� a. � ,'' u- 1 �''¢ �- r�.�✓i,.7 i i�k.s �.� �' r al�"'C�'a.�-s;i1 ��Y� Las c �,_r0�nl,.'�1<�f ��., �i� �` �i �'��•�-,:�R�.l�.res r�+'.,. ;n �' ia'sr�.=r'avk.�..'ue�v�v�tai r:�'•w�.:.x+c�..c1:�,:' 4 y` g �- �..: M'4NIN 110 W"Llmlti1r� +�4Y�,�'S'_f.�Y��: .,x� Ali '' .k•F'* Ik 1�t '�4� sad'}r "sT r' `�G3; ,� �'.� r. FW—, V Segawa,Herbert A 2-5-027:071 Segawa,Kay K P2-5-027. 04 various 1657 A 2-5-027.077 Chodc,Laura Y Trust Z NT 0;-S U10— .-0 A Ahla,Lily Auld 2-5-027019 Ahia,William Kalaemakani Leap,Toro Kalelehuaokoleflaril 1503 Kaumana Drive 2-5-040,011 Lee,Doreen Konanl Hilo,Hawalt 96720 98 Waloa Road 2-5-040:010 Tomota,Keill Jennifer Leihua Hilo,Hawaii 96720 Otani,Noriaki Otani,Fulle Otani,Brad Hiro Otani,Max Norio 1489 Kaumana Drive 2-5-040-009 Faiva,Shown Morle Hilo,Hawaii 96720 Hiroyama, Ellen Etsuko Hirayoma,Ellen Setsuko Kitamura, Klmiko Kitamura,Susan Setsuko Kitamura,Todayuki 1479 Kaumana Drive 2-5-040:008 Kitamura,Wayne KozuytC Hilo,Hawaii 96720 Oldfield,Frances 1473 Kaumana Drive 2-5-040-007 Oldfield,Richard Hilo,Hawaii 946720 Almeida,Jewels Anuenue 561 AIN Place 2-5-040:006 Almeida,Mark Kaipo Kallua,Hawaii 96734 Hennessey,Brendan J 1447 Kaumana Drive 2-5-040036 Johnson,Melissa Ann Hilo,Hawaii 96720 Yashimura,Chbako 1441 Kaumana Drive 2-5-040405 Yoshkmro,Gary K Hilo,Hawaii 96720 250 N Judd Street 2-5-040435 Hasegawa,David A C That Hwolulp,Hawarl 96837 Tlogangco,Anne A 1391 Kaumana Drive 2-5-040-004 Tip an Jordan L Hilo,Hawaii 96720 Enokl,Calvin H Trust 1381 Kaumana Drive 2-5-040;003 Sayama-Enoki,Sandra H Trust Hilo,Hawaii 96720 Kaitoku,George M 1375 Kaumana Drive 2-5-040:002 Kaftku,Joyce H Hilo,Hawaii 96720 P. O.Box 4305 2-6-040-040 Hinez,Matthew F Hilo,Hawaii 96720 Oblero,Daln M Oblero,Seen W Rezentes,Henry J 1367 Kaumana Drive 2-5-040%001 Rezentes, Raquel K Hilo,Hawaii 96720 1374 Kournono Drive 2-5-0401039 Torna, Bryson Hilo,Hawaii 96720 1658 ' 1027 Kagawa Street 2-5-040:041 Shaver James R Pacific Palisades,California 90272 1468 Kaumana Drive 2-5-040:015 Lee-Ching,Richard Trust Hilo,Hawaii 96720 Fujimoto,Byron S 142 Puhill Street 2-5-040:014 lwase,ShirleyT Hilo,Hawaii 96720 Rodillas,Francis Herbert 50 Akala Road 2-5-040:018 Rodillas,Martha Ann Hilo Hawaii 96720 Rodillas,Francis Herbert 50 Akala Road 2-5-040:0x2 Rodillas,Martha Ann Hilo,Hawaii 96720 Rubio,Karen Lelko 226 Akata Road 2-5-040:013 Rubio,Lloyd J Hilo,Howatl 96720 2-5-040:012 State of Hawaii Kaumona Cave Park Butz,Marc 55 Akalo Road 2-5-040:019 Glan re orlo Desiree Hilo Hawaii 96720 Flood,Jeanie L 1600 Kaumana Drive 2-5-040:020 Flood Shown G Hilo Hawaii 96720 r�x'tc�� ':� }:� z U�,,,i Cr Yn��t1'tt�k•' ,k +:1 �' c �1 r rf �' c� �,� � ..S�jM '� 7'�� �. ��s�°`T�'.�q'�/��y��F 4� �� �(:�tt'ti'.o�1 nriY�hq�_��3xr.+'€Yr s'. � �"i °"�' �;.�4���. r�:.�<•�ri��rr�':�, �':� -rf'xn7r4 r t �,-3 a icy > `" rk S s�-' i y,r, 5"r�'}� �'$' USk�-1 }.kr i s t c'§ -i?:i�/x Q 0 f tfs^"�' �' y r,C < - : �. eY k' -..?.RI7.Sr' a _�.IF9i..7 ��.r - y t,� -,� Y [ a1 _ 4 r � L� � � i'l.rS �} C:y_.t 4 •W A'IF�` 2r ..0274${.0 Ceor► :51apr_on'Ann 1659 Street Address of TMK NA Puainako Street Ext N/A 282 Edita Street 272 Ed ito Street 264 Edtto Street 232 Editor Street 224 Editor Street 281 Edito Street 259 Editor Street N/A 1360 D Mete Manu Street 1358 D Mete Mom Street 1358 C Mele Manu Street 1360 C Mole Mono Street 1360 B Mete Mary Street 1414 A Melo Manu Street 1414 B Mele Manu Street 1414 C Mele Manu Street 1416 C Male Manu Street 1416 B Mele Mom Street 250 Edita Street 1416 A Mele Manu Street 1660 1464 Mele Manu Street 1.468 Mele Manu Street 1488 Mele Manu Street 1500 Male Manu Street 1510 Male Manu Street 1520 Mele Manu Street Kristiono Street Kristiono Street Krlstlano Street Kristiono Street Kristiano Street Kristiono Street 250 Krlsftano Street 1540 Mole Manu Street 1536 Mete Manu Street 243 Mikola Street 1495 Male Manu Street 1485 Male Monu Street 1473 Mole Manu Street 1 A57 Mele Manu Street 1A49 Male Manu Street 1.439 Mele Manu Street 7471 Mele Manu Street 1395 Mele Manu Street 1380 Mele Manu Street ' 1661 1360 A Male Manu Street 1358 A Mele Manu Street 1358 B Mele Manu Street N/A 1300 Mele Manu Street 1290 Mele Manu Street 235 Edna Street Road Road Road 1035 Kaumana Drive 1045 Kaumana Drive 1053 Kaumana Drive 1065 Kaumana Drive 1073 Kaumana Drive NA 1139 Kaumana Drive 1147 Kaumana Drive 1110 Kaumana Drive 1090 Kaumana Drtve N/A flume R W 1 131 Kaumana Drive 1074 Kaumana Drive 1662 .,,�•h`� »moi'..; -x°��:T.ar y�•,�Mrr+ iti- 12 ,..0 ' �$t��13e'x r; M .., ' +�.i , 5, dam ' ,539�3;�C, brri�nax�rCve..;,fs. r IMMM 1253 Kaumana Drive 1265 A Kaumana Drive 1245 Kaumana Drive 1223 Kaumana Drive 1265 S Kaumana Drive 1265 G Kaumana Drive 1265 E Kaumana Drive 1265 D Kaumana Drive 1265 F Kaumana Drive 1265 G Kaumana Drive 1265 H Kaumana Drive 1265 M Kaumana Drive 1265 L Kaumana Drive 1265 K Kaumana Drive 1663 1215 C Kaumana Drive 1215 D Kaumana Drive 1215 G Kaumana Drive N A(road?8 N/A road?? 1213 A Kaumana Drive 1211 Kaumana Drive 1209 A Kaumana Drive 1209 9 Kaumana Drive 1209 C Kaumana Drive 1175 Kaumana Drive 1 169 Kaumana Drive 1155 Kaumana Drive NA 1170 Kaumana Drive 1 142 Kaumana Drive NA 1150 Kaumana Drive 1 162 Kaumanat Drive �ytla'- �;2Q f fF d,a c +y� lit i. �<���-�Car?rr�a �D.r1Ye� 1240 Kaumana Drive 1260 Kaumana Drive 1664 1266 Kaumana Drive 1280 Kaumana Drive 1272 Kaumana Drive 1294 Kaumana Drive 1300 Kaumana Drive 1294 Kaumana Drive Kaumana Drive 1348 Kaumana Drive 1360 Kaumana Drive 1352 Kaumana Drive N/A r . . mar=<r ow y, Qi n t c' 9 µ N/A road ay roadway 1665 V21- N/A roadway ... - Y 4sF / 3T ifr. 'F•.:N 1F h N/A roadway 1503 Kaumana Drive 1493 Kaumana Drive 1489 Kaumana Drive 1479 Kaumana Drive 1473 Kaumana Drive 1451 Kaumana Drive 1447 Kaumana Drive 1441 Kaumana Drive 1433 Kaumana Drive 1391 Kaumana Drive 1381 Kaumana Drive 1375 Kaumana Drive 1359 Kaumana Drive 1367 Kaumana Drive 1374'Kaumana Drive 1666 e 1394 Kaumana Drive 1468 Kaumana Drive 1.486 Kaumana Drive 1486 A Kaumana Drive 50 Akala Road 1496 Kaumana Drive 1568 Kaumana Drive 55 Akalo Road 1600 Kaumana Drive 1667 zr,OF,f:4 wilham P.Kenoi •• •:tip BI Leithead Todd may- Dimclor Margaret K.Mam mga Deputy •�OF%FSM West Hawaii Office Fast Hawaii Office 74-5044 Ane Keohoko lolo Hwyr► • 101 Pauahi Strad,Stine 3 Kailua-Kona,Wwai'l 96740 County ofr Hawaxit Mlo,Hawai'i 96720 Phona(808)323-4774 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 November 13,2012 Dear Surrounding Property Owner: Special Permit Application(SPP 12-000138) Applicant: Connections New Century Public Charter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Dorm Facilities, Intergenerational Programs, a Sustainable Agriculture Program and a Forestry/Conservation Program Tax Map Key: 2-5-006:141 AML This is to inform you that the above Special Permit is scheduled for a continued public hearing by the Planning Commission. Said hearing, among others,will beheld beginning at 12:00 p.m. on Thursday,December 6,2012,in the County of Hawaii Aupuni Center Conference Roam, 101 Pauahi Street,Hilo,Hawaii. A copy of the public notice is attached for your information. You are invited to comment on the application at the hearing or submit written comments prior to the hearing. Written comments (original and nine copies) will be appreciated at least one week prior to the hearing date in the Planning Department. Should you have any questions,please feel free to contact Jeff Darrow at 961-815 8. Sincerely, 3J LEITHEAD TODD Planning Director Att. cc: Connections New Century Public Charter School Ted.Hong,Esq. +►�. nlameinq�x.cnm h'axWlCaunrrbovLoalOppormi;vProtidarand&nplawr panaine ro.hawaii.h9.us 168 NOTICE OF PUBLIC MEETING AND HEARINGS WINDWARD PLANNING COMMISSION COUNTY OF HAWAII NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92, Hawaii Revised Statutes, Section 6-7.5(a) of the Charter of the County of Hawai'i, and the Planning Commission's Rules of Practice and Procedure. DATE: Thursday,December 6,2012 TIME: 9:00 a.m. PLACE: County of Hawaii Ai4nvj Center Conference Room 1.01 Pauahi Street,Hilo,HI 96720 STATEMENTS FROM THE PUBLIC—Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. NEW NSINESS-- 9:00 a.m. 1. APPLICANT: MILE MARKER 12,LLC (SPP 12-140) Application far a Special Permit to allow the establishment of a center for well-being, overnight accommodations and related uses situated on an 11.33-acre portion of a 43.57-acre parcel of land witbin the State Land Use Agricultural District. The property is located approximately 65 feet south from the 12 mile marker on the west(mm*a)side of the Pahoa- Kalapana Road(Highway 130), Keahiala, Puna,Hawai'i,TMK: 1-3-009:018 2. APPLICANT: SUZANNE BENNETT&JEAN MCKEAGUE (SPP 12-141) Application for a Special Permit to allow the establishment of satellite learning and education center(school)on one acre of land situated within the State Land Use Agricultural District. TMe�raperty is located on 5b Avenue approximately 1,000 feet northwest of the intersection of 5 Avenue and Kaloli Drive,Hawaiian Paradise Park Subdivision,Puna,Hawaii,TMK: 1-5-053:142, 3. APPLICANT: EDWIN L. LILLEY(SPP 12-142) Application for a Special Permit to allow the use of a portion of an existing dwelling as a real estate office that resides on approximately 1.27 acres of land situated within the State Land Use Agricultural District. The subject property is located on the east side of Kaluiiki Road, east of the Hilo Hongwanji Mission Cemetery,and approximately 250 feet north of the I{aluiiki Road--Kafimana Di ive intersection, Kaamana Homesteads,South Hilo, Hawaii, TMK:2-5-064:008. qW 1669 { UNFINISHED BUSINESS—10:00 4. APPLICANT: PLANNING DIRECTOR INITIATED Continued hearing regarding Non-Compliance with conditions of approval of Special Permit No. 1122 (SPP 1122)and special permit revocation proceedings pursuant to Condition No.8 of SPP 1122. SPP 1122 was issued to Hawaii's Volcano Circus to allow the establishment of a performing arts educational center on 2.5 acres of land within a larger 10-acre site situated within the State Land Use Agricultural District. The properties are located within and adjacent to the west side of Knlapana Sea View Estates subdivision near the intersection of West Pohalupele Loop and Kehauopuna Street,Puna,Hawaii,TMK: 1-2-009: 034 and 1-2- 038: 050. UNFINISHED BUSINESS—12:00 n.m. 5. APPLICANTiMPO NECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL ICBESS (SPP 12-138) Continued hearing on an application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana,South Hilo,Hawaii,TMK: 2-5-006:141. UNFINISHED BU&NESS —1:30 g.m. 6. INITIATOR: PLANNING DIRECTOR Discussion of possible amendments to Planning Commission Rule No. 12 regarding the Geothermal Asset Fund relating to procedures and guidelines for the processing of proposed community approved geothermal impact mitigationprgccts within the District of Puna. MINUTES Approval of Minutes of the November 9,2012 meeting ADMINISTRATIVE 1VIA TERS 1. _...Discussion regarding-letter.dated AuVA-2;'2012 from Council Chairperson Dominic Yagong to Windward Planning Commission Chairperson Zendo Kem requesting information on the process for requesting use of the Geothermal Asset Fund to fund a health study as a community approved mitigation project for the Puna community to address the alleviation or attenuation of direct detrimental effects of geothermal operations permitted under Geothermal Resources Permit No. 2. 2. Discussion regarding letter dated August 8,2012 from CouncUperson Fred Blas to Windward Planning Commission Chaitperson Zendo Kern requesting information on procedures for requesting use of the Geothermal Asset Fund to fiord a health study for Puna to determine the possible negative impacts of geothermal power producing activities at the Puna Geothermal Venture Plant. 3. Election of Officers for 2013 16; 1 4. Status of applications heard by Windward Planning Commission that are pending before County Council. ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above matters. Submitting Testimony: According to Rule 1 (General Rules) of the Plarcring Commission, a person desiring to submit oral or written testimony shall indicate her/his name; residence address; and whether the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on-behalf of an organization, docuriientiti'oii showing rnenibership ratificafi6n should accoiripany thetaidmoiiy. Written testimony shall be submitted with an original and nine copies prior to testifying. The Commission would appreciate timely submittal to the Planning Department at least one week prior to the hearing date to allow for mailing and thorough Commission review. Testimony that is irrelevant or unduly repetitious maybe limited by the Chairperson pursuant to Rule 1. Pursuant to Rule 4,Contested Case Procedure,of the County of Hawaii Planning Commission Rules of Practice and Procedure,any person seeking to intervene as a party to a contested case hearing on Agenda Item Nos. 1, 2&3 above is required to file a written request which must be received in the office of the Planning Department no later than seven(7) calendar days prior to the Planning Commission's fust public meeting on the matter. Such written request shall be in conformity with Rule 4,in a form as provided by the Planning Department entitled "Petition for Standing in a Contested Case Hearing." The written petition/request shall be filed with the Planning Commission at Aupuni Center, 101 Pauahi Street,Suite 3,Hilo,Hawaii 96720, and accompanied by a filing fee of$200 payable to the Director of Finance. Any party may retain counsel if that person so desires. Rule 4 may be inspected or purchased($2.50)at the above-cited location. Rule 4 may also be viewed at the County of Hawaii website (bM://www.gg.Hawafi.hi.us). Notice to L&bbyists, If you are a lobbyist,you must register with the Hawaii County Clerk within five days of becoming a lobbyist (Article 15,Section 2-91.3(b),Hawaii County Code). A lobbyist means"any individu&engaged for pay or other'consideration who.spends more than five hours in any month or$275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6),Hawaii County Code} Registration forms and expenditure report documents are available at the Office of the County Clerk,25 Aupuni Street,Room 1402,Hilo,Hawaii 96720. Copies of the applications and maps showing the general locations and boundaries of the areas under consideration and/or plans of the proposed developments are on file and open to inspection dmhig office hours at the Planning Department,Aupuni Center, 101 Pauaw-Street, Suite 3,Hilo, Hawaii and at the Planning Department—West Hawaii Office, West Hawaii Civic Center, 74-5044 Ane Keohokalole Highway,Kailua-Kona,Hawaii. 3 1671 Anyone who requires an auxiliary aid or service,other reasonable modification,or language interpretation to access this meeting please contact Sharon Nomura(961-8155)or Daryn Arai(961-5142)of the Planning Department as soon as possible,but no later than five days prior to the meeting date,to arrange for accommodations. "Other reasonable modification"refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Hawaii County is an Equal Opportunity Provider and Employer. WINDWARD PLANNING CON MISSION DEAN AU, Chairperson Pro-Tem (Hawaii Tribune Herald: Saturday,November 17, 2012) (West Hawaii Today: Saturday,November 17,2412) 4 1672 f 1�lZ '4c t, xo � s � x � f N a t,] 14,0 o O d c - . V `"177 f�iC Q C!] N <0 co �ayo, Ir til ©rte 1673 William P.Kenoi .T" •. , B3 Leithead Todd Maw,- .'' Dlreator Margaret K.Masunaga peputy •�µw.p WestHawai'J Office East Aawai'i office 74-5044 Me Krmhokalole Hwy14J Pauahi Street,Sudo 3 Kaiiva-Kona,Hawaii 96740 County of Hawaili Hilo;Hawaii 96720 Phone(808)323-4770 Phone(809)961-8288 Fax(SM)327-3563 PLANNING DEPARTMENT tic(808)961-3742 Novemb er 16,2012 Ted H. S.Hong,Esq, P.D.Box 4217 Hilo,M 96720 Dear Mr.Hong: Special Permit Application(SPP 12-000138) Applicant: Connections New Century Public Charter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Dorm Facilities, Aft Intergenerational Programs;a Sustainable Agriculture Program,and a Forestry/Conservation Program Tax MV KMr 2-5-006:141 To supplement our previous letter to you and your client slated November 13,2012, we also wanted to inform you that the Planning Commission, at its November 9,2012 meeting and as part of its aeon to continue the hearing on the above platter,encouxaged the Applicant to meet with the adjoining and surrounding community in the hopes of addressing the concems that were expressed. We look forward to the Applicant providing an update of this effort at the Commission's next meeting scheduled for Thursday,December 6,2012 at 12:00 p.m.in the County of Hliwai`i Aupuni Center Conference Room,101 FauaW Street,Hilo,Hawaii. Your presence or the presence of an authorized representative will be appreciated in order that all questions relative to the request may be clarified. Should you have any questions regarding the above,please do not hesitate to contact JeffDarrow of this department at 961-8288,ext. 8158. Sincerely, 401 LEITHEAD TODD Planning Director Att. cc: Connections New Century Public Chatter School&CBESS NOV 16 ZUT xx�v a ate i Raw iComity}swsEqudOppzi 'Pms3derard&ployw nlanniqgOxaha i. i. 167 T'ed H.S. Hong �' Attorney at Law Employment,Workplace Law&Lttigatkn ?i Sue Lee Loy r, 4 Planner and Legal Assistant .�� r-•• -,, n 4�� 1 « - November 16, 2012 Theonorable eithead-ToDirector ltrF;;:' •� q HBT Ldd� The Honorable Chairman of the Windward Planning Commission and Members of the Windward Planning Commission f'�� 101 Pauahi% Street, Suite 3 M4 {fit � 4f Hilo,Hawaii 96720 RE: REQUEST FOR CONTINUANCE CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/CBESS (SPP 12-138) - :Y^, Dear Director Leithead-Todd, Chairman and Members of the Windward Planning Commission: At the November 9 2012 the Windward Planningti Commission hereinafter Commission'e voted to continue the hearing of an application for a Special Perrnit SPP 12-138 for the Applicant, Connections New Century Public Charter School and CBESS to 1)prepare information related to water calculations for the project,2)discuss alternative access with an adjacent property owner and 3 hold an additional H4'✓ �fitt' community meetings to discuss the project. �k!•S, f � Regarding item 1 of the Commission's decision,the Applicant's consultant's have developed information related to the water calculations and as a matter of record,these water analyses are preliminary and Y,. somewhat premature in nature as the calculations are normally developed when more refined architectural 'F' l designs and detailed engineering studies are completed, however,in an effort to address the concerns of the Commission,preliminary estimated potable water usage will be transmitting to the water department vs•3., the week of November 19,21312. It is ulll:nown at this time t;1e~Nater d:p�;lErrle 1t's ability to evaluate the .:� 74t�=r► water calculations in the absence of architectural designs and detailed engineering studies;however our consultants will direct any information that emerges to the Planning Director. ., ; Regarding item 2 of the Commission decision,our office has been coordinating with the adjacent Iandowner a discussion related to alternative access. Based on various information requested by the 1 r'' adjacent property owner and professional schedules of the landowner, my office and the Planning Director,we hope have a meeting the week of December 3 2012. We continue to work toward this meeting. kJv� ��. V 2'348 A, '.,fp6 ��' ,x" y RC?. Bax 42 17 1411co, Hawal'1 96720 Phone: (808) 960-3156 >rmall: ted0tedhonalai 1675 The Honorable BI Leithead-Todd,Director The Honorable Chairman of the Windward Planning Commission and Members of the Windward Planning Commission RE:REQUEST FOR CONTINUANCE-CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/CBESS (SPP 12-138) November 16,2012 Page 2 ' . . . Regarding item 3 of the Commission decision,the Applicant is currently looking into securing various facilities for a meeting with area residents,with Kaumana Elementary School being the ideal site, r. {� however,based on the condensed time line,the holiday and other variables,dates for facilities are available after the scheduled December 6,2012 Planning Commission hearing. 4 Based on the above information the Applicant requests a continuance to address the items related to the Comrnissions requests. Should you have any questions,please feel free to call my office at 933-1919. � Regards, S.Hong,Esq. 4 c: Client .•i. ,:ray-,} Itr���a r� 1 676 %ti.. DEPARTMENT UL CH EE—PLANNING 8 ENVIRONMENTAL ^ z u ^."F 20 XM V 26 8: 7,2 TRANSMITTAL DATE: November 21, 2012 TO: Ms. B3 Leithead Todd,Director County of Hawaii Planning Department Aupuni Center 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 ATTN: Mr. Jeff Darrow FROM: Celia Shen.,Planner RE: Special Permit Application(SPP 12-000138) Connection Public Charter School TNM(3)2-5-006:141 COPIES DESCRIPTION 1 Copy of preliminary water consumption estimates PURPOSE: ( ) As Required ( } Necessary Action ( ) As Requested ( } Signature (X) Information and/or Use (X) Record and File ( ) Review and Comment ( ) Other: REMARKS: Submitted herewith is a copy of the report containing the preliminary potable water consumption estimates that were requested at the November 9,2012 Planning Commission hearing. An original of the report was sent to the Department of Water Supply. If you have any questions,please contact Celia Shen at 596-4688 or cshen@wcphawaii.com. Thank you. �S ANNED Providing Services Since 1976 � �►•rV������ t Land Use Planners and Environmental Consultants 11018 Palm Drive • Honolulu, Hawai'I 96814 • Phone 898-598-4888 • Fax 808-597-1851 - E-Mail wcp@wcphawaii.com 1677 WIL GHEE-PLANNING&ENVIRONMENTAL November 21.,2012 12 ``9V 26 b Quirino Antonio, Jr.,Manager-Chief Engineer Department of Water Supply County of Hawaii 345 Kekuanaoa Street, Suite 20 Hilo,Hawaii 96720 Subject: Special Permit Application SPP 12-000138 Connection Public Charter School TMK(3)2-5-006:141 Attn: Mr. Finn McCall Mr. McCall, In response to a request made at the November 9, 2012 Planning Commission hearing,Wil Chee-- Planning&Environmental hereby submits the attached report containing preliminary estimates of potable water consumption for the proposed project. It is important to note that the project is still in the planning stage. Use of non-potable water or waterless fixtures is being considered for the project, and these preliminary estimates do not account for these usage options. During the project's design phase when additional engineering evaluations and analysis are to be undertalren,_a determination will made as to which fixtures would be using the allotted 4,200 gpd of potable water and which fixtures might be served by non-potable water or be waterless. Subsequent to this future analysis, a refined estimate of potable water consumption can be derived. These detailed calculations,-which are required prior to effecting a water commitment for the project,will be submitted to DWS within 180 days of the effective date of the permit. These calculations will include the estimated maximum daily potable water demand for the project,including estimated peak flow in gallons per minute. If you have any questions,please feel free to contact me at(808)596-4688 or cshen@wcphawaii.com. Sincerely, � Celia Shen Planner c. County of Hawaii Plannnp Departnent Ted H.S.Hong,&q. CBESS-Friends of Connections Froxiding Services Since 1976 . 082320 Land Use Planners and EmAr4nmental Consultants 1018 Palm Drive • Honolulu, Hawaii 96814 . Phone 808-5964688 • Fax 808-597-1851 • E-Mail wcp@wcphawaii.c 167 Special Permit Application(SPP 12-000138) Connections Public Charter School Th+ff,,-(3)2-5-006:141 Preliminary Estimate of Potable Water Consumption The campus plan shown in the Special Perrftit application is conceptual in nature and represents the ultimate vision for the proposed campus.There currently are no plans to grow the school beyond what is represented in the application. Refined architectural design and detailed engineering studies and analyses are to be undertaken when the necessary land use entitlements are obtained. The Applicant is aware and understands that the DWS-allocation of potable water available to the subject property is limited to a maximum daily usage of 4,200 gpd,which . ultimately may constrain the scope of the proposed project;however,this cannot be determined until further engineering analyses have been conducted. The school envisions this proposed campus to be a model and laboratory of sustainability for instructional curriculum purposes, and will seek all opportunities to reduce water consumption. Due to the limited allocation, one of the objectives of this project is to use DWS-supplied water for those uses that truly require potable water, Non-potable water(e.g., catchment water and recycled wastewater)will be used wherever feasible in lieu of potable water. As part of the engineering analyses, an evaluation and estimate of the project's potable and non-potable water demands will be made. The proposed campus is planned to be LEED Silver or higher.Water conservation strategies, such as selection of low-flow fixtures and use of non-potable water,will help attain the necessary points for LEED certification. Water closets and urinals comprise a substantial portion of potable water usage that could be replaced by non-potable water. The decision whether to use potable or non-potable water for water closets and urinals(or waterless)will be made during the engineering analysis and design phase. Subsequent to the engineering analysis, the Applicant intends to submit to DWS, as stipulated in DWS's comment letter dated August 29,2012,detailed calculations showing the estimated maximum daily potable water demand for the project, which will include the estimated peak flow in gallons per minute and the total estimated maximum daily potable water demand in gallons per day. However,in response to the request made at the November 9,2012 Planning Commission hearing, the Applicant is providing preliminary consumption estimates for DWS review. Attachment 1 provides preliminary estimates of anticipated potable water usage prepared by WSP Group,Urban Works' (project architect)mechanical engineer for this project.Based on the typical water usage rates for boarding schools and days schools with a cafeteria,,as provided in the American Water Works Association's (AWWA)Water Distribution Systems Handbook, average potable water usage for the entire campus could be expected to range from a low of Connections Public Charter School Preliminary Estimate of Potable Water Consumption November 21,2012 Page 2 approximately 6,858 gpd to a high of 10,828 gpd. With the use of low-flow fixtures,it is expected that water usage would be closer to the lower end of the range. Note that these are preliminary estimates as it has not yet been determined which fixtures would be using the allotted 4,200 gpd of potable water. As stated, use of waterless fixtures or non- potable water for urinals and water closets will be evaluated during the design phase. If waterless fixtures or non-potable water are used, it can be reasonably expected that total potable water usage could be lower than shown in the preliminary estimate. A revised estimation of potable water usage will be developed during the design phase when the additional engineering analysis is undertaken. Attachment 2 provides an alternate estimation of water usage for a school without a cafeteria—a facility and use with a high potable water demand. This methodology assumes use of 16w-flow fixtures and potable water usage for water closets, urinals, lavatories and classroom sinks. Based on this estimation, campus water usage can be estimated to range from 3,625 gpd to 5,215 gpd. Again,note that this preliminary estimate assumes potable water use for urinals and water closets. If non-potable water is used or waterless fixtures are selected,total potable water usage could be lower than shown in the preliminary estimates. Based on these preliminary estimates the 4,200-gpd of potable water,while possibly not sufficient to support the entire campus(although this will not be known definitively until the additional engineering analysis is undertaken during the project's design phase), can sustain development of several campus components. (For reference,Attachment 3 shows a breakdown of approximate water usage by program. This breakdown is derived from the usage estimates for a day school without a cafeteria provided in Attachment 2). The project implementation phasing presented in the Special Permit application places the high school program on the subject property first, followed by the intermediate school program,the elementary school program and cafeteria, and lastly the dormitory and intergenerational facilities. Using the estimates provided in Attachments 1, 2, and 3 it can be reasonably expected that the 4,204-gpd-allocation would be reached during Phase 7 when the elementary school program and cafeteria are placed on the site. Therefore,it could take anywhere from 10 to 16 years to reach the point when additional potable water is needed. During the design phase when additional evaluation and analysis of the project's potable water demands are conducted, the Applicant may choose to reprioritize project phasing to ensure that the more critical components of the project are constructed first to ensure provision of potable water by the DWS allocation. The Applicant understands that if the engineering analysis shows that the entire campus cannot be sustained by the 4;200-gpd allocation, an additional source of potable water would be needed to realize full build-out of the campus. At this time, a definitive solution is not immediately evident. Additional studies and cost analysis would be needed to determine-the most feasible option for sourcing additional potable water. Additional sources of potable water could include using rain catchment to supply an on-site potable water system(this would have to meet DOH AOL standards for a regulated public water system), or developing, or contributing to development of a potable water well. Development of a potable water well could be accomplished through a 161 Connections Public Charter School Preliminary Estimate of Potable Water Consumption November 21,2012 Page 3 ' development agreement with DWS,which could include, among•other things, contributing to the cost of system improvements and/or developing a well with dedication to DWS,in exchange for additional water credits. As growth in the Hilo area continues,there may also be opportunity to enter into a joint-development agreement with another developer and DWS to gain additional water credits. Considering that it could reasonably take between one to two decades before the 4,200-gpd allotment is reached, there is ample time for the Applicant to identify and assess the feasibility of other potential sources of potable water. During this period,the Applicant can engage with DWS and/or others parties to identify potential potable water sources and secure the necessary permits and/or agreements to procure the additional water needed to complete build-out of the campus. If additional potable water cannot be procured, campus development will not exceed that which can be sustained by the 4,200-gpd allotment. To address the Planning Commission,the Department of Water:Supply, and community concerns related to the limited water allotment available to the subject property, the Applicant proposes that the following Condition of Approval be added to the recommended conditions contained in the Planning Department Director's favorable recommendation. "The number ofpersons andfacilities at the new campus shall be determined by a reasonable and sustainable combination of the DWS-supplied maximum daily potable water allocation of 4,200 gallons, in conjunction with other alternative water resources (e.g., rainwater catchment, recycled water, etc)and water conservation methods and technology to be proposed. A plan for potable water usage, which shall indicate the number of persons and what facilities are to be supported by the DWS-supplied water, shall be submitted to the Planning Department and DWS for concurrence. This water usage plan shall be submitted prior to or concurrently with the required maximum daily water usage calculations to be submitted to DWS within 180 days from the effective date of this permit. Applicant shall be allowed to enter into a water commitment with DWS to implement partial development of the campus in accordance with the approved water usage plan. No increase in persons or additional facilities requiring potable water, beyond that covered by the water usage plan and water commitment with DWS, shall be approved until the Applicant can demonstrate how additional potable water demand shall be met.Applicant shall demonstrate through its established record of usage and patterns of use, how additional water usage can be met through securing additional sources ofpotable water or alternative water resources, and how such additional water resources will make potable water available for use by the student population and facilities." M Attachment f Water Usage- Hilo School (with cafeteria) Occupancy Minimum Usage Maximum Establishment Type GPD Usage {People) (Gallons/day) (Gallons/day) School-boarding Students: 30 53 to 106 1,590 3,180 School-day w/cafeteria Elementary, 167 11 to 16 1,837 2,672 Intermediate: 107 11 to 16 1,177 1,712 High School: 107 11 to 16 1,177 1,712 Teachers/staff(full-time): 50 11 to 16 550 800 Teachers/staff(part-time): 17 11 to 16 187 272 Intergenerational program clients: 25 11 to 16 275 400 Intergenerational program staff: 5 11 to 16 55 80 Total Campus Water Usage(gallons/day): 6,848 10,828 Campus water usage(gallons/day)is estimated to be within the range of 6,848 to 10,828.It is assumed that water usage will be closer to the lower end of this range due to the use of low flow fixtures on campus. 1.Gallons per person per day obtained from the American Water Works Association's Water Distribution Systems Handbook,Table 3.3,Typical Rates of Water Use for Varlous Establishments(Mays,2000). Jowsp 1682 Attachment 2 Water Usage - Hilo School (without cafeteria) Day Enrollment Campus Water Usage Students: 331 Full-Time Staff: 50 Part-Time Staff: 17 Intergenerational Program Clients: 25 Intergenerational Program Staff: 5 Uses/Person/Day Gallotu{ Gallons{ Fixture Type Use Male Male Female Female Da (full.time) (parttime) (full time) (parttime) y Low flow water closet 1.28 1 0.5 3 1.S 1,202 Urinal 0.5 2 1 0 D 1 235 Conventional lavatory(15 sec.) 0.125 3 1.5 1 3 1.5 176 Classroom sink(15 sec.) 0.45 2 1 2 1 423 Total: 2,035 Boarding Student Water Usage Establishment Type OccupancyGPD Minimum Usage Maximum Usage (People) (Gallons/day) (Gallons/day) School-boarding Students; 30 53 to 106 1,590 3,180 Total: 1 1,590 1 3,180 Minimum Usage Maximum Usage (Gallons/day) (Gallons/day) Total Campus Water Usage: 3,625 5,215 Campus water usage(gallons/day)is estimated to be within the range of 3,625 to 5,215.It Is assumed that water usage will be closer to the lower-end of this range due to the use of low flow fixtures on campus. Notes: 1.Day enrollment campus water usage calculated under the assumption that there is no cafeteria at the school,and the only- plumbing nlyplumbing fixtures used are water closets,urinals,lavatories and classroom sinks.All fixtures are low flow.Part-time occupants assumed to consume water at a rate equivalent to half that of full-time occupants.(Adapted from LEED"WE Prerequisite 1:Water Use Reduction"calculations.) 2.Boarding student water usage calculated using GPD obtained from the American Water Works Association's Water Distribution Systems handbook,Table 3.3,Typical Rates of Water Use for Various Establishments(Mays,2000). j&WSP 1683 Day Enrollment Campus Preliminary Estimated Water Usage:Breakdown by Program AHadvnenr 3 High School students 107 Full-time staff 13.32 120.32 ear 120 Part-time staff 4.52 say S Fr Male FF Male PT Male PT Mate Fr female FT Female PT Female PT Female Fixture lype gal/use ___g!!Vper 60 persons gal/per 2.5 persolls galiper 60 penons gol/per 2.5-persoru god Low-flow water dosel 1.28 1.28 76.80 M64 1.60 3.84 230.40 1.92 A.80 313.60 Urinal 0.5 1.00 60.00 030 1.25 0.00 0.00 0.00 0.00 61.25 Canrenticnal lavolo 15 sec 0.125 0.38 2230 0.19 0.47 0.38 2250 0.19 0.47 4S.94 Clessroom sink 15 sec. 0.45 0.90 54.00 0.45 1.13 0.90 54.00 0.45 1.13 1 10.25 Total 531.04 intermediate School students 107 Full-lime staff 13.32 120.32 say 120 Part-time staff 4.52 say 4 FT Male FT Mole PT Male PT Male FT Female FT Female PT Female PT Female Fixture Type a[ use Rai/ear 60 penou gcdlRer 2 persom of er 60 perswo pallper 2 persons ood Low-flow water dose! 1.28 1.28 76.80 0.64 1.28 3.84 230.40 1.92 3.84 312.32 Urinal 0.5 1.00 60.00 0.50 1.00 0.00 OM 0.00 0.00 61.00 Conventional lavatory 15 sec 0.125 0.38 2250 0.19 0.38 0.38 22.50 0.19 0.38 45.75 Classroom sit&I 15 sec 0.45 0.90 54.00 0.45 0.90 0.90 54.00 0.45 0.90 109.80 Total 528.87 8ementery School sludems 167 Full-time staff 23.31 190.31 say 191 Part-rima staff 7.91 say 8 FT Mak FTMale PT Male PT Male FT Female FT Female PT Female PT Female Fixture Type galLne gal/per 95.5 persons gal/per 4 persons gal/per 95.5 pmons of 4 pemom god Low-flow water closer 1.28 1.28 122.24 0.64 2.56 3.84 36672 1.92 7.68 499.20 Urinal 0.5 1.00 95.50 0.50 2.00 0.00 0.00 0.00 0.00 97.50 Conventional lavatory(15 sec 0.125 0.38 35.61 0.19 OJS 0.38 35.81 0.19 075 73.13 Classroom sink 115 sec 0.45 0.90 85.95 0.45 1.80 0.90 85 95 0.45 1.80 17S.50 Total 445.33 InWeenerotlatal elleMs 25 Staff 5 30 FT Male FT Mole fT Female FT Female Fixture Type I use al 15 pervans gal&E 15 persons ilei Low-flaw water closet 1.20 1.28 19.20 3.84 57.60 76.80 Urinal 0.5 1.00 15.00 0.00 0.00 15.00 Conventional Tar 1 S ier-I 0.125 0.38 5.63 0.38 5.63 11.2S Classroom sink 15 sec 0.45 0.90 13.50 0.90 13-SO 27.00 Total 130.05 FBgh School 531.04 Intermediate School 528.87 Elementary School 845.33 Intergoneradon01 Program 130.05 2035.26 1684 Daca anan, Melissa w •.ARlnec aF I„Ir . rom: Arai, Daryn A% ent: Monday, November 26,2012 8:50 AM o: Dacayanan, Melissa 2O12 NOIJ 2 b AM 9: 49 Subject: Connections Public Charter School. SPP Attachments: Support for Connections Il.doc Mel, Please log in communication from Councilperson Fred Bias re: Connections SPP-12-000138 TM K: 2-5-006: 141 f Thanks Daryn From: Lively, Barbara Sent: Monday, November 26, 2012 8:20 AM = .. To:Arai, Daryn Subject: Aloha Daryn, please forward this to Dean and the other members of the Windward Planning Commission. Mahalo, Barbara SCANNED "8226 1685 r'r Fred Blas rt+f os Phone: (808) 965-.2712 ' Fax: (808)965-2707 Council Member �- Email:fblas@co.hawaiLhi.us Council District S'Udg"'!t;G pE11"'RT ENT Mailing Address: ••'-, Business address: HannViCountyBuiqV-J? MTV 26 IN 9• 09 �tyoF'i�► 15-266OPahoa-Village Road 25Aupuni Street Pahoa Marketplace,Room 105 Hilo,Hawai i 96720 Pahoa,Hawaii 96778 Hawai Y County Council County of Hawaii November 26,2012 Dean Au, Chair and All members of the Windward Planning Commission Subject: Support for Connections New Century Public Charter School Aloha Chair Au, I am-Writing in strong support of the request for Connections New Century Public Charter School:to:. develop a K-12 Charter School Campus with dormitory facilities and related uses on approximately 70 , acres of land in the State Land Use Agriculture District in Kaumana. The proposed school 4,111,be located on land currently managed by the State of Hawaii for the people of Hawaii, 1-can thir&-af no higher or better use of this land than to allow the keiki o ka aina to learn from and provide steWardship for this land and its resources. Mahalo Serving the Interests of the People of Our Island 082309 Hawaii County is an Equal Opportunity Provider and Employer 1686 ■F1Q 1 � + DEPARTMENT 20.0. Ali 7: 1 N a LL r NLL '+�illySl �y o ¢ its ; 07 0 2 ,'a C cz �p�yy ••� �.pa�t � t 4 rl aLLo - .1Z us= Cem fq m 0 �LL�= a c z a i Q F s M rii C m z Un c E . W -- 0 Ln r� � o .-I [, N w b0% � x Qx w 1687 }�Mawaii County ( Page 1 of X ' I CONTACT US I HELP County I State I State Bureau of[enveyarxes AY MPF11.7E Noma Property Search Address Parcel Number Advanced Ir Parcel Data PARIDr 250400110000 LEE,DOREEN KANAf1I OURRENT RECORD Safes 1 of 31 a 2 l 31 X Permits Parcel Data J Site Address 1503 KAUMANA DRIVE Return to Search Results Land Unit No. Residential Properly Class RESIDENTIAL Zoning Call the Planning Department at(86a)981-028& REPORTS Commercial Peamk Report Det.Structures Owner owner Address City stele Country ZIp Coda Skelch LEE,DOREEN KANANI 1509 KAUMANA DR HILO H1 96720 Values-2012 LEAO,TARA KALELEHUAOKALEILANI 387 AKOLEA RD HILO HI 88720 Assessrnent Year TIAK Maps IQ Printable Summary Map Tex BIII &PAtable Verson Tax Details 2012 Tax Details 2011 Tax Datalfe 2010 Tax Datong 2008 Tax Detafls 2006 Tac Details 2007 Tax Details 2005 Tax Detaffs 2065 Tax Details 2004 Tax Details 2003 DalacopyrtjIrtl-larrallcounty LDisrlalmerj Lost Updated:leNov2o12 Sita Desi®n CopyFW 1999.2012 TylerTeGmfties.All er Ms reserved. 1 1688 htfn,flwww hn%mS'Hn-rnnP.rfvtnY [:f1171IFnrrtt�Il�AtH�NIC a4'ilY�[f�Y-1 RroTT1r1�Y-1 7 7l1 1TC11`� m |E IT\ ID \ q GDkiEX; " co HA'qI� (D o &§ 26 ' %\�2 �J nCY ~ 2$ | - Woe : /�% m � o � % Po® a UJ ¥ . o � ` r%j � 7 ± q7 � — s@ m � Amk % § \ Q mito £ m � 4w 0 � 2 I $ l � $ . m . � cn Ask Q � g ■ � a � 22 • k 1689 Hawaii County Page,1 of 1 I CONTACT US I HELP County I State I State Bureau of Conveyances ar Hama Property Search Address Parcel Number Advanced ♦ PawAd Data PARID:250270440000 OKUHARArHENRY 5 CURRENT RECORD Select Parcel Data 1 of Z--, Pennits Site Address 1209 B KAUMANA DRIVE Rehrm to Search Resdits Land Unit No. ResldenW Property Class RESIDENTIAL Zoning Cee the Planning Deperlmeni at(806)961-8288. REPORTS Commercial Permit Report Det.Structures mer Owner Address CRY State Country Zip Code SketchOwner PO BOX 946 HILO Hl 98711 Values-2012 OKUHARA.NORINEN AssesamentYear TMK Maps In Printable Summary Map Tax B61 8 Printable Version Tax Details 2012 Tax Details 2011 Tax Details 2010 Tax Delalls 2009 Tax DetaOs 2008 Tax Details 2007 Tax Details 2006 Tax Details 20D5 Tax Detalls 2004 Tax DataRs 2003 Data Copyright Hawan Coolly[Disdatmer) Last Updated:16 Nov 2012 Site Design Copyright 1999-2012 TYWTsdswlogles.All tights resew" 1690 hlrn•!Iti>✓ww hR�uslliniYlnF?f tVtAY rr�m/Frltnie/flatalNFa a6-nv'liAv_1 RroTne4ov--<I 1 1/7t;�7r117 W � f41 a O a b N N iw 2w , v 2 O o ^i O g � = N 01 N Ln C C .... N p rt mmm Ip W-0C rnrnz rn d � ; I'A •,nzLn p corn MHz !, Z .O ::" N p 7F m o N umrfd 'a I N N vi $J vi is C+ i ii '.li� �`,Il:: �iln w • Of N y 1691 Aawaii County ! Page 1 of I J CONTACT US I HELP County I state I State Bureau of ConveyancesHome Property Seeruelt Address Parcel Number Advanced ♦ Paroal Date PARIDr 260270520000 LUIZ,EZEItICL HARVEY TR CURRENT RECORD Sales it A6�2 afi 2_ Permits Parcel Data Site Address 1193 KAUMANA DRIVE Return to searrh Results Lend Unit No. Resldenllal Property Class RESIDENTIAL TS Zoning Cell the Planning Department at(8D8)961-8288. Commercial Permit Report Det Structures Owner Owner Address City Slate Country Zip Code Sketch LUIZ,EZEKIEL HARVEY TR PO BOX 118 PEPEEKEO Ht 96783 Values-2012 LUIZ,NOREEN MAE LUIZ TR MM Assessment Year TMK Maps I Printable Summary Map Tax BIII g PMtable Version Tex Details 2012 Tax DetaOa 2011 Tax Details 2010 Tax Details 2009 Tax Details 2008 Tax Datals 2007 Tax Detalls 20M Tex Details 2006 Tax Detab 2004 Tax DataHn 2003 Dalry Copyright Hawall Casty[Disclaim erl Last Updated:1 s Nov M12 Site Design Copyright 1999 2012 Tyler Technologies.AN rights reserved. 1692 }1Ftn•/Iwww hAw;lii7»nnPltvfaY rnnl/Fnrr1l�/TlafalYfc s�cnY?iriY,7RrcTnrIPY�C1 11/7r;l7111� _ l f oQ � x � co C) U) r" � Om � Sp r- sn I-Irupp UCD, = b O 1C d car+ 4�, w I ►-+A �J a -4-4z z 3{a req rnQo r � Z1 0 M. µ '0;0 xx M tn.ra v 40 N � � 40 m 40 `,%A I 1693 fiawaii County j Page 1 of Y II CONTACT US I HELP County I State I Stake Bureau of Conveyances REAL RROPEP7Y -AX OFFiC-F- Hama Property$earth Address Parcel Number Advanced ► Parcel Data PARID:250270424000 Sales MAWOS,DAVID 3 CURRENT RECORD -4[1 of z j 1� PerrnTt6 Parcel Data Return to Searoch Results SRO Address 1209 KAU[dANA DRIVE Land Unit No. Residential Property CJass RESIDENTIAL Zoning Call Ore Planning Department at(808)887-82138. REPORTS Commardal Permit Report Det.Stn,ctures Owner Skeldi Owner Address Clay State Country Zip Cada MATTOS,DAVID J 1202 KAUMANA DR HILO HI 98720 Values-2012 MATTOS,LAURI M sm Assessment Year TIYIK tNeptt A Prfntsble Summary Map Tax 13HI IQ Printable Versbn Tax Delalls 2012 Tar;details 2011 Tax Detalls 2010 Taff Detaft 2DD9 Tex Detait 2009 Tax Details 2007 Tex Details 2008 Tex Details 2008 Tax Details 2004 Tax DetaR9 2003 Daratd HewaQ Copsyrlg Courtly[OLdeimer] Last Updated:15 Nov 2012 SRO Design Copyright 1999L2012 Tyler Technobgtea.AN rights reserved, 11ttn /www h�waiirn'IlY1F f f4}r1% [.fll7rJ'}+fIT'rlfC��AfA�P.tC RRtiY'��ri%=t �rnr��Y�� 7 7��, f��Y 1694 / � | /R « . � � E 2A � ■ Q @ w SL ' @ a J m In 9 . IT , ; ƒ • W . c n } ( 4"zzr, . �rLAM �22z . N,-O e0zm' ; U14 �m9■ � % ' , 221760 § § � § & § �00 § i 0 r( AN2B ILI . ' j § kaj, / \� § & � a§J $| e 2Vd3Qfy g �. . . . .� { 169§ Hawaii County (t Page 1 of 1 I CONTACT US I HELP County I State I State Bureau of Conveyances Home Property Search Address Parcel Hunther Advanced 1101- Parcel Data PARIP:250270050000 CURRENT RECORD 5AT0,MMPRA _ _ Sales 7 of 1 PeRnns Parcel Data Site Address 1213A KAUMAHA DRIVE I Return to Search Results Land Unit No, Resldentlal Property CIE96 RESIDENTIAL Zoning Call the Manning Department at{808)961.8288. REPORTS Commeralal Perms Report DeL Structures Owner Owner Address City State Country Zip Cods Sketch SATO,SANDRA 1213AKAUMAKAOR HILO HI 86720 Values-2012 am Assessment Year TMK Maps IQ Printable Summary Map Tax Blit Printable Version Tax Details 2012 Tax Detaft 2011 Tax Datelis 2010 Tax Detalas 2009 Tax Details 2008 Tax Details 2007 Tax Details 200B Tax Details 2006 Tax Details 2004 Tax DetaRs 2003 Data Copyrigld Hawail County[DIWaimer] Last Updated:16 Nbv 2012 Site Design COVpW J998-2012 TylsrTed=bgtes Al rig*reserved. AffAhL 1696 }ittn•Ilw+u�u hriws�iinrnnryrtvia�r r+nmlFnrrriolT7utelato onr,v'7�rty=1 A.,T.,,l•+..—� 7 1/^1LMA1'1 #?$.Ali'�511-uvG DEP ca; .TNT =_Ai _ Ilefur _ Cook �n� e-_ �ro�-� - -- -- oks In l Tecauuw(li �Se�C 7 /.mss a /YW CNC Ao a, A00 ---- .___--- Mz _tJ jL ail (fi r ih- � !2 d OtO-r° /7;le 1 _ -- -E ► - ' - -- _U_' - --°, she-. !'.`a?v_� ------ -._.-_-------- - -- _ -.. _.. .. .?----- - - - - __a ---°�' --- �� ---------._.._._._..._._. - ------------- a U k 1697 ,-will _ , r , f ' S , _ I 1698 q� rr DEPAPVPFNT fill I 21112 DEC --3 141 7. 42 ��je �ertate . STATE CAPITOL Nov. 28,2012 Windward Planning Commission Aupuni Center, 101 Paualli Street, Suite 3, Hilo, HI 96720 RE: Support for Connections PCS Kalunana Campus Aloha Windward Planning Commission Chair I am writing to express my support for the efforts of Connections Charter School to establish a permanent campus in Kaumana. This charter school has done an exemplary job providing quality in education with facilities that were not originally intended to support a leaning environment. Ask It is understood that there are some planning issues that need to be addressed and I feel certain that the Commission will be able to identify appropriated terms and conditions for this perniit request to mitigate any concerns expressed by the community. Connections Charter School has an excellent record of working within the communities it impacts to ensure a quality educational experience for its students while promoting goodwill in the community. Sincerely, /1/14 f Zf/12- eenatoT Russell E.Ruderman Date Office of Senator Russell E. Ruderman Phone(808)586-6890 415 S.Beretania Street,Suite 0217 Fax:(808)586-6899 Honolulu,HI 96813 senruderman@capitol.hawaii.gov 1699 /I -w 1 . � r ..1..1 rt 1112912012 14:50 80856 1>99 SEN RUDERMAN r PAGE 01101 t ° { i:L AN,K,,i'G DENtRTMENT 2011 SMV 2:3 P 3= 36 19be benate STATE CAPITOL Nov.28,20 12 Windward PlanrAng Commission Aupuni Center, 101 Pau ahi Street,Suite 3, Hilo,HI 96720 M: Support for Contaec4orts PCS Kat mana Campus Aloha Windward Planning Commission Chair I am writing to express nxy support-for the efforts of Connections Charter School to establish a permanent campim in Kawnwi& This charter sohool has done an exemplary job providing quality in education with facilities that were not originally intended to support a learning environment. It is understood that there are some planning issues that need to be addressed and I fee]certain that the Commission vA11 be able to identify appropriated terms and conditions for this perni t request to mitigate any concerns expressed by the community, Connections Charter School has an excellent record of working within the communities it impacts to ensure a quality educational experience for its students while promoting goodwill in the community. Sincerely, /12— genatof Russell E.RudermaJn Date SCANNED WAIK 211 2 W19 Office of Senator Russell 8,Ruderman Phone(808)586-6890 415 S.Beretania Street,Suite#217 Fax;(808)5864899 Hanolalu,HT 96813 gcnrudeman rapitol.hawa11.gav 1700 1 ( r' � r�. William P.Kenoi *p;• y BJ Leithead Todd Moor or Director Margaret K Manmaga Deputy west HHUMN office Hast Hawaii Office 74-5044 Ane KwhGMole Hwy • 101 PauaW Street,Suite 3 Kaiina_Kona,Hawaii 96740 County of Hawal i HUG,Hawaii%720 Phone(808)373"4770 Phone(808)961-8288 Fax(809)327-3563 PLANNING DEPARTMENT Fax(809)96]-8742 November 29,2012 Ted H. S.Hong,Esq. P.O.Box 4217 Hilo,M 96720 Dear Mr,Hong, Special Permit Application(SPP 12-000138) Applicant: Connections New Century Public Charter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Dorm Facilities, Intergenerational Programs,a Sustainable Agriculture Program and a Forestry/Conservation Program Tax Man Key: 2-5-006:141 AWIL This is to acknowledge receipt of your letter dated November 16,2012 and received oda November 26, 2012,requesting a continuance of the hearing regarding the subject application that is scheduled on December 6,2012 before the Windward Planning Commission. We will forward your request to the Windward Planning Commission for its consideration. For your information,Planm`ng Department Rule 6-6(e) states: "For each hearing continued at the request of the applicarr4 the applicant shall serve notice of the hearing on surrounding property owners and lessees of record as provided by Section 6-6(b). An additional two hundred fifty dollar processing fee shall be,submitted by the applicant for each hearing continued at the request of the applicant." Therefore,please be prepared to:remit a processing fee of two hundred and fifty dollars($250.00)once the Windward Planning Commission Inas taken formal action to continue the hearing at your request. This additional filing fee must be submitted before we are able to Schedule this matter at a subsequent meeting date. If you have any questions regarding this,please contact JeffDmTow of this department at(808) 961-8158. Sincerely, 3J LEiTHEAD TODD Planning Director _ J 3 20IT" P:Iwpwin601fefilL�terslContinua�o-Ehfe�LeuersSL}iong-5PP 12-I 38-RcgFo�Coot.doc www. N(rnvri'e C.owuy is an Equat Qppartuidry PrmWer and 8mplo)+er +su 1701 PLAW: rIG DEPARTMENT December 2,2012 Re:Connections public Charter School 217 � C —tl AIS 10= 58 To:The Windward Planning Commission My name Is Gary Replogle,CSAC, LMHC(Certified Substance Abuse Counselor,Licensed Mental Health Counselor)and I have been working with the high school students at the Nani Mau campus for the past two semesters. As a therapist on campus I get to see firsthand the challenges and struggles of this.population. It has been my experience that each of these students has a special gift or special Intelligence to offer the community. Many of these students go to great lengths to attend and persevere with the ideal of getting an education.This being one of the higher ideals our society has to offer its children I am In support of education, I am in support of Connections Public Charter School and i am in support of Connections Public Charter School getting a new campus in Kaumana. With a new campus comes a new pride In attending and being part of something bigger than just ourselves,a renewed sense of being deserving and melting pot of all we have to offer together. it has been my experience in working with the students that taking pride In one self,ones surroundings and peers that this leaves very little time for acts of vandalism and juvenile delinquency. If students are invested in their education,they are not hanging around Hilo town looking and getting Into trouble.They are In school looking to finish high school and move forward with their lives. I would hope that the residents in Kaumana approve the campus for CPCS.And look at this as a positive gift to the students and not as a negative. Let's give these students an opportunity to better themselves,an opportunity that was given to ail of us at one time or another. Sincerely Gary Replogle, CSAC,LMHC 217-7979 SCAN E01 OEC 0 4 212 1 W: 252a_ f 1702 t 1'!.A}j1►1?1G i�lrl��i�`�T���iT f Yt l s'.r t-IF H,`1`','MI december 2,2012 Re: Connections public Charter School 2120 -5 Fah 3� 2 To:The Windward Planning Commission My name is Gary Replogle,CSAC, LMHC(Certified Substance Abuse Counselor, Licensed Mental Health Counselor)and I have been working with the high school students at the Nan! Mau campus for the past two semesters.As a therapist on campus I get to see firsthand the challenges and struggles of this population. It has been my experience that each of these students has a Special gift or special intelligence to offer the community. Many of these students go to great lengths to attend and persevere with the ideal of getting an education.This being one of the higher!deals our society has to offer its children I am in support of education, I am in support of Connections Public Charter School and I am In support of Connections Public Charter School getting a new campus In Kaumana. With a new campus comes a new pride in attending and being part of something bigger than just ourselves,a renewed sense of being deserving and melting pot of all we have to offer together. It has been my experience in working with the students that taking pride in one self, ones surroundings and peers that this leaves very little time for acts of vandalism and juvenile delinquency.if students are invested in their education,they are not hanging around Hilo town looking and getting into trouble.They are in school looking to finish high school and move forward with their lives. I would hope that the residents in Kaumana approve the campusfor CPCS.And look at this as a positive gift to the students and not as a negative. Lets give these studerrts an opportunity to better themselves,an opportunity that was given to all of us at one time or another. Sincerely Gary Replogle, C5AC,LM HC 217-7979 SCANNED 'JEC 04 60g 1703 I have had my children at Connections Charter School forthe past 7 years. I choose Connections because of the small classes and the high quality education that my children receive.The teachers are highly qualified and teach their students to produce high quality work.The students are able to develop a sense of ownership in their own education by being able experience education in many ways from books to hands-on project base models. We have experienced a well-balance education and have experienced classes from Makery and Computer Programing which are not offered at the public school. When one of my children graduated from Connections she was well prepared for her higher mainland education and had been taught the skills to be highly successful at that school. The Public School where 1 live is known for is discipline problems and daily fights. In the past seven years at Connections my children have never experienced any disciplinary problems no fights in school and no disruptions inside the classroom. I feel that my children are safe at Connections which is not what we experienced at the local Elementary School. rV w d 1� Tl� rn 0 S 2 5 6 b 1704 PLAUMPIG DEPARTMENT 1017•CSE#: _5' I'd 3: 24 .SAM COOPER PO BOX 7730 > HILO,HAWAII 9MO PHONE/FAX 808-969-6833 E-MML 12-042012 Dear Hawaii County Planning Department, Thls testimony is in favor of Connections building their new school. My granddaughter is a junior at the high school. From the information I have gathered the neighbors are opposed to this development moving forth. The first issue is traffic. The neighbors say the road is narrow and unsafe. Staff at the school told me that they would widen the road and install a sidewalk from • Kaumana Rd to the-proposed school. The second issue that the neighbors have said they are worried about their homes being robbed or vandalized, y students being driven in from Puna and that their parents will come back rob or vandalize their homes. Since the campus will have dorm housing this will require that a security company be hired to patrol the campus and have an office on campus for 24/7 security. As a condition of the permit or zoning process the security company would patrol the neighborhood that is close to the school. I understand how the neighbors feel as I had to fight to reduce the size of the lCno'ole street student-housing next door to my property due to noise,traffic and public safety issues. To widen the street and have security patrol the neighborhood is a win for all. Sam Cooper . 0825GU 17f 4- 33 k c T 1 i.�lfi:4�i�3 DEPA iiIOT 2011 DEC -5 Ail 8. 26 SAM COOPER Po BOX 77M HFLO,HAWAII 96720 k, PHONE/FAX 808-969-6833 E-MAIL 12-042012 Dear Hawaii County Planning Department, This testimony is in favor of Connections building their new school. My granddaughter is a junior at the high school From the information I have gathered the Neighbors are opposed to this development moving forth. The first issue is traffic. The neighbors say the road is narrow and unsafe. Staff at the school told me that they would widen the road and install a sidewalk from • Kaumana Rd to the proposed school. The second issue that the neighbors have said they are worried about their homes being robbed or vandalized by students being driven in from Puna and that their parents will come back ac's rob or vandalize their homes. Since the campus will have dorm housing this will require that a security company be hired to patrol the campus and have an office on campus for 24/7 security. As a condition of the permit or zoning process the security company would patrol the neighborhood that is close to the school. I understand how the neighbors feel as I had to fight to reduce the size of the ICino'ole street student housing next door to my property due to noise, traffic and public salety issues. To widen the street and have security patrol the neighborhood is a win for all. Sam Cooper SCANNED] 19EC 0 5 2617 By: 082511 1706 • r PLANNING DEPARTMENT HSTA12a'0 RIq t uhb'Sfr�et•Honolulu,Newall 96819 HAWAIISiJUlilAQ{EIIfASiOtWIQH Tel:(8061 833-2711 •Fax:($061839 7146•Web:wwwhm.org Nnch ft Tachy kr HaHm ils Torr tow VAI Okaba • President December 4, 2012 loan Knnfa Lewis VW pmsldere colleen P41" SecretarOL'freaetuer Windward Planning Cbmmission awls Nagawlco 25 Aupun) Street 6moutive Director Hilo, Hawaii 98720 Dear Windward Planning Commission: I am writing this letter in support of Connections New Century Public Charter School and its plan for a new school campus in Kaumans. Teachers believe that children are Hawaii's future. Teachers put students first every• day, but they cannot do it alone. In order for students to be successful, we must all have a role in their education. The approval of lands from the Department of Land and Natural Resources for a new Connections Public Charter School campus in Kaumana is a first step toward giving the school and community an opportunity to build for the future of our children. The plans connect an established residential community that will host the new campus with school staff, students, and parents who will join this neighborhood. The new campus plan took more than five years to develop. It is an ambitious plan that requires a critical timeline in order to stay on schedule in time to open for the 2015 school year. We understand that some details are still being worked on such as access to the campus. We are hopeful that some alternatives and compromises can be discovered through thoughtful discussion to find safe solutions for everyone— long-time residents, school staff, students, and their familiesr--without delaying the ground breaking for the new campus. Being a community contributor and understanding that ft Is essential for human beings to work together and communicate effectively are some of the lessons we teach our students. The State of Hawaii Charter School Administrative Office has always said that charter schools are community-based, values driven, and reflective of the community from which they are established. Teachers hope the new campus for Connections can be a project that brings together the commurtity in a blending of the historic and the new, resulting In the skills and knowledge necessary for our children to succeed in a global world while maintaining an appreciation and respect for their roots. Please support Connections PGS in its quest for a new school campus in Kaumana. Thank you for the opportunity to provide testimony. Sincerely, SCANNED Alvin Nagasako B[C 0 5 2012 Executive Director BY-lug g ���- 1707 Ted H.S. Hong Attorney at Law NI Ernpkyment Workplace Law er Ut(gaUon � ANil J. � .�','•�: R ��1�r.�a�f9 Sege Lee Loy Planner and Legal Assistant December 5;2412 1-19 The Hon.Bobby Jean Leithead-Todd,Esq. Aupuni Center 101 Pauahi Street, Suite 3 r r Hilo,M 46720 `5?:i 5 ,•y.; :�. f� RE: WINDWARD PLANNING COMMISSION MEETING � ' 4 December 6,2012 Agenda Item#5: Applicant: Connections New Century Public Charter School/CBESS (SPP 12-138) SL Jeu:cutal R-cquest for Copfinuance of Nearing. 94 �W.Dear Ms. Leithead-Todd: The purpose of this letter is to supplement my client's request to postpone the hearing in the > _�•-;,L=. above entitled matter. After the hearing on December 6,2412,my office will no longer represent := the applicant. I am pleased to inform you and the Windward Planning Commission that the State of Hawaii will now actively participate in this matter and the Department of the Attorney General for the State z of Hawaii has assigned a Deputy Attorney General to represent the applicant. This is welcome -*1, news because the resources of the State of Hawaii are committed to supporting the applicant's request Additionally, in the event that further action has to be taken in other forums,the Department of the Attorney General has committed to pursuing this matter to the fullest extent ? ''= etmitted h law. This would include the criminal prosecution of individuals who commit r� �� ,•# P Y crimes against the School, its students, faculty and administration. ,tC �This is an important development because in an unrelated matter,the Chairperson of three another ` "kk state Commission on ree (3) different occasions and had to warn Mr. Jeff Gomes to control YiyF•• c:rl himselfand behave ap-ropriately. Other individuals seem to have thought they coGJd take r advantage of the.School, its students,parents, faculty and staff,wi+thout any accoumability. yN Fortunately,with the State's participation,that will no longer be true. ,`My client and the Connections school community feel much more secure about this recent turn of events and welcome the State of Hawaii's recognition and support in obtaining approval of the g PP g PP s School's application. � . Accordingly, I am requesting this matter be postponed until t11e January 14,2013 meeting of the Windward Planning Commission. The assigned Deputy Attorney General, Ms. Monica Morris is unable to attend the December 6,2D12 Windward Planning Commission due to a ';,;'Fvr- previously scheduled deposition that could not be rescheduled. SCANN ED 'IV a 'V'"`:1i + P.O. Box 42 17 Fillo, "awal'1 96720 Phone: (808) 950-3186 t;ma11: tedOtedhonglav 1 7( a. , . Letter to Ms. Leithead-Todd December 5, 2012 :r Page 2. ._: The Applicant, Connections New Century Public Charter SchooI/CBESS, is entitled to have its e" legal representative present and respond to any questions,comments and/or false accusations. Unfortunately, I am unable to do that on December b,2012,because my client requests the .._�� . '''. ; . Commission's approval to postpone the hearing on this important matter to the January 10,2013 sx, Commission meeting, to allow the Deputy Attorney General and State of Hawaii,to take up the ' cause on behalf of the applicant. I appreciate the courtesy and consideration you have shown to me and representatives of rn - uffia:tluuughout this procez . I appreciate the profesrkma}ism and hard work demonstrat-d by you and the personnel in your department. ,Yrf I wish you and your staff, Happy Holidays! r' Thank you for your kind attention to this request. Please feel free to contact me if you have any questions or concerns. Repec lly, a H. Hon 4. cc: Monica Morris,Esq. Mr. John Thatcher File i t•kyr 51. }F rc A •;�ti- 1 `i 1 F Tr`4.v ,�:zp'9�ill 1709 4 ' Iga eWA R, 54 FZA '- 0-4 a4muy 9; 4 itArr ,wT . a:o v- t W�- ,topak ' r PLANVING DEPARTMENT COVETY OF HE'Y tt I LA i JAI LL 13S& AKJAMII. a* zxhal _ LAIIIII al JA MAA gj!jtt�� J ak 40 Fv 100, dx Ila, Aold -- - - --- r i 1711 1 � • MIJi - n. �yfxa.4ls �� ► 111 1 ,I � . �. L�I. !A � 1� �► tI r EII. � r� i II _ /. � _J�C��_�� 71"Ifirlwq III fill MIMWM�- r f"�OR � VIP i��1Z11'�►� �, `f..E .1 4 .�t �M s . �L: " 'i I..Liff ./, e,,�/ TIk1` yy ( . `�� ISL 1 + � ll7jlwl� A 1�rum� 1/ IxI � E4 LIM ft,�� rr ' I ti --;M-7 r �► �. VMS R-- L •,s � � • . �;,,.,• � �,t���i 'Y/ate 9 / d MWO—M.- RM MCI �LwilmlOMM, Mal 0 FAMMMOVOIZE WrdLp • ;y I11-PI , M4 A a u illAll-M. 1Y AN * w 4 1L� `� � I,.,.ad ►. �,,• .a f s Please Support Connections Public Charter School! Name Addrm PhonelemA sigmt= d 0 a 2 5 V,_q 17 1 Please Support Connections Public Charter School! Name Address Phonetemail, signature }V2 0 44n A* 640,6e. eosuiv yODBOX 90 PaMq.4 IkIlO�kolVWI Cam OAW J� n pox 1%RAWtW7WvADWOtV**4M9UVA . �. .x o� ,carsto 3 —S?38 D "a5U5 1715 t C PLANNING DEPARTMENT TY r-F HOi,A)I 21112 DEC -5 IM 3 26 CONNECTIONS PUBLIC CHARTER SCHOOL KAU MANA COMMUNITY INFORMATION OUTREACH MEETINGS December 17, 2012 Connections Public Charter School, Kress Bldg April 28, 2012 Kaumana Neighborhood Walk-Around April 27, 2012 Kaumana Elementary School Cafeteria (required per permit) September 2, 2011 Kaumana Elementary School Cafeteria ,dune 3, 2011 Connections Public Charter School, Kress Bldg April 16, 2009 Connections Public Charter School, Kress Bldg 1716 '£�"af#��c�cc�c 'ewe i f#ct'f$a�au Rra'aftt Connections Public Charter School A Community,Business&Education.Learning 'Ohnna December 5, 2012 SUBJECT: 5pedal Permll AppfEcaUon (SPP 12-000138) TMK (3)1-5-005:141 Aloha Kaumana Residents, At the request of the Hawai'i County Windward Planning Commission, Connections again invites you to share your comments, questions and concerns at a community meeting. The earliest: we are able to schedule is on December 17, 2012, from 12:00 to 2:00 p.m. The tacility at Kaumana Elementary School is not available on-that date, so we welcome you to join us at Connections' K-B site at the Kress Building, 174 Kamehameha Avenue in downtown Hilo. Please share this meeting date and Time with any of your neighbors that may not have received this notice. Mahalo, Eric Boyd Administrative Assistant Connections Public Charter School Askh r 1717 i1II1K Owner(s) Owner's Malling Address Street Address of Ti MK 2-5-006:003 State of Hawaii NIA Segawa,Wesley R 19 Puuko Street 06:052 Segawa, Phyllis E Hilo, Hawaii 96720 NIA Kidds Development 616 Moaniala Street 2-5-006:06'1 cio James Pappas,Treasurer Honolulu, Hawaii 96821 NIA 1342 Kitauea Avenue 2-5-006:160 Brilhante-Hawaii, Inc. Hilo, Hawaii 96720 Puainako Street Ext. 616 Moaniala Street 2-5-006:151 Pappas, Maillyn J. Trust Honolulu, Hawaii 96821 NIA 282 Edita Street 2-5-061:033 Riley, Randell A Hilo, Hawaii 96720 282 Edna Street 272 Edita Street 2-5-061:032 Batalia, Roxanne-Joy Cano Hilo, Hawaii 96720 272 Edita Street Yamashiro, Lorna Y 50 Manulele Street . 2-5-061:031 Yarnashiro, Neil Hilo, Hawaii 96720 264 Edita Street Iwasaki, Alan 232 Edits Street 2-5-061:029 Iwasaki, Patsy Hilo, Hawaii 96724 232 Edita Street _ 77 Kukila Street 2-5-061:028 Mochida, Ivan S.Trust Hilo, Hawaii 96720 224 Edita Street Gomes, Jeffrey, Kalani 281 Edita Street 2-5-061:001 Games, Wendy Keiko Hilo, Hawaii 96720 281 Edita Street Tada, Glenn K 259 Edita Street r 2.5-061:002 Tada, Kpiryn N Y Hilo, Hawaii 96720 259 Edita Street 1415 Pu'u Ate Place 2-5-061:003 Sakamoto, EtnestATrust Hilo, Hawarl96720 NIA 1360-D Mele Manu Street 1:012 Akamine,Chun Y Trust Hilo, Hawaii 96720 1360 D Male Manu Strae Araujo, Lorrin T 1358-D Mele Manu Street 2-5-061:011 Araujo, Margareta Hilo, Hawaii 96720 1358 D Mele Manu Stre Fuke,Aileen S 1358 Mele Manu Street,Apt. C 2-5-061:010 Fuke,Sidney M Hilo, Hawail 96720 1358 C Mele Manu stFee 1360 C Mele Manu Street f 2-5-081:013 Shins, Douglas T Hilo, Hawaii 96720 1360 C Mele Manu Street 1360 Male Manu Street#R 2-5-061:014 Bevin ton Family Trust Hilo, Hawaii 96720 1360 B Mete Manu Street Camacho, Brenda M K 1414-A Mele Manu Street 2-"61,.017 Camacho,david W Jr. Hilo, Hawaii 96720 1414 A Mele Manu Street Nishlmoto, Nelson N 1414 Mele Msnu Street,Apt. 8 2-5-061:018 Omoto, Patty Kiyoko Hilo, Hawaii 96720 1414 B Mele Manu Street Novak,Allen L 1414 C Mele Manu Street 2-0-061:01 R Novak, l_ayrie Y M Klo, Hawaii 96720 1414 C Male Manu Street Ludoff, Elaine L H - Wilhelm, Steve K 1416 C Mele Manu Street 2-5-061:020 Wilhelm, Patricia J Hilo, Hawaii 96720 1416 C Male Manu Street _ Takata, Brice Hiroshi cto 777 Ainako Avenue 2-5-061:021 Takata, Christine Leiko Hilo, Hawaii 96720 1418 B Mele Manu Street Chun, Mark Richard 250 Edita Street 2-5-061:030 Takamiya, Marianne Yesuko Hilo, Hawaii 96720 250 Edita Street P.C. Box 5915 2-5-061:022 Herzog, Markus 2010 Trust Hilo,Hawaii 96720 1416 A Mete Manu Street 1464 Mele Manu Street 061:041 Mok, TR Hilo, Hawaii 96720 1464 Mele Manu Street Arzaga, Noerni-L 1468 Mele Manu Street -LO61:042 lArziga, Rudy D Hilo, Hawaii 96720 1468 Mele Manu Street 17, t. ( .1 1488 Mete Manu Street !-5-061:043 Hudak, Daniel Robert Hilo, Hawail 96720 1488 Mele Manu Street Veriato, Franklin D 1500 Mele Manu Street 1:044 Veriato,Virginia L Hilo, Hawaii 96720 1500 Mele Manu Street Mural,Gary 299 A.Alu Road !-5-061:045 Mural,Jacqueline K Wailuku, Hawaii 96793 1510 Mele Manu Street Kanahele, Kip Masao 1520 Mele Manu Street !-5-061*046 Kanahele,Valerie-Ann Leiko Hilo, Hawaii 96720 1520 Mele Manu Street 1342 IGisues Avenue !-5-061:.106 BrOhante-Hawaii, Inc. Hilo, Hawaii 96720 Kristian Street 1342 Kilauea Avenue !-5-061:105 Brilhante-Hawaii, Inc. Hilo, Hawaii 96720 Kristiano Street 1342 Kilauea Avenue !-54)61:1 D4 Brilhante-Hawaii, Inc. Hilo, Hawaii 96720 Krisbano Street 1342 Kilauea Avenue 1-5-061:103 Brilhante-Hawaii, Inc. Hilo, Hawaii 96720 Kristlano Sheet 1342 Kilauea Avenue 1-5-061:102 Brilhante-Hawaii, Inc. Hilo, Hawaii 96720 Kristiano Street 1342 Kilauea Avenue !-5-061-107 Briihante-Hawaii,Inc. Hilo, Hawaii 96720 Kristiano Street Truesdell, Joel W 250 Kristiano Street >. 61:049 Truesdell, Elizabeth French Hilo, Hawaii 96720 250 Kristiano Street Santos, Robert J Tr 1540 Mele Manu-Street !tea-061:048 Santos,Celeste G Tr Hilo, Hawaii 96720 1540 MelaManu Street Wilson, Lee Michael Morita 1536 Mele Manu Street '.-5-061:047 Wilson,Adriann Misae Morita Hilo, Hawaii 96720. 1536 Mele Manu Street 243 Mikala Street 1:068 Kimura, Larry L Hilo, Hawaii 96720 243 Mikala Street Ogawa,Glenn 1495 Mele Manu Street 61:069 Kouchi-Ogawa, Gail H Hilo, Hawal 96720 1495 Mele Manu Street Bishop, Michael K/zak, Pamela V Trust 1485 Mele Manu Street !-5-061:070 Bolelho, Lee Uilani Hilo, Hawaii 96720 1485 Mete Manu Street 1473 Mete Manu Street !-5-061:071 Yamane, R and iwao Trust Hilo, Hawaii 96720 1473 Mele Manu Street Yamashita, Gary M 145,Mele Manu Street !-5-061:072 Yamashita, Rochelle A Hilo, Hawaii 96720 1457 Mele Manu Street lila;Erwin Y 1449 Mele Manu Street !-5-061:073 Lara-lida,Julie C Y Hilo,.Hawaii 96720 1449 Mele Manu Street 1435 Mele Manu Street f-5-061,026 Sakamota, Lester S Trust Hilo, Hawaft 96720 1439 Mele Mann Street Ignacio, Michael L 1411 Male Manu Street !,5-061:025 Ignacio, Claudia D Hilo, Hawn 96720 1411 Mele Manu Street Tokuuke,Jon P 1395 Mele Manu Street '.-5-061:024 Taira-Tokuuke, Patti H Hilo, Hgwaii 96720 1395 Mefe Manu Street Shozuya,Eric M 1380 Mele Manu Street !-5-061:016 Shozuya, Barbara L Hilo, Hawaii 96720 1380 Mele Manu Street clo Gana Kenny Hawaiian Island Homes Ltd 162 Kinoole Street, Ste 201 !-5-061:015 HIHL Melemanu LLC Hilo, Hawaii 96720 1360 A Mele Manu Street Yokota, Melvin H 1358-A Mele Manu Street !-5-061:008 Yokota,Jan Hilo, Hawaii 96720 1358 A Mele Manu Street Kanemoto,Wayne K Trust 13566 Mele Manu Street �1 1:009 Kanemoio,Amy Emiko TrustHilo, Hawaii 96720 1358 8 Mele Manu Street 1719 72 Palua Loop [L2�-4:4061:007 ..Suglyama, Bryan Hiroak!Family Trust Hilo, Hawan 96720 NIA Kimura, John T TTEE 1300 Mele Manu Street IW—61:006 Kimura,Gail K Trust Hilo, Hawaii 96720 1300 Mete Manu Street 1290 Mele Manu Street 2-5-061.005 Leong, Kelfy I Alyson Y Kaku awa T rus Hilo, Hawaii 96720 1290 Mele Manu Street Hirano,Wataru Sano, Phyllis Anne Hirano-Omizo, Naomi Y Trust 235 Edita Street 2-5-061:004 Hirano, Shinae Hilo, Hawaii 96720 235 Edita Street • 2-5-061:038 various Road 2-5-061:039 various Road 25 Aupun!Street 2-5-061:080 County of Hawaii Hilo, Hawaii 96720 Road Nagai•,Masar-u/Nancy Trust 1035 Kaumana Drive 2-5-011:011 Nagai, Fancy Hilo, Hawafl 96720 1035 Kaumana Drive Cling, Carroll D 1045 Kaumana Drive 2-5-011:012 Cling, Donnie Faye Hilo, Hawaii 96720 1045 Kaumana Drive Papalimu, Joseph Kaiini 1053 Kaumana Drive 2-5-011:013 Papalimu, Kahiofani Juanita Hilo, Hawaii 96720 1053 Kaumana Drive Fergerstrom, Norma R 1065 Kaumana Drive 2-5-011:014 Fegerstrom,Arnold TR Hilo, Hawaii 96720 1065 Kaumana Drive Crivello, Ronald Anthony 1073 Kaumana Drive 2-5-011:015 Crivello, Loretta Alejandro Hilo, Hawaii 96720 1073 Kaumana Drive Sato, Mark M P.O. Box 529 2-5-011:016 Sato, Melissa A Kaneohe, Hawaii 96744 NIA 20 Wawa!Loop 11:017 Fer erstrom,Amold TR Hilo, Hawaii 96720 1139 Kaumana Drive 1147 Kaumana Drive 2-"11:018 Rushlaw,John Howard Hilo,Hawaii 95720 1147 Kaumana Drive Spencer,Thomas S Trust 1110 Kaumana Drive 2-5--011:019 Spencer, New Tan-•Dedd Hilo, Hawaii 96720 1110 Kaumana Drive Wilson,Asko T 1090-A Kaumana Drive 2-5-011:020 'Nilson,Cyrus H Hilo,Hawaii 96720 1090 Kaumana Drive 1131 Kaumana Drive 2-5-011:038 Carvalho,John G Hilo, Hawaii 95720 NIA flume RAIV) 1131 Kaumana Drive 2-5-011:039 Carvalho,John G Hilo, Hawaii 96720 1131 Kaumana Drive eJo Barbara Brickvsood-Correa 1068 B Kaumana Drive 2-5-011:043 Correa Family.Trust Hilo, Hawan 96720 1074 Kaumana Drive Hardenbrook,Christopher Graves 1013 Kaumana Drive 2-5-011:009 Sears,Leslie Elizabeth Hilo, Hawaii 96720 1013 Kaumana Drive Sasamura,Theodore Hajirne Sasamura,Janet Relko Leong, Sandra H 1023 Kaumana Drive 2-5-011:010 Sasamura, Craig T Hilo, Hawaii 96720 1023 Kaumana Drive c/o Barbara Briekwood-Correa 1068 B Kaumana Drive 2-5-011:021 Correa Family Trust Hilo, Hawali 96720 1068 Kaumana Drive clo Barbara Brickwood-Correa 1068 B Kaumana Dare 11:022 Correa Family Trust Hilo, Hawaii 96720 1064 Kaumana Drive Zane, Clifford K S 553 Hiilei Place 2-5-011:023 Zane, Unda K O wailuku, Hawaii 96793 11056 Kaumana Drive 172 P.O. Box 166 ?-5-011:024 Kusch, Matthias Waifrid Pepeekeo, Hawaii 96783 1040 Kaumana Drive Phillips,William J Jr 1036 Kaumana Drive � 1:025Sweet-Phitii s, Drenna M Hilo,Hawaii 96720 1036 Kaumana Drive �1 Nakano,Sharon Matsuyo 1005 Kaumana Drive t-5-011:044 Nakano, Owen Tadashi Hilo, Hawaii 96720 1005 Kaumana Drive Hinck, Steven James 4646 Fort Davis Street 1-5-011:048 Hinck, Krystn Lee Simi Valley, California 93063 1058 Kaumana Drive 993 C Kaumana Drive ?-5-011:050 Arvada Jo Ann R Trust Hilo, Hawaii 96720 983 C Kaumana Drive P.O. Box 2463 1-5-027:021 Caravalho Family Trust Kailua-Kona, Hawaii 96740 1253 Kaumana Drive 3572 Nipo Street t-0-027:001 Mitsunaga, Edith S Trust Honolulu,Hawaii 96822 1265 A Kaumana Drive c%Yamamoto, Elise CO-TTEE 1245 Kaumana Drive t-5-027:002 Yamamoto, Fu'ie F Trust Hilo, Hawaii 96720 1245 Kaumana Drive 1876 Hale 0 Kea Street i-5-027:003 Mutsu, Randal S Trust Hilo, Hawaii 96720 1223 Kaumana Drive 3572 Nipo Street Z-5-027:058 Mitsunaga, Edith S Trust Honolulu, Hawaii 96822 1265 B Kaumana Drive 3572 Nlpo Street t-0-027:059 Mitsunaga,•Edith S Trust Honolulu, Hawaii 96822 1265 C Kaumana Drive 3572 Nipo Street ?-5-027:060 Mitsunaga, Edith S Trust Honolulu, Hawaii 96822 1265 E Kaumana Drive 3572 Nipo Street ?-5-027:061 Mitsunaga, Edith S Trust Honolulu, Hawaii 96822 1265 D Kaumana Drive 3572 Nipo Street 7:062 Mitsunaga, Edith S Trust Honolulu, Hawaii 96822 1265 F Kaumana Drive 3572 Nipo Street >_-5-027:063 Mbunaga, Edith S Trust Honolulu, Hawail96822 11265 G Kaumana Drive! 3572 Nipo Street t-5-027:064 Mitsuna a, Edith S Trust Honolulu, Hawaii 96822 1265 H Kaumana Drive 3572 Nipo Street ?-&027:065 Mitsunaga, Edith S Trust Honolulu, Hawaii 96822 1265 M Kaumana Drive 3572 Nipo Street t-5-027:066 Mitsunaga, Edith S Trust Honolulu, Hawaii 96822 1265 L Kaumana Drive 3572 Nipo Street !-5-027:067 Mitsunaga, Edith S Trust Honolulu, Hawaii 96822 1265 K Kaumana Drive 1215 Kaumana Drive 1-5-027:024 Otani, Katsuko Trust Hilo,Hawaii 96822 1215 Kaumana Drive Otani,Jean S 121"Kaumana Drive !-5-027:025 Otani,Jean S Trust Hilo, Hawaii 96720 1215 6 Kaumana Drive Ushijima, Dean K 1215 Kaumana Drive Apt. C !-5-027:026 Ushijima, Else H Hilo, Hawaii 96720 1215 C Kaumana Drive Segawa, Rodney Macy F 1215 D Kaumana Drive. !-5-027:027 Segawa,Susan Marie Hilo, Hawaii 96720 1215 D Kaumana Drive Ebesu, Royce T Jr 1215 G Kaumana Drive !-5-027:068 Ebesu, .lane L A Hilo, Hawaii,96720 1215 G Kaumana Drive 1215 G Kaumana Drive '-5-027:069 Ebesu,Jane L A Trust Hilo, Hawail 96720 N/Aroad?? Segawa, Rodney M 1= 1215 D Kaumana Drive 7:070 Segawa,Susan Marie Hilo, Hawaii 96720 NIA(road??) ., 1213 A Kaumana Drive '_4-027:005 Sato, Sandra Hilo, Hawaii 96720 11213 A Kaumana Drive 1721 Hasegawa, Edward K 250 N Judd Street 2-5-027:046 Hasegawa,Caroline G C Honolulu, Hawaii 96817 1211 Kaumana Drive 1209 A Kaumana Drive -027:043 Perez, Catalina A Hilo, Hawaii 96720 1209 A Kaumana Drive Okuhara, Henry S P.O. Box 945 2-5-027.04.4 Okuhara, Norine N Hilo, Hawaii 96721 1209 B Kaumana Drive Tumer, Jason Phillip 1209C Kaumana Drive 2-5-027:345 Turner, Jennifer Sims Hilo, Hawaii 96720 1209 C Kaumana Drive 823 Kaumana Drive r 2-5-027:053 Tsuchi , Karl K Hilo, Hawan 96720 1175 Kaumana Drive Paiva,Paul P 1169 Kaumana Drive 2-5-027:054 Paiva, Shawn M Hilo, Hawaii 96720 1169 Kaumana Drive f 1155 Kaumana Drive 2-5-027:055 Komatsu, Garret T Hilo, Hawaii 96720' 1155 Kaumana Drive Inouye,Tatsuo Trust 2230 Apoepoe Street -5-027:056 Inouye,June Trust Pearl City, Hawaii 96782 NIA Goya, Melvin H Trust 1170 Kaumana Drive 2-5-027:447 Goya, Kiyono Trust Hilo,Hawaiti 96720 1170 Kaumana Drive Kuwahara, Bryson T 1142 Kaumana Drive 2-5-027:057 KLvahara, Loma T Hilo, Hawaii 96720 1142-Kaumana Drive Kuwahara,-Bryson T 1142 Kaumana Drive 2-5-027:007 Kuwahara, Loma T Hilo, Hawaii 96720 NIA Oliveira, Mary Jane Oliveira, Manuel 111 1150 Kaumana Drive 25-027:008 Oliveira,Manual Jr Hilo, Hawaii 96720 1150 Kaumana Drive 98-459 Hoono Street 2-5-027:009 Yahata, Michiko Pearl City, Hawaii 96782 1162 Kaumana Drive Mattos, David J P.O.Sox 5599 -027:042 Mattos, Lauri M Hilo;Hawaii 96721 1209 Kaumana Drive Luiz, Ezekiel Harvey Trust P.O. Box 116 2-5-027:052 Lug Noreen Mal Luiz Trust Pepeekeo, Hawaii 96783 1193 Kaumana Drive Nakamura,Brice H P.O.Box 294 2-5-027:034 Nakamura,Sharyl S Captain Cook, Hawaii 96704 1240 Kaumana Drive 1267 Kaumana Drive 2-5-027:035 Robledo, Paulette A Trust Hilo, Hawaii 96720 1260 Kaumana Drive 1268 Kaumana Drive 2-5-027:036 Perreira Family 2008 Trust Hilo,Hawaii 96720 1266 Kaumana Drive 1280 Kaumana Drive 2-5-027:014 Hoshide, Miyoko M Hilo, Hawaii 96720 1280 Kaumana Drive Shinjo, Hajime 1272 Kauniana Drive 2-5-027:040 Shinjo,Aileen C Hilo, Hawan 96720 1272 Kaumana Drive Kaneko, Ryan T 1294 Kaumana Drive 2,5-027:037 Kaneko,Aimee A Hilo, Hawaii 96720 1294 Kaumana Drive 1300 Kaumana Drive - 2-5-027:038 Yokoyama,Jan K Hilo,Hawaii 96720 1300 Kaumana Drive Fujisawa, Stanley K Fujisawa, Tammy L Fujisawa, Curtis S 1296 Kaumana Drive 2-5-027:039 Fujisawa, Minerva S Hilo, Hawaii 96720 1296 Kaumana Drive 2-5-027:016 State of Hawaii Kaumana Drive 1348 Kaumana Drive 0-027:023 Nakamoto,Tsuruyo Trust Hilo, Hawaii 96720 1345 Kaumana Drive 1360 Kaumana Drive T-027:016 Otani, James M Hilo, Hawaii 96720 1360 Kaumana Drive 1722 Matsu, Russell 1352 Kaumana Drive !-6.-027:041 Matsu, Lorraine H Hilo, Hawaii 96720 1352 Kaumana Drive 6 Pokole Way 7:020 Ota, Hiroshi/Shizoho Trust Hilo, Hawaii 96720 N/A clo Masutani M K 545 Kaaahi Street !-5-027.013 Site'Engineerin , Inc. Honolulu,Hawaii 96817 1230 Kaumana Drive Quiocha, Leandro Jr 1222-A Kaumana Drive ?-5-027:032 Quiocho,Wanda A Hilo, Hawaii 96720 1222 A Kaumana Drive 1100 Launa Street >-5-027:076 Chock, Kyle Trust Hilo, Hawaii 95720 1242 Kaumana Drive 555 Naniakea Street 3-5-027:012 Chock, Laura Y Trust Hilo, Hawaii 96720 1258 Kaumana Drive 555•Naniakea Street ?-5-027:072 Chock, Laura Y Trust Hilo, Hawaii 96720 1256 Kaumana Drive 1051-Hoomaikai Street ?-5-027:073 Chock,Theone Keam Yung Honolulu, Hawaii 96817 -• 12.54 Kaumana Drive 1051 Hoomaikai Street ?-0-027:079 Chock,Theone Keam Yung Honolulu, Hawaii 96817 1252 Kaumana Drive Takai,Wesley T 1222 E Kaumana Drive ?-5-027:030 Takai,Sandra Y Hilo, Hawaii 96720 1194 Kaumana Drive P.O. Box 1481 2-5-027:010 Long, Ke •Keith Hilo, Hawaii 96720 1188 Kaumana Drive Takai,Wesley T 1222 E Kaumana Drive 1-5-027:411 Takai, Sandra Y Hilo, Hawaii 96720 1190 Kaumana Drive Thatcher, John L II 1186 Kaumana Drive 2-5-027:028 Thatcher, Pamela R Hilo, Hawaii 96720 1178 Kaumana Drive Thatcher, John L 13 1188 Kaumana Drive T:022 Thatcher, Pamela R Hilo, Hawaii 96720 NIA �} Segawa, Herbert A ?-5-027:071 Segawa, "y K WA roadway 2-b-027:004 various roadway Chock,Lorrin S K Trust 1978 Kemohana Ext Z-5-027:074 Takemoto-Chock, Naomi Trust Hilo,Hawaii 95720 1250 Kaumana Drive Chock,Lorrin•S K Trust 1978 Komohana Ext ?-5-027:080 Takemoto-Chock, Naomi Trust Hilo, Hawaii 96720 1248 Kaumana Drive 1100 Launa Street ?-0•-027:081 Chock,Kyle Trust Hilo, Hawaii 96720 1246 Kaumana Drive 2-5-027:077 Chock,Laura Y Trust WA roadway ?-5-027.078 Chock, Laura Y Trust NIA roadway Abril,Carole Y 9222 B Kaurnana Dave ?-5-027:033 Abril, Mark A Hilo, Hawaii 96720 1222 B Kaumana Drive Ahia, Lily Auld ?-0-027:019 Ahia, William Kalaemakani WA roadway Leao,Tara Kalelehuaokaleiiani 1503 Kaumana Drive i-5-040:011 Lee, Doreen Kanani Hilo, Hawari.96720 1503 Kaumana Drive 98 Kulalbe Road ?-5-040:010 Tomota, Kelli Jennifer Leihua Hilo, Hawaii 96720 1493 Kaumana Drive Otani, Noriald Otani,'Fujie Otani, Brad Hiro Otani, Max Norio 1489 Kaumana Drive 0:009 Paiva, Shawn Movie Hilo, Hawaii 96720 1489 Kaumana Drive 1723 it Hirayama, Ellen Etsuko Hirayama, Ellen Setsuko Kitamura,ICirniko Kitamura, Susan Setsuko Kitamura,Tadayuki 1479 Kaumana Drive 2-5-040:008 Kdamura,W e Karuyuki Hilo,Hawaii 96720 1479 Kamm Drive Oldfield, Frances 1473 Kaumana-Drive • 2-5-040:007 Oldfield, Richard Hilo, Hawaii 96720 1473 Kaumana Drive Almeida, Jewels Anuenue 561 AIN Place 2-5-fl40:006 Almeida, Mark Kaipa Kailua, Hawaii 96734 1461 Kaumana Drive Hennessey, Brendan J 1447 Kaumana Drive 2-5-040:036 Johnson, Melissa Ann Hilo, Hawaii 96720 1447 Kaumana Drive Yoshimura, Chiseko 1441 Kaumana Drive 2-5-040:005 Yoshimura, Ga K Hilo, Hawaii 96720 1441 Kaumana Drive 250 N Judd Street 2-5-04f3:035 Hasegawa, David A C Tnrst Honolulu, Hawaii 96817 1433 Kaumana Drive Tiogangco, Anne A 1391 Kaumana Drive 2-5-040:004 Tiogangco, Jordan L Hilo, Hawaii 96720 1391 Kaumana Drive Enold,Calvin H Trust 1381 Kaumana Drive 2-5-040:003 Sa ma-Enoki, Sandra H Trust Hilo, Hawal96720 1381 Kaumana Drive Kaitoku, George M 1375 Kaumana Drive 2-5-040:002 Ka%oku, Joyce H Hilo, Hawaii 96720 1375 Kaumana Drive �P.-Q. Box 4305 2-5-040:040 Hinez, Matthew F Hilo, Hawaii 96720 1369 Kaumana Drive Oblero, Dain M f Oblero, Sean W Rezentes, Henry J 1367 Kaumana Drive AMOM0:001 Rezentes, Raquel K Hilo, Hawaii 96720 1367 Kaumana Drive 1374 Kaumana Drive 2-5-040:039 Tome, Bryson Hilo, Hawaii 9672D 1374 Kaumana Drive 1027 Kagawa Street 2-5-040:041 Shaver,James R Pacific Palisades,California 1394 Kaumana Drive 1468 Kaumana Drive ' 2-5-040:0315 Lee-Ching, Richard Trust Hilo, Hawaii 96720 1168 Kaumana Drive Fujimobo, Byron S 142 NMI Street 2-5-040:014 Iwase, Shirley T Hilo, Hawaii 96720 1486 Kaumana Drive Rodillas, Francis Herbert 150 Akala Road 2 040:015 Rodillas, Martha Ann Hilo, Hawau 96720 1486 A Kaumana Drive nodi#las, Francis Herbert 50 Akala Road 2-5-040:042 Rodilias, Martha Ann Hilo, Hawai96720 50 Akala Road Rubio, Karen Leiko 226 Akala Road 2-5-040:013 Rubio, Lloyd J Hilo, Hawaii 96720 1496 Kaumana Drive 2--5-040:012 State of Hawaii Kaumana Cave Park 1568 Kaumana Drive Butz, Marc 55 Akala Road 2-5-040:019 Giangregorio,Desiree Hilo, Hawaii 96720 155 Akala Road Flood, Jeanie L 1600 Kaumana Drive 2-5-040:020 Flood, Shawn G Hilo, Hawaii 96720 1600 Kaumana Drive 788 Haihai Street t2-5-014:001 Chong,Wallace F Trust Hilo, Hawaii 96720 NIA Kearns, Glenn E Trust 33 W Naauao Street -014:005 Kearns,Virginia V Trust Hilo,Hawaii 96720 33 W Naauso Street Chong,Albert W 1476 Kikaha Street &427.048 Chong, Sharon Aran Hilo, Hawaii 95720 6 Chong Street 1724 t � Community Walk Around April 28., 2012 Re: Connections Parents/Staff/Students update homeowners that might have missed the April 27, 2012 meeting. 1725 -,��.m k- � ~ =y,� 1 "���/.- ��''� _� I�_ _ _ _ �' � � � r.S;� �. _ ,y --e, _ _ ,� - -� - _ _ _ � _ - _ � _ _ �'S(-_ _ _ _ ��� ��_ � _ _ .5�.����Y �S*�a l l l ,�>... .rw. F',trn1�"�Y.'R�.v:leP:•. �:,:fi'.•F='foie. 4 ALERT ALARM Fzd 3 �J s i _,r• s�7,.r7c;Gk� r1r- i. rFr s�F }'�. } w d f���• �K �Y {+J- r t: 5 .•��Tnf 1 1727 4 COMM4ty meeting April 27, 2012 Rains ELemen a>;y School CafetedB S:oD-6:O0 p.m. Community input YOur 1"J' tis imritca-w,Jing CannrskOns �u6�ic�artor�110'O�'s future camQus in �(auipena. P{ceae jotin us. COnnectLOri,S public Charter SehOD, cp�ehaxafln.ram , Call 961.3664 fur NO=luiururatn� LVAII i S s t .1Ky Thoughts . . . . ------------------------------------------- ---------------------------------------------------- ____-M______________________________________________ -_ _________________________________ -_ 1728 %'t-.,•, ., r-1 a +� ��:._,i7,..4,-... .,.r ' •.'`'• ,t �,"' ,,.� 1�+` a it d �',.;�'.„�t�;`: • .n ..}., t Y t ti r\ d r 0 LA 0 1 Cq rd r—. Q) o . :Cci u.. A'D L t,� 4R7{' l " f ,�: F3 X`SfF ty, "s+�Si t f .r•Yf t,fw 93 bs ?n i (j�lr. ' F -�#"z.z. �! 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W MUN Its lare&*dey lhelCflaol of kM 40 WWk*V days plWIo MgUaW dale ofV$dJ IF waRESPitCfPl(LLY RWWl r TW LIEN OF: 12 003MOOM U AUD"P&M D Wa ARY §WMNG KWM C3 G'1'rKMAN UAi a OTHM A7.�Wag-WIA-RQ•.. .•— --. 8OF(bCr.Gof7(IJt FOtif�{1hACOAT i� g. 2-0 Z?..` - mpnHrAfgriyai� ' F'Crt 7NC?rilli?Df�OF iGiV#iNFOR+fA'gbN t1R 8sk�-�'1v+ w�1.�.rne � •o' AAF#.rCA►(1"8h4�lIH�AtIDORGAHiYATIOpf;... -..+.•V� ,� �� h��iav1S �� �.�� AOgRiss! Ll Hv,"AX31.1 1.PL60ygQIµlROt 111f SAT OH #]t�iP IWP1T7(TAA1,b yOUR q�0 12 �4 � 4a$ :.,,,� Yes QFd 3 1571119 A**V§RM%ftT lIPONsp=1{GTIVITI'r{SFQNW;K0 AGEMct': J. .. O TVA wo r�ri�ia laKDol.►aQF SPosil xcmnt r7(scwcOL Aoru►imf�e�tl�il r:v a er+s a "1tr1�,� rQ9 p 1M ' R'#a-14i+Arsti°►+17l�blNrdbilA#n�AJIrANrwrwdtMftNA'iWRO}aiarar�npaMee[�1FeM�.T9ve1r►�pdetitllenAkr'4�1Wi am 10 mWat s mole DMr"mol ARilnlgMaimom rarpaw boiKp A nlro m w0d d aro had. Ileum�►idor Lath eCa+l.t+nu�a. T01Rar)wmw orpsmVaurA"Meaftfl l3 been VAntherohoerSwAi:�� 8. iA"A PCRS WL on N WATT 611i1NMAC11 MI..r... ...........,w.r�.-...�.w„ny.,,..;,.,.....,.,.�... LIVES 9NO G, lSV*RlAf9ATW1 *VRDcr "NEe1.►R=n7 WMNT:aI3Tm bus 7k DeVaU PLAN"sUVA.MYM FA4&"?10MR FW42 AM 0 V6'9i Oko r lrsuil.EAs1AmARE ALL BUK4yE -MBEc9WEREDBYAPP1,icAiyr+ puO kthavndir�l�A,aAlNelllrofthlory►enlznlnnt� 1n4hrvrNuwR►�the■bara ufll+ulhrultyendeewraary.lrylAapl,ealtwgl4tf. •1+11lii11l1tt rr int aAA ne# rat arnnluila 1y nro+PP ret fM ArA1A+F MWhA 4A QtRlreadckl wl nFAblt>trusA c+f AldiitAl remilnlr, o�YlpMsnt a VorndA dre Ind °I a o1sAlilradoa and sMikAPIM'i elil0 eftowl”lk doft"I IgawriA. Thi Apomml r A%l uadaAultdi thmt% fi4b"?&1*0 lX*JF VfW*A"10 N 6006 199 WWKW(MI.m1f 1Ait0r;irAt 9faay Al V)W Of LOAN=i1"IRNA An sroriieW rt A8 VMH 04 t0il00i a1+esmdi brsT+rrTai11Ci1E#EMrE1Mi P1 r"mAr#.I ur4Ahuni*,doi i Mw d tomm toui pea me wdvj y bgkm tiquoldihAif im wiria.PAVW dhap�Ai AnawrAAIbP1R+��itnA+Mr►+faaMRirA>SqC+�+arnitmsr.raeelrAbN+A►4r1itA1lArtilin�nrprvpramali{liAecdmtnndAt�nalepAnnR _ a M{p a fAlq A&MAL FIGS AND CRARMA CODES FOR 04"N6cripy ; TTPG OF WAUBST. TYPE] TYPE 9 TYRE III pra,I.D. $61nefted Fm jrint I,O; RENTAL s WA 49 11T7f]riER: E�_ ;....r.�... j........�_ �0 �QQ1 TOTALS: ;� !I- f _ I4Me p 4lAto t7iFAit1xurwmuCA7iOi+4 ptillGSAt+EiORr.iEGUA�RpREC1+�a0: [NUiilf&ROFPOUC81VNt7iCHl1FEG/IAROS11itQ1filR;De;^,,,R`>,............rr. ('JY[es CI110 IJAiR171'lft&il i�CQRSQIfiklilx (if�CD4�CIAbl11YJif1ws°rPlPVsrd1NIM cin&mIs.AMae1f9G MSDOSOW171 POfI Ng. w r ...uuunex.u............�. _....r ❑Ym C3 No YOUR R64U69T FOR ViC OP WOOLFAGill�i6s OR GRPUNAi i$H8 FED 0 AIgAPPAOVED �, oe fr,�w SfonliirlA: Dora �P1lr14licli+Drelpnkel ►rr:. O N FOR SNIAPP)WAL: C7 PAdurY REQLMITW NOT AVALAOLe 13 OTA ❑CUST ,4WAYAPF NOTAVAILAatG Ddsr Ia mom 0WRAU40000l. OOPr•Reaue°tor 1731 r 04-10-'12 09:49 � NA ELEM SROOL . 808-974-4197 T-710 P003/004 F-380 FACI>:.fii'In ACC MLUY 015CLOSM NOTICE AND AG REEMIM M®R r� 5 1 t' 7hls disolos m mfwc is to inform mr spplicat*omfor ChVw 8-39,HawwAit Adminkmdve Rola,that some of the f o-Piacs at Ws school mty not be ac;wibk io persona with diabilitics. , N lbeifities thm are mcwblc and not accmbb are noted blow on this form, AG 8yslgeing this disclosure and agramont;the user applicant(1)p0nawiedges ftt-04 04 VMS informed ofthe am ibility smtus of the WIlty rtqucsted for use,and(2)agreesto to responsiblo far the nol}diserimmatian and slbiiity mquimments of7ide if,Americans with Disabilities Act of 1490(ADA),ifa stag or lord govemment agency,or the rm&d1sarim1netkn and salt rbilky requ+remeM of Tile 111,ADA,If privuloentity providing public dons,as deCted by the ADA,with the to of school facilities, ICA$4001 facik b not eeconible,the wedtenter must xnnounes ahead of terve W psrtWpw1s#hgt ttre school facility U not eooaesibla and tbe user most provlds an acS mMadatlart which allvwe any bxadiasppeQ person to still attertd',[be xcblft if tiro userrs rrot)t w ahead of time. . ILML FAG"ff�TY REOU�D, 1) � 2 , 4 3) /•4 Le6sxlR,e�r 4 A» Date A"Wledged by: StVfP4nc1p&VDWVm 13 . Tire ralleWlne*IIlliar NoUscrsllh1.(A}or nog accr 1t41k(NA)8t this school, Mmini;nJian as:IdEng rte., Asl►lodorRlcld „�;;,-w Libruy Gafeterlsdlnin6 ROOM PE�ygrourtd �..,., 10sr ces xhapn Auditoplum Osssroom CymAssium _ 1�lAyvaurt ... ocher 1732 T 04-10—'12 09:49 FR M—ft.l %-NA ELEM. SM01,. . 808-974-4197 T-710 P004/004 F--380 FON W%girt S49 appAq�iesn nla,�„ tCa,�rerl DSPARTME NT OF gDuCA1 oN -9TATN aF HAWAri STATEMENT(NDUMNI1;1ING STATEAGAIN;S'T'LIABILITY CI.A Kt CIVIL 09FEN09 EMERGENCY NOTICE;SPECIAL PROVISIONS;AND NATIONAL POLLUTANT PISCHARGE ELMANATION SYSTEM INPDES)NOTICE (ApoiC8lion faf Use of School BUDdings, f:aAM or Grou INDSMMFICATEON STATOWNT NA7tONAL P O"UTAW n130MARGE E?UMWATION PUTNM INP068)NOTIC The UWUSWod tnArlrtdaa((q,group arwar ofasnko$cn.Itta of %ituhpafSerillromselrtaaveOW140ntr.Grits fyldl+lr+dorralPaibs<antpf;chsupeEdfnfW"$"Ism INfIbIE:7}is dtrectare.memOM.syenie,"loyseL dvecassors and aaelpfra. aft eiatnry p faro tt 96 ftmd by*m United StAee fv and In Uffl aeratlofr or"stale of"Met Gpeornent Of �ailmfllnlvl aA Agency 4i[eslla bt ft COnlyd and 6duGaticn Wfd*.o*no Omiha the uta of the dsr"ftd manap rncm st 3iwmwater potlueoe. In ft ay.our oom weter aansai roams,tWWdpa,W4W fodllfles JdAdy ane ssverany Orefnaya Moms Rem darned Id pAmwd#oft ov ohorun:I- "Mile)t9lndem*and$"Aurnlaat file SIWIo of Howell ft 3NM water Into dralft alaisofiafpe through autleM along Deparbrint of 6di►cadon fpaW am W4 stl Iaas,I1034y. the ooealllr � dOFAInft d**&sib e&A eryrgaY Apt of ow""me, efteraeter and deaMpUor WSM may bs fired or intmrred by cc lqowevet.Iha storm Wttar drobvp el*pt$Were r*Qatiprea brat0agglimm em liters of Iidwall Wpoment of Edm*6M for fprttra ekppxel pf Vfaeie ar polheants. In emor�t_o�p�toe[the Or so ANOW Of anl►ingubet at demos"to Inv perwan Of props OnYlrrtnMmt WW rump par pohusorl pfevsr�IPS ere►fecefva>r erJ1VpWMd ay aey pen[on.drractly Or lndtrreRr,by 111POF40 l 0, Me MOAn nd Of 661,090n muattr»pfemani or hi cansagaenoa 9f the uod of the faablW by I*underwbj*d bot Aran7lperneat ptacb':7Qi Wft)as psrt of a shim wolor Ind;Vidualfs),pfnups andlor orpanlxallon, mif of onsanl pion IWNP). CML DEFERM NOTtGE 7N uf►NF40Wunaertwds that"Vfy elfartmouid oo(lade to Amronl poup"n sa a cafroequcfioo Altiona SOON IblAwn. M deo OV64 of a CM gafanse"Clam ems Uty dwria non, IAF�ete arra WAD"If not 04111611wp"Walenn drains W 101W parrs,the mu*A%fted it fmanws forihs tahq& dvorbapy W4 its way to Iha oasis. OrptnItEm ane panld- ihetr PAWeM peetl*ftft.Tr4 Cvpr4nN(4 Of Eduagan Es not Panti can hasp by pwiriang Bast and f+dnlereWll to uas AE a649196 to pravMd for Cmi DAAse enleqans=du ft none laul"ori turn"by cor"Oft rldit blrOes,aW UNAS pubo scWhOM4MfJP1MICifit Wkablsarhosfisdcxlgnitxrllar 4Mns�Ulm,. Rgsatany 4 MeuMpilIi��andow rvadvieta- uso as a ahatt f Lythe Amoftran Red Crass. n° ifw CM f e,Gumov✓�atlRta at 200-own iHnnliulut a the rea0100Oouniy of6aas Inwgnbof lalsn41t. SPECIAL CONDIVONB ps in es jama by Sow■dfnlnlurslar at nssdad) ACCEPTANCR AND ACKNOWLEDGEMENT IItYVSSR Thp�frabt► toand aameyrledgtn Ow above(sum enh r Ito,and spadai coniums). 4-4i OYIs Pcs SIAe+attrry 461aNome of brpsnhation NOTARtrATION(Oft)SCHOOL ADMINISTAAWkSidNATUREe SubeMbed and ewofn to before me ihls-doy Of , �Airdirial Court. t'ititlfyNtangc WfotaryI MOONo.; Watsry ftma"., CoMpion Novo lOn DIIIC -OR- o dndpat orYra-Prinapel 0�Ab assrtisurroN:aRlGw,l4scr,sor, caPrr�efar . 17� TMK !46,ja wners Owner's MailingAddress Street Address of TMK 25-006:003tate of Hawaii NIA egawa,Wesley R 19 Puuko Street -006:052 awa, Phyllis E Hilo, Hawaii 96720 NIA 816 MoanialaStreet06'x. re0.Papp85 Tfeas[irer. Honolutu;::Hawait. 1342 Kilauea Avenue 2-5-006:160 Srilhante-Hawafi, Inc Hilo, Hawaii 96720 Puainako Street Ext. 616 Moaniala Street 2-."06:151 Pappas,Marilyn J.Trust Honolulu,Hawaii 96821 NIA 282 Edita Street 2-5-061:033 Riley, Randell A Hilo, Hawafi 96720 282 Edits Street 272 Edits Street 2-5-061:032 Batalla Roxanne-Joy Cano Hilo,Hawafl 96720 272 Edits Street Yamashiro,Loma Y 50 Manulele Street 2-5-061:031 Yamashiro, Nell Hilo,Hawail 96720 264 Edits Skeet Iwasaki,Alan 232 Edits Street 2 5-061:029 Iwasaki, Patsy Hilo, Hawafi 96720 232 Edits Street 77 Kukila Street 2•x-061:028 Mochida, Ivan S.Trust Hilo, Hawaii 96720 224 Edits Street Gomes,Jeffrey, Ka an! 281 Edita Street r 2-5-061:001 Games,Wendy Keiko Hilo,Hawail 96720 281 Edits Street Tada,Glenn K 259 Edits Street r 2-5-061:002 Tada, Karyn N Y HHo,Hawaii 96720 259 Edits Street 1416 Pu'u Ale Place 2-•5-061:003 Sakamoto,Ernest ATrust Hilo, Hawaii 98720 WA 1360-D Male Manu Street 61:(]12 Akamine, Chun YTrust Hilo, Hawaii 96720 1360 D Mele Manu Street Araujo, Lordn T 1356-D Mele Manu Street 25-081:011 Araujo, Margareta Hilo, Hawaii 96720 1358 D Mele Manu Street Fuke,Aileen S 1358 Mele Manu Street,Apt.C r 2-5-061:010 Fuke,Sidney M Hilo, Hawaii 95720 1358 C Mele Manu Skeet _ 1360 C Mele Manu Street 25-061:013 Shiro, Qou las T Hilo, Hawaii 96720 1360 C Mete Manu Street 1360 Mefe Manu Street#B 2.5-061.014 Bevington Family Trust Hilo,Hawaii 96720 1360 B Mete Manu Street Camacho,Brenda M K 1414-A Mete Manu Street 2-5-061:017 Camacho,david W Jr. Hilo,Hawaii 96720 1414 A Male Manu Street Nishfmoto,Nelson N 1414 Mele Manu Street,Apt B 2.5-061:018 Omoto,Pa oko Hilo,Hawaii 96720 1414 B Mele Manu Street Novak,Allen L 1414 C Mele Manu Street 25-061:019 Novak, Layne Y M Hilo, Hawaii 96720 1414 C Mete Manu Street Ludo€f, Elaine L H Wilhelm,Steve K 1416 C Mele Manu Street 2-5-061:020 Wilhelm, Patricia J Hilo, Hawaii 96720 1416 C Mete Manu Street Takata, Brice Hiroshi c/o 777 Ainako Avenue 25-061:021 Takata, Christine Leiko Hilo, Hawaii 96720 1416 B Mele Manu Street Chun,Mark Richard 250 Edita Street 25-061:030 Takami a, Marianne Yasuko Hilo, Hawaii 96720 250 Edita Street P.O. Bax 5915 '1-5-061,022 Herzog, Markus 2010 Trust Hilo,Hawaii 96720 1416 A Mete Manu Street W -._. . .._ 1464 Mele Manu Street_ ... _ ._-•--...__..._._._.._.. ��O61:041 Mok,TR Hilo, Hawaii 96720 1464 Mele Manu Street Arzaga, Noemf L 1468 Mete Manu Street 12'-5-061:042 LLrLaga, R. udy D Hilo, Hawaii 96720 1466 Mele Manu Street 1734 1488 Mele Manu Street 2-5061:043 Hudak,Daniel Robert Hilo, Hawaii 96720 1488 Mele Manu Street Veriato,Franklin D 1500 Mele Manu Street -061:044 Veriato,Virginia L Hilo,Hawaii 96720 1500 Mele Manu Street Murai,Gary 299 A Alu Road 2-5-081:045 Mural.Jacqueline K Waguku, Hawag 96793 1510 Mele Manu Street Kanahele,Kip Masao 1520 Mete Manu Street 2-5-061:046 Kanahele,Valerie-Ann Leiko Hilo,Hawall 96720 1520 Mele Menu Street 1342 Kilauea Avenue 2,5-061:106 Brilhante-Hawaii, Inc. Hilo, Hawali96720 Kristiano Street 1342 Kilauea Avenue 2-5-061:105 Brllhante-Hawaii, Inc. Hilo, Hawaii 96720 Krisdano Street 1342 Kilauea Avenue ' 2-5-061:104 Brilhante-Hawail, Inc. Hilo, Hawaii 96720 Krlstiano Street 1342 Kilauea Avenue 2-5-061•103 Brilhante-Hawaii, Inc. Hilo, Hawaii 96720 Kristiano Street 1342 Kilauea Avenue 2-5-061:102 Bnihante-Hawaii, Inc. Hilo,Hawaii 96720 Kristiano Street 1342 Kilauea Avenue 2-5-061:107 Bfilhante-Hawall, Ina Hilo, Hawaii 96720 Kristian Street Truesdell,Joel W 250 Kristiano Street 2-5-061:049 Truesdell,Elizabeth French Hilo, Hawaii 96720 250 Kristtano Street Santos,Robert J Tr 1540 Mele Manu Street r 2•-5-061:048 Santos,Celeste G Tr Hfio, Hawaii 96720 1540 Mele Manu Street Wilson,Lee Michael Morita 1536 Mole Manu Street r 2-5-061:047 Wilson,Adriann Misas Morita Hilo,Hawaii 96720 1536 Mele Manu Street 243 Mftla Street 1:068 Kimura,Larry L Hilo, Hawaii 96720 243 Mikala Street Ogawa,Glenn 1495 Male Manu Street 2-5--061:069 Kouchi-Ogawa,Gall H Hilo, Hawaii 96720 1495 Mete Manu Street Bishop,Michael Kfzak, Pamela V Trust 1485 Mele Manu Street 2-5-061:070 Botelho,Lee Uitani Hilo,Hawaff 96720 1485 Mele Manu Street 1473 Mele Manu Street 2.5-061:071 Yamane, Raymond Iwao Trust Hilo, Hawaii 96720 1473 Mele Manu Street Yamashita,Gary M 1457 Mete Manu Street 2-•5-061:072 Yamashita,Rochelle A Hgo,Hawa6 96720 1457 Mele Manu Street Lida,Erwin Y 1449 Mele Manu Street 2-5-061:073 Lam-lida,Julie C Y Hilo, Hawaii 96720 1449 Mele Manu Street 1439 Mele Manu Street r 2-5-061:026 Sakamoto, Lester S Trust Hilo,Hawall 96720 1439 Mele Manu Street Ignacio,Michael L 1411 Mele Manu Street 2-"61:025 Ignacio, Claudia D Hilo, Hawii 96720 1411 Mele Manu Street Tokuuke,Jon P 1393 Mele Manu Street 2-5-061:024 Taira-Tokuuke, Patti H Hilo, Hawaii 96720 1395 Mele Manu Street Shozuya, Eric M 1380 Mele Manu Street 2-5-061:016 Shozuya, Barbara L Hilo, Hawali 96720 1380 Mete Manu Street Uo Dana Kenny Hawaiian Island Homes Ltd 1622 Kinoole Street, Ste 201 2-5-061:015 HIHL Melernanu LLC Hilo, Hawaii 96720 1360 A Mele Manu Street Yokota,Melvin H 1358-A Mele Manu Street 61:008' Yokota,"Jan - Hilo, Hawaii 96720 1358 A Mete-Manu-Street Kanemoto,Wayne K Trust 13588 Mele Manu Street 1= —1:009 Kanemoto,Amy Emiko Trust Hilo, Hawaii 96720 1358 B Mele Manu Street 1735 72 Paiva Loop 2-5-061.007 Su ' ma,Bryan Hiroaki FamilyTrust Hilo, Hawaii 96720 N/A 10mura,John T TTEE 1300 Mete Manu Street 464:006 Kimura,Gail K Trust Hilo, Hawaii 96720 1300 Mele Manu Street 1290 Mese Manu Street 2 -061:005 Leong, Kelly 1 Alyson Y Kaku awa Trus Hilo, Hawaii 96720 1290 Mele Manu Street Hirano,Wataru Sario,Phyllis Anne Hirano-Orriizo, Naomi Y Trust 235 Edita Street 2-5-061:004 Hirano, Shinae Hilo, Hawaii 96720 235 Edita Street • 2-5.Ofi1:038 various Road 2-5-061:039 various Road 25 Aupuni Street ' 2-5-061:080 County of Hawaii Hilo, Hawaii 96720 Road Nagai, MasarulNancy Trust 1035 Kaumana Drive 2-5-011:011 Nagai, Nancy Hilo, Hawaii 96720 1035 Kaurnana Drive Cling,Carroll D 1045 Kaumana Drive 2-5-011:012 Cling, Donnie Faye Hilo, Hawaii 96720 1045 Kaumana Drive Papalimu,Joseph Kalmi 1053 Kaumana Drive 2-5-011:013 Papalimu,Kahiolarnl Juanita Hilo, Hawaii 96720 1053 Kaumana Drive Fergerstrom, Norma R 1065 Kaumana Drive 2-5-011:014 Fegerstrom,Arnold TR Hilo, Hawaii 96720 1065 Kaumana Drive Crivello, Ronald Anthony 1073 Kaumana Drive 2-5-011:015 CriveA0.1_oretta Ale andro Hilo, Hawaii 96720 1073 Kaumana Drive Sato,Mark M P.O. Box 529 2-5-011:016 Sato,Melissa A Kaneohe,Hawaii 96744 WA 20 Wawai Loop -011:017 Fergerstrom,Arnold TR Hilo,Hawaii 96720 1139 Kaumana Drive 1147 Kaumana Drive 2-"11:018 Rushlow,John Howard Hilo, Hamill 96720 1147 Kaumana dive Spencer,Thomas S Trust 1110 Kaumana Drive 2-5-011:019 Spencer, New Tan Decd Hilo, Hawall 96720 1110 Kaumana Drive Wilson,Aiko T 1090-A Kaumana Drive 2-"11:020 Wilson, qns H Hilo, Hawaii 96720 1090 Kaumana Drive 1131 Kaumana Drive 2-5-011:038 Carvalho,Jahn G Hilo, Hawaii 96720 N!A tiume 1131 Kaumana Drive 2,5-011:039 Carvalho, John G Hilo,,HawaiE 96720 1131 Kaumana Dmre clo Barbara Brickwood-Correa 106813 Kaumana Drive 2-5-011:043 Correa Family Trust Hilo, Hawan 96720 1074 Kaumana Drive "" HaX le i Cook;-'C d;;td h—,.Gfrave5 , 1Q1V'Ka>Ji Dmre:- 91-:009 Sears'Lesli lix�t a Hiio Ffawaii:.96 20< ':;. ,.. 101, .ICailMgna.Q ve Sasarriur =:Thir :Ha Sasatrr[iI arlaric Ri31kQ - . Leorig;. riora=F - -1023 Kaurhaift-]:ri ra;: 09 , ' Sasaitiara, Cra) �-T., . Miio;;�lawPi#_,967 0:: 1t123'Kaurriana btu ,, ;. c/o:f3arbai :l3jGE�wbcl=Correa:' 146$'Saaiiara.irive 2=5-p1:9:02� Gorreaa1ni1`' Tiii"s. :' Hlo;;. aV"vai720': =`>:;, 1.b68,.Kaiipnaria`D[nie.. cTo.gar`ara.Bh'ckyiiaod=Correa -- - — - - ---- - - 1068`E -Ka` ta%aria Dr�v -011:022. CorreaFam'il`.7Ns>r Hilo,,:Hai i ii 86 1Q''. 064'�Caurr`ia�a;Drlve.: -' rie;;Clil 553.Hiki Pike 2=5=071:023, Za ie Linda K ll►lsilirkr;:.Elai�raii-.9fi793-` 105fi.l(WhIana:Dnve,. 1731 P,O. Box 466- - ZZ-01-.1::02:4:,: :. Kiiscfii .Mat iies:INalfifd,:. Pepeekeo,Hawn"u 96783':'. 1040 Kauri�aria©rive:.' PhilliiisWlliaiX J:Jr:' 1036 Kaumana prive.: Nilo,Hawaii 96720 'k 036 KauMana-Drive r F l`aK�no;.SiiarorMatsur•- 1005 Kaumana Drive 2: j 1 0 4::,: NaiCdilO�;OweH YadasFn Hila,.Hawau*9B720 ::, '1005 U. Hirm, St6viaitJa;nes 4648 Foit.Clavis Stre$t y 5}01.1 048'`:y: 1 lir `Slit-!<eie:.r ;_ '. Spni_Vat<ey i N{fd riia 93063- f6 4 Kaialiiaha'flrive 993 C.'X0,00 A Qriv$ 2_=5 17:4;F`Q Arrud Ja ai i i l :Tn;is Hilo,..Hawa :9$7L2&,"-':-, 993 C KaOMWO:Cnve:-:._:- P.O. Box 2463 2-6-027:021 Caravalho Famil Trust Kailua-Kona, Hawaii 96740 1253 Kaumana Drive 3572 Nipo Street 2-5-027:001 Mbuna a,Edith S Trust Honolulu, Hawaii 95822 1265 A Kaumana Drive c/o Yamamoto, Elise O-TTEE 1245 Kaumana Drive 2-5-027:002 Yamamoto, Foe F Trust Hilo, Hawaii 96720 1245 Kaumana Drive 1876 Hale O Kea Street 2-5-027:003 Mutsu, Randal S Trust Hilo, Hawaii 96720 1223 Kaumana Drive 3572 Nipo Street 2-5-027:058 Mitsunaga.Edith S Trust Honolulu, Hawaii 86822 1265 B Kaumana Drive 3572 Nipo Street 2-0-027:059 Mitsuna a, Edith S Trust Honolulu, Hawaii 96822 1265 C Kaumana Drive 3572 Napo Street 2-0-027:060 Mitsuna a Edith S Trust Honolulu, Hawaii 96822 1265 E Kaumana Drive 3572 Nipo Street 2-5-027:061 Mitsuna a, Edith S Trust Honolulu, Hawaii 96822 1265 D Kaumana Drive 3572 Nipo Street 027:{362 Mitsuna a, Edith S Trust Honolulu,Hawaii 9$822 4265 F Kaumana Drive 3572 Nipo Street 2-5-027:063 Mitsuna a Edith S Trust Honolulu, Hawaii 96822 1265 G Kaumana Drive 3572 Nipo Street 2-5-027:064 Mitsuna a,Edith S Trust Honolulu, Hawaii 96822 1265 H Kaumana Drive 3572 Nipo Street. 2-5-027:065 Mitsuna a, Edith S Trust Honolulu, Hawaii 96822 '1265 M Kaumana Drive 3572 Nipo Street 2-0-027:056 Mitsunaga,Edith S Trust Honolulu, Hawaii 96622 1265 L Kaumana Drive 3572 Nipo Street 2-5-027:067 Mitsuna a Edith S Trust Honolulu, Hamill 96822 1265 K Kaumana Drive 12 e.- 2-527 0.24- Qtprit,,Katsuko`frrt:,:':: , Hifi;l-fariiraii°922-.' .1245 iCaivmana�inve; Q.tanr' Jeaj1-.S; 1213-B i�auiia ;Dre x-027 025anr, Jean Tiust;•:; 1-1ila;,Hawai 9S�' ° 12i5 B:1Caiiri arta Dray .:>. Ushijima, Dean K 1215 Kaurnana Drive Apt.C r 2-5-027:028 Ushi ima, Else H Hilo,Hawaii 96720 1215 C Kaumana Drive Segawa, Rodney Macy F 1215 D Kaumana Drive 2-5-027:027 Segawa, Susan Marie Hilo,Hawaii 96720 1215 D Kaumana Drive Ebesu, Royce T Jr 1215 G Kaumana Drive 2-5-027:068 Ebesu,Jane L A Hilo, Hawaii 96720 1215 G Kaumana Drive 1215 G Kaumana Drive 9-5-027:069 Ebesu,Janey L A Trust Hilo, Hawaii 96720 NIA road?? - Segawa;Rodney M 1= 1215 D Kaumana Drive - -027:070 Segawa, Susan Marie • Hilo,Hawaii 96720 NIA road?? 1213 A Kaumana Drive 2-5-027:005 Sato, Sandra Hilo,Hawaii 96720 1213 A Kaumana Drive 1737 Hasegawa, Edward K 250 N Judd Street 2-5-027:046 Hasegawa, Caroline G C Honolulu, Hawaii 96817 1211 Kaumana Drive 1209 A Kaumana Drive 27:043 Perez, Catalina A Hilo, Hawaii 96720 1209 A Kaumana Drive Okuhara,Henry S P.O.Box 945 f 2-5-027:044 Okuhara, Nodne N Hilo, Hawaii 96721 1209 B Kaumana Drive Turner,Jason Phillip 1209C Kaumana Drive 2.5-027.046 Turner,Jennifer Sims Hilo, Hawaii 96720 1209 C Kaumana Drive 823 Kaumana Drive 2-5-027:053 Tsuchi ,Karl K Hilo, Hawaii 96720 1175 Kaumana Drive PaWa,Paul P 11169 Kaumana Drive 2-5-027:054 Palva,Shawn M Hilo, Hawaii 96720 1169 Kaumana Drive 1155 Kaumana Drive 2-5-027:055 Komatsu,Garret T Hilo, Hawaii 96720 1155 Kaumana Drive f Inouye,Tatsuo Trust 2230 Apoepoe Street 2-5-027:056 Inouye,June Trust Pearl City, Hawaii 96782 NIA Goya,Melvin H Trust 1170 Kaumana Drive 2-5-027:047 Goya, Kiyono Trust Hilo, Hawaii 96720 1170 Kaumana Drive ✓ Kuwahara, Bryson T 1142 Kaumana Drive 2-5-027:057 Kuwahara, Loma T Hilo, Hawaii 96720 1142 Kaumana Drive Kuwahara, Bryson T 1142 Kaumana Drive 2-5-027:007 Kuwahara, Loma T Hilo, Hawaii 96720 NIA Oliveira, Mary Jane Oliveira, Manuel III 1150 Kaumana Drive 2-5-027:008 Oliveira, Manual Jr Hilo, Hawaii 96720 1150 Kaumana Drive 98459 Hoono Street l 2.5•-027:009 Yahata, Michiko Pearl City, Hawaii 96782 1162 Kaumana Drive `2 =U Mais;l a[�rr,l4�Ix IT ;H 1., 671 1209 Kaemeiga bnye !•:ii` a lel:Haii -Trust P 1 , 6 ' -19Vie,� ¢:h02T:6 � z 3 Kin it i riµ ,Dive a Nakamura, Bryce H P.O. Box 294 2-"27:034 Nakamura,Sharyl S Ca taro Cook, Hawall 96704 1240 Kaumana Drive 1260 Kaumana Drive 2-0-027:035 Robledo,Paulette A Trust Hilo, Hawaii 96720 1260 Kaumana Drive 1266 Kaumana Drive 2-5-027:036 Perreira Family 2008 Trust Hilo, Hawaii 96720 1266 Kaumana Drive 1280 Kaumana Drive 2-5-027:014- Hoshide, wrrjoko M Hilo, Hawaii 96720 1280 Kaumana Drive Shinjo,Hajime. 1272 Kaumana Drive 2-5-027:044 Shinjo,Aileen C Hilo, Hawaii 96720 1272 Kaumana Drive Kaneko, Ryan T 1294 Kaumana Drive l 2-5-027:037 Kaneko,Aimee A Hilo,Hawaii 96720 1294 Kaumana Drive 1300 Kaumana Drive 2.5-027:038 Yoko aura Jan K Hilo, Hawaii 96720 1300 Kaumana Drive Fujisawa,Stanley K ✓ Fujisawa,Tammy L Fujisawa,Curtis S 1296 Kaumana Drive 2-5-027:039 Fujisawa,Minerva S Hilo, Hawaii 96720 1296 Kaumana Drive ,f 2-5-027:015 State of Hawaii Kaumana Drive 1348 Kaumana Drive -027:023 NakamotcF,-Tsuruya Trust Hilo, Hawaii 96720 1348 Kaumana Drive- 1360 Kaumana Drive 5-027:016 Otani,James M Hilo, Hawaii 96720 1360 Kaumana Drive 1738 f Matsu, Russell 1352 Kaumana Drive Z�-p27:041 Matsu,Lorraine H Hilo, Hawaii 96720 1352 Kaumana Drive 6 Pokole Way 7:020 Ota, HiroshilShizoho Trust Hilo, Hawaii 96720 NIA - Siri' •�" � bf ( =J68'i �23Q'. 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MAW _. - T ` .i °I►�aoiriis _ }--, `r - 16 -f}` - -'iZQKaum 4`a'Triv+�';_:�,,:. 4 Choi r� �onS9t 9 d �-.�n�t:CSa"•"Mw� 4:syi-• m, � '. >. -0080. ��llQ .111Ivial 5 O.p'(� ire r 'F24 �Carsmna C3rnre af,� t�sgSsk S =' -� '4 `i�` s i•itn- y,5,h yAa, ti $v f .x -may`; - .02"r1: CI`ncr 12461auti .air Urn�e' ✓ 2-5-027:077 Chock,Laura Y Trust 4 NIA maadway te c s. goy 5- Y i,. ai 1", 4 a. 1At7� - `t• ^5,��•''�-�S+���5. !. .-+.7*.'.'!".../`►a��_p �i,{4�,41f .'�'. _ _� p�+/.Y4�,�n.�.y !4^-.nt�.,{� '•`,!'":. i!_ ��f?W 4V,!! c'"• l!7ry r '..i =.J. *c.1� 1� an ie, Ahie, LilyAuld - `r 2-5-027:419 Ahia,William Kalaemakani NIA roadwa Leao,Tara Kalelehuaokaleilani 1503 Kaumana Drive 2-"40:011 Lee,Doreen Kanani Hilo, Hawaii 96720 1503 Kaumana Drive 98 Kuleloa Road 2-5-040:010 Tomota, Kelli Jennifer Leihua Hilo, Hawaii 96720 1493 Kaumana Drive Otani, Noriaki Otani, Fujie Otani, Brad Hiro Otani,-Max Norio ' 1489 Kaumana Ddve- ;i-040:009 Paiva,Shawn Mode Hilo, Hawaii 96720 1489 Kaumana Drive 17 Hlrayama,Ellen Etsuko Hirayama, Ellen Setsuko Kitamura,Kirniko Kitamura,Susan Setsuko Kitamura,Tadayuki 1479 Kaumana Drive 2-5-040:008 Kitamura,W a Kana ki Hilo, Hawaii 96720 1479 Kaumana Drive Oldfield, Frances 1473 Kaumana Drive -5-040:007 Oldfield, Richard Hilo, Hawaii 96720 1473 Kaumana Drive Almeida,Jewels Anuenue 561 Alibi Place 1' 2040:006 Almeida, Mark Kalpo Kailua, HawaTE 96734 1461 Kaumana Drive Hennessey,Brendan J 1447 Kaumana Drive 2•-5-040:036 Johnson,Melissa Ann Hilo, Hawaii 96720 1447 Kaumana Drive Yoshimura,Chiseko 14441; Kaumana Drive 2-6-040:005 Yoshimura,Gary K Hilo, Hawaii 96720 1441 Kaumana Drive 250 N Judd Street 2-5-040:035 HoLegawa,David A C Trust Honolulu, Hawaii 96817 1433 Kaumana Drive Tiogangco,Anne A 1391 Kaumana Drive 1-12-5-040.004 Tmgangco,Jordan t- Hilo, Hawaii 96720 1391 Kaumana drive Enoki, Calvin H Trust 1381 Kaumana Drive 2.5-040:003 52yama-Enoki, Sandra H Trust Hilo, HawaA 96720 1381 Kaumana Drive Kaitoku, George M 1376 Kaumana Drive 2-"40:002 Kaitoku Joyce H Hilo,Hawaii 96720 1375 Kaumana Drive P.Q.Box 4305 2-0-040:040 Hinez,Matthew F Hilo,Hawaii 96720 1369 Kaumana Drive Oblero, Dain M Oblero, Sean W Rezentes, Henry J 1367 Kaumana Drive i-040;001 Rezentes, Raquel K Hilo, Hawaii 96720 1367 Kaumana Drive 1374 Kaumana Drive f 2-0-040:039 Tama, Bryson Hilo, Hawaii 96720 1374 Kaumana Drive 1027 Kagawa Street 2•••5`040:041 Shaver,James R Pack Palisades,Califomia 1394 Kaumana Drive 1468 Kaumana Drive r 2-5-040:015 Lee-Ching,Richard Trust Hilo, Hawan 96720 1468 Kaumana Drive i Fujimato,Byrom 5 142 Puhili Street 2-5-040:014 (wase,Shirley T Hilo, Hawaii 96720 1486 Kaumana Drive Radillas, Franols Herbert 50 Akala Road 'r 2-5-040:018 Rodillas, Martha Ann Hilo,Hawaii 96720 1486 A Kaumana Drive Rodillas,Francis Herbert 50 Akala Road 2-5-040:042 Rodillas,Martha Ann Hilo, Hawaii 96720 50 Akala Road Rubio,Karen Leiko 226 Akala Road V, 2.5-040:013 Rubio,L!qv J Hilo, Hawaii 96720 1496 Kaumana Drive 2-6-040:012 State of Hawaii Kaumana Cave Park 1568 Kaumana Drive Butz, Marc 55 Akala Road 2-0-040:019 Giangregodo, Desiree Hilo, Hawaii 96720 55 Akala Road Flood,Jeanie L 1600 Kaumana Drive 2-5-040:020 Flood,Shawn G Hilo, Hawari 96720 1600 Kaumana Drive 788`:Hoihaf.SOW';. . hon" :WaiYac: . :`�ri#st Hilo`I�fawai'9720.:.: N!A Keais;;,Giinri:,E Trust: 33:W:Naaila6Sreef 5-0 4;p05 Kearns,f�rgrrii�V;TW Hilo;NaWaii= �72a;`... . 33IAI.Iv�a ao, treet Albert'W Ifi�C�aFiaYStreet -- :-47: 8 : CFiorig;�ha�on:Arin Hilo; G Gkioi 5fr+set;': 1740 Connections Public Charter School A Community,Business&Education Learning 'Ohana APRIL 27, 2012 KAUMANA COMMUNITY MEETING 5:00 pm Kaumana Elementary School Cafeteria WELCOME! eltase prinf name Address, email, phone 1'a2l/;"t-4c w �c?6$-3 Ae4a, 1&44omu A 47 72 r PMS 1� �r 4-144 f-&L �i--? c A4 S . 174 Kamehameha Ave,Hilo,Hi. 96720 -Phone 1-808-961-3664 FAX 1-808-961-2665 Email cpcs@hawaii.rr.com 1741 Connections Public Charter School A Community.Business&Bducation Learning 'Ohara APRIL 27, 2012 KAUMANA COMMUNITY MEETING 5:00 pm Kaumana Elementary School Cafeteria WELCOME! please print name Address, email,phone# fC � ►t/C. Y� fld IS 7Z h A51 po-c N'C.�tmc&o . 414, 8 Male Maww r tip o 11� Z0 ylekkVat(C? W6(4,CDfh oar fh(01 H-t q c,-1 nkawY►p u'CVA-&�)M a L C-'f w 174 Kamehameha Ave,Hilo,Hi. 96720 -Phntie 1-808-961-3664 FAX 1-808-961-2665 &mail cpcs@laawaii.rr.com 1742 'CL'ofie�vucc f�c 'E�t f#ca c��'c��rf� Connections Public Charter School A Community,Business&Education Learning 'Ghana APRIL 27, 2012 KAUMANA COMMUNITY MEETING 5:00 pm Kaumana Elementary School Cafeteria WELCOME! Please orirrt name Address, email,phone# 10-46.i Lwvt 174 Kamehameha Ave,Hilo,Hi. 96720 -Phone 1-808-963.-3664 FAX 1-808-961-2665 Email cgcs@hawaii.rr.com 1743 '4 ZVcAe pet"A" 'CAe c Am PrczBaca fz-C ' iL Connections Public Charter School A Community,Business&Education Learning 'Ohana APRIL 27, 2012 KAUMANA COMMUNITY MEETING 5;00 pm Kaumana Elementary School Cafeteria WELCOME! ?1kase_pdnt narap Address, email, phoneT-ti # rfiN 0 r s w,C>-A_ SZ ll 2 U I 174 Kamehameha Ave,Hilo,M. 96724 -Phone 1-808-961-3664 FAX 1-808-961-2665 Email cpcs@hawaii.rr.com 1744 Connections Public Charter School A Community,Business&Education Learning 'Ohara Kaumana Community Informational Meeting (Connections Public Charter School's future facility) Friday,April 27, 2012, 5 pm Kaumana Elementary School Cafeteria Attached is the sign-in sheet that was not signed by aH of the approximately thirty people who attended. Visual aids: overview site plan rnauka parcel site plan makai parcel site plan artist's renderings of proposed buildings bus participation, demographics graphs Presenters: Ted Hong, Attorney, facilitator Eric Boyd, Connections'Administrative Assistant, project spokesman John Ida,Urban Works Inc., architect Celia Shen, Wil Chee Planning and Environmental, Inc., planning and consulting services 5:00 P.M. Ted: (Welcomed attendees.) The project team is focused on community interest, and will continue to be transparent in the planning and implementation process. The project is intended to be low-impact, developing about 15 acres of the 73 in the lease. Charter schools background: charter schools are schools of choice. They receive less funding per pupil than regular DOE public schools, and must acquire, develop and fund their own facilities. Regarding the concern for potential crime impact: there is much less potential for criminal activity than in downtown Hilo, and their have been no complaints of criminal activity related to the presence of the school in downtown Hilo. Referenced the handout that includes a"comment card", and invited feedback, concerns and questions, Eric: referenced questions and concerns from the last meetings. Shared results of the traffic impact study("no significant impact", and although it isn't required, the project team will consider'a dedicated turn-out lane:) Explained the btfs pa-rtidipatioii graphic§ and dynamics. 1745 Community Member Question- How is the school's bus system funded? What about the DOE's plans to downsize existing bus services? Eric: Connections funds and runs its own bus service internally, separate from the DOE. CMQ: How many staff does the school employ? How many students are from the Hilo area? How do they travel? Eric: There are approximately 60 school employees, of which about 40 are full-time. About 1.43 of our students are from the Hilo area, and they travel by private vehicle. We hope to increase bus travel for Hilo residents. John: The school plans to develop about 17 of the 73 acres in the lease. The property is bisected by Edita Street, and a portion of only the makai (lower) parcel will be hand cleared developed. The mauka (upper) parcel will be fenced as well, but will have only a minimal network of elevated walking paths, and will be used as an observation example of native species habitat. The plot plan on the makai parcel is basically circular in its design, and will include one- story post-and-pier building (classrooms in 3 "pods"to accomodate elementary, middle and high school students; administration building; library; dormitiory; caretaker's cottage), and post-and-pier elevated, covered walkways connecting buildings. The project will work toward LRE D certification, and will utilize sustainable (solar and wind) power sources. Eric: addressed the concern of the dormitory. It will be a maximum 30-bed building, used for short-term stays for students and chaperones directly affiliated with school programs. Celia: Explained the location of the parcel relative to Edita Street and Kaumana Drive. Referenced the search for a suitable property, and the history of the relationship with DLNR and lease acquisition: Environmental Assessment accepted by the DLNR in late 2010, BLNR approved the lease in January 2011. Talked about the evolution of the project in terms of the initial plan, and changes due fo cave concerns, and preservation of native species on the mauka parcel. Talked about the plot plan: elementary,middle and high school students in"pods",with shared buildings (cafeteria, library, gymnasium*, agricultural facilities). CMQ: Is the parcel zoned for agricultural use? Celia: We will be submitting an application for a Special Use Permit, to include agricultural use. A public hearing will be part of that process. The Civil Engineer will assess drainage, water usage and infrastructure concerns. We will continue to hear and address community concerns. Ted: How close to the boundaries will the project development be? 1746 Celia: Water tanks will be about 50'-60'from boundaries; buildings about 500'. Ted: Will buffers be included in the design? John: We will be including landscape buffer options. CMQ: What about alternative access options? Are you still looking at coming.in from the Puainako Extension? Ted, That is a property privately owned by Brilhante-Hawaii ILC. We spoke to Mr. Brilhante again this past Monday. He is willing to continue to discuss the possibility of an easement through that property. CMQ: Tm concerned because both Edita and Kaumana are so narrow. Celia: The traffir-assessment showed no significant impact. Although not required,we will continue to look at dedicated turn lanes. Ted: Were there any recommendations from the traffic assessment engineer? Celia: No, they found no significant impact. CMQ: We first talked about the alternative access question in June 2011 and again at the next meeting here in Kaumana, and you're only now talking to Mr. Brilhante? At both those meetings you said it was a priorityl Eric: That was the most recent opportunity we have had to talk to him. Mr.Thatcher did talk to him after those meetings. CMQ: How much of the fund-raising project is earmarked for alternative access? Ted: If we commit to an alternate access, then will you support the project? We will do that if we have to. CMQ: Tm conceived because there is only one way in and out. Mr.Fuke: The planning commission can make occupancy conditional on an alternate access. Will that.issue be resolved by the time of the Public Hearing? Ted: Don't keep presenting hurdles as we jump over them. CMQ: With the possibility of Puainako access, will you consider moving the project closer to that side of the property? Celia: This is all a project concept, and changes can happen as necessary. 1747 CMQ: What is the anticipated breakdown of the enrollment per elementary,middle and high school? Eric: Right now we have 140 elementary,'80 middle and 120 high school students. We are committed to remaining a small school with a maximum enrollment of 400. Mr. Puke; When do you anticipate breaking ground? Do you have funds to proceed if the permit is granted? Eric: We are actively working on sources of funding,and we're optimistic about our success. The phasing is about 9 million for Phase I (high school). We hope to break ground that phase in 3 years, John, is that realistic? John: That's realistically possible. CMQ: What's the reality of proceeding with the Brilhante property? Ted: Mr.Brilhante has said he will continue-to talk to us. *I want to clarify that the use of the gymnasium will be for in-school events, and we want to make it available for Kaumana community events as well. There won't be any large sporting events. CMQ: I know that charter schools really struggle with funding, and I can't see where your funds are coming from, Will the project impact your State operating fiords? Eric: The project budget is about$20 million, supported by the school's affiliated non- profit organization. It's separate from the school's operating funds. We have an on- going Capital Campaign in progress. CMQ: Can the future school sustain itself? By the time the project is complete,most of you won't be involved. And,what is the school going to do for us? Ted: Be good neighbors. Provide access to the facility (through Request For Use of Facilities), for a variety of uses, including community events. We are committed to seeing this through. Eric: Let us kncw what you would like to see, as far as benefits to the community. Ted: What will the mauka.parcel be used for? Eric: Educational opportunities in forestry and conservation work, for school purposes only. CMQ: That's Area 16, is it zoned for conservation? Celia: It isn't zoned for conservation,but its use will be restricted per the terms and conditions of the Special Use Permit. We will be bound by those terms and conditions. 1748 . t CMQ: What's the commitment to the limited size of the project? Ted: We will build those conditions into the request for the permit. I personally oppose any future changes to the size of the project. CMQ: What about future community meetings? When will we know about the outcome of meetings with Brilhante? Ted: The next meeting will be the Public Hearing. Eric: Please notice the new contact information on the handout. We will have a new phone number on May 4: 508-935-2195. 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E J- ..'. 1754 � 1 f t '�'�re�sacet f#ac 'ifs B f�ae Recr�ta Pca'a�,acfir� Connections Public Charter School A Community,Business&Education Learning Ohnna August 22, 2011 Alpha Kaumana Community Residents, Weare pleased to invite you to a community meeting regarding our plans for a new facility oh.a, 73-acre parcel of State land on Edita Street. We will meet at the Kaumana Elementary School Cafeteria on Friday, September 2, 2011 at I p.m. to discuss the project, and to hear your input. Please share this information with other community residents who may not have gotten this mailer. We hope to see you there! Sincerely, Heather McDaniel Local School Board Chair Connections Public Charter School 174 Kamehameha Ave.,119o,M 96720-Phone 1-808-961.3664 epcs@hawaii.rr.com PAX 961-3664 1 175 .Q8-18��11 12:19 ERDM-,. '\NA HLEM SCHOOL 808-974-4197 f T•-347 x'001/803 F-682 F�ii!8�?.1QvN 7109 Appleado*� iSrSloot} GEPARTMENTOF IDUeAlIOM •9TATIE OF HAWAR APPLICATION FOR USE OF SCHOOL,AUILAINGS, FACILITIES.OR GROUNDS (Appftriren Mutt be MWyod br fH8 8ChW$I hmstl t0 wo*,7g days prior to rggtWod dale of ugh.) aye 1 o I I WE RESPEC"CILLY REQUEST THE USE 10E- 0 of mootOOfs A AwTCR1t1N a U91tARY )*DINING RWM O GYMfsIABfUM ❑OTHER• JrI AT CHp4L ON TNII FQLLdYVII�bATY($)r f{J gum wrth►4sldpe:r� FOR THE PURPOSE Of(Of iW()A r1AT*N ON tiSBI: rl+LUltA( Gt i G�pltf�dC�F�Cl�11 � mil C.A��� APPUCAmrsMmE ANOOADANfx+tTICIft AVORM x174 f4^��H� 'L` ���..� PHONE: MhM. t�7� 13wa 01.1AfSC ANBWlER WE PDLLOWING GMSTIONS AND AFFIX YGIVIR SIGNATfI : i. I&Y*UR ORGAWAYMN TAX.FxcmP HON-PROATlCIrAXLMRYMEEN- El No Z 19??0JAACTIVITrlISPONIOIUNdAOENCYi ,.. pYEe J00 7,. IS WSA NHOOLM SPONSORED AGWITY 7(ECROOL AWANISTRATICHr fit+ )w,...&YES O MO •. HAS YOUR 0RUNWk'n*NLEA$jPYNSWMREGULARLY INWj,PA9T7., r........,.....»rn. ........ 0YES %to IF' s',pau tka l,lfpbX Foot leelil nlali brr ruuwed rnlla11I71SsA trot btd+elpn4 Srt trI rou are dv*ocw fo arrke a lbod Lob slfa,t to ntelso met er elUWft N*ID OA for faro WZVWu daring lh6 WO �1�o IMh M suaJl r mad lren dtaM I�I�tAanp, IraW leen mrgr rrat ba fohtMiYd, TOW ny,finer ar y"I t TootOmarilf om has boon obv Am rhwfs fdomisr, _ Si IM NIS A PRRSONAL OR P1t1VAyR oklouRSIS Ac*nv 1Y! YlPunlu. oyes XND i, IllMENN.AOTA >+,ORDDMAIVMO 1.LKOMW "OUNT:I PEp41+v+vgRw4uk11rwr.rMarnflNrrwr.Nn (3yu .2NO GD YOU PIAN 70 8411LEABIO3HE PAOUTY? (Crete NIS one tiand+akl...r... .......................uuN........«.. .«n..n.,.+. „ O y6 nidi ND IF 9lIKEA41110,ARE AL1.942LI18111113 70 of 601*010 APPUCANI'SUAIIIUTT INBURAIi 0,.....,.......u..„..tnl ..,r.w. d YES 11110 L the Wrd"InK on bobolf 4f the el Twalian I roarolssf%M”anaworw ohs own queetratlo irqdwTr and#Ctwjwjl 9 gho$*wot Remo ro, equllmonf er drauedo ere lid 0 dY mRlablosd"a epplkeK the INetl of ofs9Vell p4perAllene of Shc yeumww am rw"M Of ochm p�Jlhlaa. ollO meet or Wmnw a M 010 1adW IU or Wple inks and Soak slsotwob f2whillea for dulepal Inaurrlq.Tess aApNprh♦firflhst nMMvOe+,da tAlltiu e4R4ol Atc111@wIfldirmAdR No to beakow am 1MV0 fru,Iaeesnl vIMIR the Via of any 00001 of wbeceo sabee,mseo am pwbl`d at 611 gooll oil latteol Stftocle wat 4w tc sal sdiAllte. 41ftu d 918i4hf proono wloh m pardc*oft to thb re MkO We,opo ksmKawt maks reuMeble fho/ltlPUM endtor gtaSrorsnredc acCIMI soder ON W PMN suc11 PttllaN+ouwt. rjj( ,v Gros ACTUAL FM AND CHARGEE. tlb to is b by t 4 eallaa C,00M FOR D AIN MCEI"$t WP6OF VAQLESTr TYPE I WIFE 11 TYPa ul OW LCL ' goof:alobjsat Pmpotm f.D, RENTAL: i._ WA _--_- 3 W6 M41 3= CU&TOCI+i'_ fl- $- E, Asti = 1 UTILITIES: S WA - _ 6.._......_ $_ ___w X441 4 TO{`AL9: I- Ste, -- $_ (Opoctetµysblobt CfoARlmolTonotlgnomI Pou0$AND"t,reat)ARo nramnwl iNUrd9Pft OF PQLICE ANOIDR LiFSOUARD$AB*LnRL°D � 1„.... 13 YC$ d NO 11A91k,1TY 1ASURANCE REQUTAW;(*1,900.000 gsbd y IRetrrance lar Wall firs.lWatal7.and erRYn alNdlle-avanlel IolUY 140. — ....n...u,.w,.r.nurn..../r,..anr.... 13 YE$ Il N0 TOM nogtlg"MR USE OF SC OOL FAULM66 QuItouNius it handbY:vP?R4V8o Q 01SAPPfIPIEll Sh�Relates� .� - � Gffiv: Q r � [Pd+s4�pel10aerynref WASON FOR C*9APPROVALr O i:4m T1t fi ournaTFA NOTAVAILABIA ©OTM Y 13 WST1001AWSTAFF NOT AVl11LABLR DIIpTR19UTfpHIORIGiFtrtl..9.cheor, COPY-Rpgas![A/ 17G 08-18-'41 12;19 FROM--Kq SVA ELEM SCHOOL 808-974-4197 f T-347 P002/003 F-682 f FACIY.,1`I'M ACCES81!8ILITY DISCLOSURE NOTICE AND AGREEMENT MT IQ This disclosure rwdoa is to ihfbrm user applicarlts under Chapter$-39,Hawaii,Administrative Woo,that some of the facilities at this school may ndt be accessible to persons with disabilities. The facilitin that aro awossible and not accessible ars noted below on this form. AGREEN[FNT By sigrtirtg this disolm m and agrnemcmktha userapplitrarnt f.1)acknowlodges that silts was inlbrmed of the accessibility status of the faali`t1y rvquasted for m mld(2)aFm to bd respmsible for the norwdiscHminvion and acca sibility requiromats ofTW*Ji,Amcr'restas wkh Disabilitias Act-of 1990(ADAI if a state or-local government agency,or Cho non-dkomitatian and accesibility requirema a of Title 111,ADA,if,private andiy providing public acoammodolons,as defined by tier ADA,wilt t'hc use©f selrrx 1 Adl ides. 117 a 9h00l t' 611(y Is not nectsAle,the usetfrentev'Muet announce ahead of Nme to partidpanti 6t the school faegity lis not accessible and the user must provide sa ace ommodation wbich allows any handlcapped person to still attead'the aetivlty if the user Is notified ahead of time. ' r 109001,LACII.i�"Y REQUESTRP • 3) L,esserlRenter . It -.all Acknowledged sir: ._..._, ' 1 i'Yirtmipal/l�csig+tc+e Date The rnlloMIng fWllfles arc acsassiblo(Al ornct accimible(NA;etch;school; Adntinisuation Building Ath1al9cField ., Library ; Stadlpm Cafitedo bining Room ..�_ Pla'arognd Othttri¢Kltchon _�_ Auds OAUM messroom Gymnasium► w� Ploycourt T Other 175 k. 22:19 FROM-h -i 'NA PLEM SCH(3 L 808-974-4197 T-347 8003/003 F-682 Fr AJA BS1..7.rtes,84e AD"LM Nd r Appoeedan rM.,,�_tt)ErtOoU DEPARTMENT OF 1 DUCE TICIH-•STATE OF HAWArl STATEMENT INDEMNIFYING STAT£AGAINST LIABILITY CLAIR CIVIL I]FFENSE EMEIZOPENCY NOTICE;SPECIAL PROVISIONS.AND NATIONAL POLLIITAW DISCHARGE ELINNATION SYSTEM(NPhNS)NOTICE (Application for Use of Sdiool Build riga.Facilities or Gfouftds) sdloo� , I!M)18MMIFICATJON STAT MENT NA11ONAL POLLWANT D14CHAIR09 6LIfd WATON SYATEM(NPOSS)NOME 'Ilk vndatalgnad Indfvldutf(s),group■ntllor orSentr:artott,his or Malt deka.psrsensl repraaarUtlh*arra sr4o.of Ira oflttters. The Nglianal polo M Disd%tps 6l1ff*Nn SyMm(NPISES)Is dlrealoa.member.spent..*"[Ron.suamsm and saalg„B, a reauraloryproottin atim nlatered by the tinned Stare: for Ind In eanetdlfetlon of the Stals of I Www 0"n=nt el Enetroivental I'mW*n Aq"q ftt mils Ihr the WIW and Edr�rsden Aerm111fnp ettri alldivtnp Ut0 We of lbl 9elgnatad manapament ofsteflrf water pdMM. In MWAKt Our On water school rosins,bulldkfps,endtcriddflliea)afritfyarsd seyerady dralrfope tyste'mt were designed to PfOVOI4aadfnp by d12nm4 aprfat(a)to 1rPftWllar end lova ftattaless tin Seats of Hewerl ing skon rw?t lm drains Owl dlaahAgt Wough MWts along GcftetSneltl of Educalon 4981rr61 Any ere alt to k 11e0ty, the coAslon& demnde.alklmo,sift,talon or proeseffing of every risme. ettprdrler And eeswlpudwtwhlsh n►atrbe%voted or Inw►red by or mmover,IRI mm wafer c4alnap ayatema wore nal droned D►aughl apalAst use ftio of Htemn Depsrhftent of Pdutailon for for the dkposal of vests or podulanta. M Ordef l0 pr0ftJ11e of an accmmt of any hrqultes or darnages to l p or prep• ereftonrnimtAnd kfif our pdMidmt PreWniidn(Ph a any m ivad or sustained by any person,t�or Intil4 tty,by WpenslbNhlss, the srarfertl of Education otic(Implement 0 A CerlssQm Ace of the use of the fedNtlet by 1ha under71gne0 boil mgmigement flan m LAMP$)as parl of a OMWater at■r In4vlduet(s).groupseAdfaroh(Anh4dnn. raboagementpisn(O MMP). CIVIL PSFLONSE HD7T)CR rhe underslpnod undwCoild;"I e"etrort should Oe medb Is pravant pPlfudo I an s earmequam efWAR mom laoff". to um evenl of a cm os"se soGued amarg■ncy Arinp non• tiveeIQ end ptldtrednMnot mulled WIN enter alarm ftki$ow Oct"houffl.va 4ndafd9w1affis SIND fdrft yelesy of evanluegy rnskv ft Trey to go ecaatr, "erflters And tNrlicl- thotr pragratn paeVdpetgt, 'fire ospartmept of Eduudom Is no! pants can hey Ay mman 141vand Atlnletltbrgiffe we of oblspste�16 provl00 TO, Cif paletsse arl+argenelea t€trflnp rwn- autos on csslque by n9,riding bikes,and ustnp pubita es heel hodrA#vetpt whet€the 1p bJs ar�h�a 4eriigAdlad far trsasponaflm Abort any yl 0 dumpirlp end oWemad viefs- ua as s ctf�trsr> Iha AnrtlrlCen Rea cities, *rte by caddnp 11*011y ft0l Otnr+ ft HOft u M-NO (Hon�wuJ�u+e rtxspacltua caungr pttrr�C(reelphbOr talar►ds}. SPECIAL.CONDIMUS (to be completed by school adathistrAW ea nestled) ACCEPTANCE ANPACtI[NOWLEDGEWNT BY USSR =Th and ntlgned herb- lots end aduMledpeit the above(stalemork notion.OAd$pedal Whddlwmt A� �.,9' n `a�fs fol+cC.�+�►4�r�cGuer'� fslgrsatdra olle Name of oropt#stlon NOTARIZATION(ast)SCHOOL ADMINISTRATOR SIGNATURE Stlbsatbsd and sworn to before me this___.day of Notary hent; _s , r. - — -- Notary License No,; Notary sipatt,re: i ,_ _ comfrltwon€virpflan Data: $Chao!f'rlrl gel cr11Wc-IyAnclgsf Dai9 ' prSYRrptm4N:t3Rr01NAL,&Asa, CQr>ti ReO�sra ' 1758 TMK Owner's Owner's Mailing Address Street Address of TMK 2-5-006:003 State of Hawaii NIA Segawa,Wesley R 19 Puuko Street 06:052 Segawa, Phyllis E Hilo, Hawaii 96720 NIA IGdds:t]eVelopimerlt`.: 616 My N@121.= beat.:` 2 -OU6()67^ clo'::Jar�ies.'a reosuret Hartgliiirj;:F# iniaitJt'81;..t NIA:: 1342 Kilauea Avenue 2-5-006:160 Bnlhante-Hawaii, Inc. Hilo, Hawau 96720 Puainako Street Ext 616 Moaniala Street 2-5-006:151 Pappas, MarilynJ.Trust Honolulu, Hawaii 96821 NIA 282 Edita Street 2-5-061:033 Riley, Randall A Hilo, Hawaii 96720 282 Edits Street 272 Edits Street - 2-5-061:032 Batalla Roxanne-Joy Cano Hilo,Hawaii 96720 277 Edits Street Yamashiro, Loma Y 50 Manuiele Street 2-5-061:031 Yarriashiro, Neil Hilo, Hawail 96720 264 Edits Street Iwasaki,Alan 232 Edits Street 2-5-061:029 Iwasaki, Patsy Hila, Hawaii 96720 232 Edits Street _ 77 Kukila Street 2-5-061;028 Mochida, Ivan S.Trust Hilo, Hawaii 96720 224 Edits Street Gomes, Jeffrey, Kalani 281 Edits Street 2-5-061:001 Gomes,Wendy Keiko Hilo, Hawaii 96720 281 Edita Street Tada,Glenn K 259 Edits Street 2-5-061:002 Tada, Karyn N Y Hilo, Hawaii 96720 259 Edita Street 1416 Pu u Ale Place 2-5-061:003 Sakamoto,Ernest A Trust Hilo, Hawaii 96720 NIA 1360-D Mele Manu Street 1.012 Alcarnine,Chun Y Trust Hilo, Hawaii 96720 1360 D Mele Manu Street Araujo, Corrin T 1358-D Mele Manu Street 2-&061:011 AraWo,MaMareta Hilo, Hawafi 96720 9358 D Mete Manu Street Fuke,Aileen S 1358 Mele Manu Street,Apt.C 2-{-.061:010 Fuke,Sidney M Hilo, Hawaii 96720 1358 C Mele Manu Street 1360 C Mele Manu Street 2-5-061:013 Shiro, Douglas T Hilo, Hawaii 95720 1360 C Mele Manu Street 1360 Mele Manu Street#B 2-5-061:014 Bevin ton Family Trust Hilo, Hawaii 96720 1360 B Mele Manu Street Carnacho, Brenda M K 1414-A Mele Manu Street 2-5-061:017 Camacho,david W Jr. Hilo,Hawaii 96720 1414 A Mete Mann Street Nishirnoto,Nelson N 1414 Mele Manu Street;Apt.B 2-5-061:018 Omoto, Patty K' oko Hilo,Hawaii 96720 1414 B Mele Manu Street Novak,Allen L 1414 0 Mete Manu Street 2-5-061:019 Novak, La ne Y M Hilo, Hawaii 96720 1414 C Mele Manu Street Ludoff, Elaine L H Wilhelm,Steve K 1416 C Mele Manu Street 2-5-061:020 Wilhelm, Patricia J Hilo, Hawaii 96720 1416 C Mete Manu Street Takata, Brice Hiroshi cfo 777 Ainako Avenue 2-5-061:021 Takata, Christine Leiko Hilo, Hawaii 96720 1416 B Mele Manu Street Chun, Mark Richard 250 Edits Street 2-5-061:030 Takami a,Marianne Yasuko Hilo, Hawaii 96720 250 Edits Street P.O. Box 5915 r 5-061:022 Herzog, Markus 2010 Trust Hilo, Hawaii 96720 1416 A Mete Manu Street - ...___._..._..._... . .- - _ -._. . 1964 Mele Marto-Street_ .__.. .. ._..._..__.___.. .__-. ....---__-.-- {161:041 Mok,TR Hilo, Hawaii 96720 1464 Mele Manu Street Arzaga, Noemi L 1468 Mele Manu Street 2-5-061:042 Arzaga, Rudy D Hilo, Hawaii 96720 1468 Mele Manu Street 1488 Mele Manu Street 2-5-081:043 Hudak,Daniel Robert Hilo,Hawaii 96720 1488 Mete Manu Street Veriato,Franklin D 1500 Mele Manu Street 1:044 Veriato,Virginia L Hilo,Hawaii 96720 - 1500 Mele Manu Street Mural, Gary 299 A.Alu Road 2-5-061:045 Murai,Jacqueline K Walluku, Hawaii 96793 1510 Mele Manu Street Kanahele, Kip Masao 1520 Mete Manu Street 2-5-061:046 Kenaheie,Valerie-Ann Lelko Hilo, HawaFf 96720 1520 Mete Manu Street 1342 Kilauea Avenue 2-5-061:106 Brilhante-Hawaii,Inc. Hilo,Hawaii 96720 Kristiano Street 1342 Kilauea Avenue 2-5-061:105 Brilhante-Hawall, Inc. Hilo,Hawaii 96720 Kristian Street 1342 Kilauea Avenue ' 2-5-061:104 Brilhante-Hawaii Inc. Hilo,Hawaii 96720 Kristian Street 1342 Kilauea Avenue 2-5-061:103 1301hante-Hawaii,Inc. Hilo, Ham!!96720 Kristian Street 1342 Kilauea Avenue 1-5-061:102 Brilhante-Hawaii, Inc. Hilo,Hawaii 96720 Kristian Street 1342 Kilauea Avenue 2-5-061:107 . Brilhante-Hawaii, Inc. Hilo, Hawaii 96720 Kristiano Street Truesdell,Joel W 260 Kristian Street 2-5-061:049 Truesdell, Olzabeth F=rench Hilo, Hawaii 96720 250 Kristiano Street Santos, Robert J Tr 1540 Mels Marta Street 2-5-061:048 Santos, Celeste G Tr Hilo, Hawaii 96720 1540 Mele Manu Street Wilson, Lee Michael Morita 1536 Mele Manu Street 2-6-061:047 Wilson,Adriann Misae Morita Hilo, Hawaii 96720 1536 Mele,Manu Street 243 Mikala Street 1:068 FCmura Lany L Hilo, Hawaii 98720 243 Mikala Street Ogawa, Glenn 1495 Mels Manu Street 2-5-061:069 Kouchi-O awa, Gail H Hilo, Hawaii 96720 1495 Mete Manu Street Bishop, Michael Klzak,Pamela V Trust 1485 Mei Manu Street 2-5-D61:070 Boteitio,Lee Uitani Hilo, Hawaii 96720 1485 Mele Manu Street 1473 Mele Manu Street 2-5-061:071 Yamane, Raymond l wao Trust Hilo,Hawaii 96720 . . 1473 Mele Manu Street Yamashita,Gary M 1457 Mele Manu Street r 2-5-061:072 Yamashita,Rochelle A Hilo,Hawaii 96720 1457 Mele Manu Street lila, Erwin Y 1449 Mels Manu Street 2-5-061:073 Lam-iida,Julie C Y Hilo, Hawaii 96720 1449 Mele Manu Street 1439 Mele Manu Street 2-5-061:026 Sakamoto,Lester S Trust Hilo, Hawaii 96720 1439 Mete Manu Street Ignacio,Michael L 1411 Mele Manu Street 2-5-061:025 Ignacio,Claudia D Hilo, Hawii 96720 1411 Mele Manu Street Tokuuke,Jon P 1395 Mele Mania Street 2-0-061:024 Taira Tokuuke, Patti H Hilo, Hawaii 96720 1395 Mete Manu Street Shozuya, Edc M 1380 Mele Manu Street 2-5-061:016 Shozu a,Barbara L Hilo, Hawaii 96720 1380 Mele Manu Street clo Dana Kenny Hawaiian Island Homes Ltd i 162 Kinoole Street,Ste 201 2-5-061:015 HIHL Melemanu LLC Hilo, Hawaii 96720 1360 A Mele Manu Street Yokota, Melvin H 1358-A Mele Manu Street -061:009- Yokota, Jan' Hilo, Hawaii 96720.... 1358 A McIwManu-Street Kanemoto,Wayne K Trust 13588 Mele Manu Street /'179-0631:009 Kanemoto,Amy Emiko Trust Hilo, Hawaii 96720 1358 B Mele Manu Street 1760 72 Palua Loop 2-5-061:007 Su a,Bryan Hiroaki Family Trust Hilo, Hawaii 96720 NIA lCrmura,John T TTEE 1300 Mete Manu Street x061:006 19mura,Gail KTrust Hilo, Hawaii 96720 1300 Mete Manu Street 1290 Mele Manu Street 2-5-061:005 Leong, Kelly!Alpon Y Kaku awa Trus Hilo, Hawaii 96720 1290 Mete Manu Street Hirano,Wataru Sano,Phyllis Anne r Hirano-Omizo, Naomi Y Trust 235 Edita Street 2-5-061:004 Hirano, Shlnae Hilo, Hawaii 96720 235 Edita Street . 2-6-061:038 various Road /2-5-061:039 various Road 25 Aupuni Street ` 2-5-061:080 County of Hawaii Hilo, Hawaii 96720 Road Nagai,Masaru/Nancy Trust 1035 Kaumana Drive 2.5-011:011 Nagai,Nancy Hilo, Hawaii 95720 1035 Kaumana Drive Cling,-Carroll D 1045 Kaumana Drive 2-5-011:012 Cling, Donnie Faye Hilo, Hawaii 96720 1045 Kaumana Drive Papalimu,Joseph Kalml 1053 Kaumana Drive 2-5-011:013 Papalimu, Kahiolani Juanita Hilo, Hawaii 96720 1053.Kaumana Drive Fergerstrom, Norma R 1065 Kaumana Drive 2-5-011:014 Fegerstrom,Arnold TR Hilo, Hawaii 96720 1065 Kaumana Drive Crivello,Ronald Anthony 1073 Kaumana Drive- 2-5-011:015 Crivello, Loretta Alejandro Hilo, Hawaii 96720 1073 Kaumana Drive Sato, Mark M P.O. Box 529 2-5-011:016 Sato,Melissa A Kaneohe,Hawaii 96744 NIA 20 Wawai Loop 011:017 Fergerstrom,Arnold TR Hilo, Hawaii 96720 1139 Kaumana Drive 'q orr 1147 Kaumana Drive 2-5-011:018 Rushlow,John Howard Hilo, Hawai 96720 1147 Kaumana Drive Spencer,Thomas S Trust 1110 Kaumana Drive 2-5-011:019 Spencer, New Tan Dedd Hilo, Hawaii 96720 1110 Kaumana Drive o Wilson,Alko T 1090-A Kaurfiana Drive 2-0-01.1:020 Wilson,Cyrus H Hilo, Hawair 90720 1090-Kaumana Drive 1131 Kaumana Drive 2 5-011:038 Carvalho,John G Hilo,Hawaii 96720 NIA flume 1131 Kaumana Drive 2-5-011:039 Carvalho,John G Hilo,Hawau'i 96720 1131 Kaumana Drive cto Barbara Brickwood-Correa 1068 B Kaumana Drive 2-0-011:043 Correa Family Trust Hilo, Hawaii 96720 1074 Kaumana Drive =,._ HarilettbY�n:��Ott`sti3 herGld'ves::: ' 'i41��-F�ri�a>>a:Dt`ir-c�•` . - • - - 2 -01'I 001':- :Sal ,; e: j� beth Hrfo HaiC6lD -sW 'I(13fCatitnaCia,Driue:�.,,. i =:Th ore'.Ha'irrtlr SasamUra�`Jai'ie'�E�eikp t, , . - -:e. Lebrj =Sartii r }i="`' 9023'iCauii ana[]niie` 2=5-0:1 fE1l Saaamura..0"r'ai` <T `" fi[o `y` ri'9672i`:,. 1Q23.i�auiiiana ,. �W cls, arbar ;Bi[ckVilapd-Citrea' . •_ - 106$;B=Ka�rri'i�ria,Q;�ir2,.'.-., ,. : - - _ 'St Fiil6'Fi 9 4 := 1068 Ka'iir iah Fj 2- 'Oft 1: 21' Correa-t=am'i :Tru ,. a n. rs1►e - -.- - . - - clo:.�a�baYar;:HricktiiyCood�Car'rea-; • . aririnf�rive ,t711 d22:,. Correa Fairm�Y'.';1`ris.#' HIo;::Hawaii,: `TO r:,:. 10.64}Caurnan drive: Zane; Cl� ord=.KS ': 5. 3.HideEPlace 2=5-©11:023'.:: ri ,Llnda'K'Q.:;= Waifuku, Hvlran�679$:= 1l)56.fCaumaria D1Ne;;.' 1761 P:(4 Box 166;' 2=5-0 l l;iia4;:. - Kirs h: llai#ifas,�llfaitrlil. epeek-'-H." ii 96783,; 1.040 Kaumana l tN4 °' of t? fillips V�lllfaritJ:;Jr ' 1036:1(aumarta prive<' -01:1:02 '.: Stifi f=Philli ,; e9na:M: 1036.1Caumana'D e..r;.;. Nakairio Sii iftn.Mati uyo 0�5 iCerimatra©rtva . ; 25-0i10 �CaiC�.Ovilei:Ta a`sf�i Hilb,:l-lviraii.96720; 1005.Ka6liianaDinie:` , Hint.K.Stemik aime16:! - - 4Et46 Fort #ft, 5?D.�I.18 Hitcl�;`Krysta:'Les,:-�'� Siri1L1/alfe`,:Ci�lifor�?ia93Q63 10�8Kaiimaria.l� e;�';`,:�. C Kaumarf9VnV- _' UStY sI :Jo Ai i R.Tiusf-: 14110: l-faWa�[. .B72Q.. 98 C:lCauixiarta:f3 IV6,.: : P.O.Box 2463 2-5-027:021 Caravalho Family Trust Kailua-Kona, Hawaii 96740 1253 Kaumana Drive 3572 Nipo Street 2-5-027.001 Mitsuna e,Edith S Trust Honolulu, Hawaii 96822 1265 A Kaumana Drive o Yamamoto, Elise CO-TTEE 1245 Kaumana Drive 2^5-027:002 YamamotoFu"Ie F Trust Hilo,Hawaii 96720 1245 Kaumana Drive 1876 Hale 0 Kea Street 2-0-027:003 Okutsu, Randal S Trust Hilo, Hawaii 96720 1223 Kaumana Drive 3572 Nipo Street 2-5-027:058 Mitsuna a, Edith S Trust Honolulu, Hawaii 96822 1265 B Kaumana Drive 3572 Nipo Street 2 5-027:059 Mitsuna e, Edith S Trust Honolulu, Hawaii 96822 1265 C Kaumana Drive 3572 Nipo Street 2-5-027:060 Mitsuna a Edith S Trust Honolulu,Hawaii 96822 1265 E Kaumana Drive 3572 Nipo Street -0-027:061 Mitsun a,Edith S Trust Honolulu,Hawaii 96822 1265 D Kaumana Drive 3572 Nfpo Street - ii 9 027:062 Mitsuna a, Edith S Trust Honolulu, Hawaii 96822 1265 F Kaumana Drive 3572 Nipo Street 2-5`027:063 Mitsuna a, Edith S Trust Honolulu, Hawa6822 1265 G Kaumana Drive 3572 Nipo Street 2-5-027:064 Mitsunaga, Edith S Trust Honolulu,Hawaii 96822 1265 H Kaumana Drive 3572 Nipo Street 2-5-027:065 Mitsunaga, Edith S Trust Honolulu, Hawaii 96822 1265 M Kaumana Drive 3572 Nipo Street 2-5••027:066 Mbunaga,Edith S Trust Honolulu, Hawaii 96822 1265 L Kaumana Drive 3572 Nlpo Street 2-5-027:067 Mbunaga,Edith S Trust Honolulu,Hawaii 96822 1265 K Kaumana Drive { 1215`l�a 4i Kam m ,21-4 .r10-. kr_ ,ri+c 7 025. Din J' n;,S Ti list Hila`:Havuaii;967 ;:-.;.- '1 � B!Kauliia"a Y e _. �. . ..- !t .iah11 Ushijima, Dean K 1215 Kaumana Dave Apt C 2-5-027:026 Ushilima, Else H Hflo, Hawaii 96720 1215 C Kaumana Drive Segawa, Rodney Macy F 1215 D Kaumana Drive 2-5-027:027 Segawa, Susan Marie Hilo, Hawaii 96720 1215 D Kaumana Drive Ebesu, Royce T Jr 1215 G Kaumana Drive ' 2-5-027:068 Ebesu,Jane 1.A Hila, Hawaii 96720 1215 G Kaumana Drive 1215 G Kaumana Drive 5-027:069 Ebesu, Janey L A Trust Hilo, Hawaii 98720 NIA road??) ,,.__...-__.._. Segawa;-Rodney M F 1215 D-Kaumana,Drive -027:070 Se awa, Susan Marie Hilo, Hawaii 96720 NIA road?? 1213 A Kaumana Drive 2-•5-027:005 Sato,Sandra Hilo, Hawaii 96720 1213 A Kaumana Drive 17 Hasegawa,Edward K 250 N Judd Street 2-5-027:046 Hasegawa,Caroline G C Honolulu, Hawaii 96817 1211 Kaumana Drive 1209 A Kaumana Drive .;-027:043 Perez,Catalina A Hilo,Hawaii 96720 1209 A Kaumana Drive Okuhara,Henry S P.O.Box 945 '� 2-6-027:044 Okuhara, Norine N Hilo,Hawaii 96721 1209 B Kaumana Drive Turner,Jason Phillip 1209C Kaumana Drive 2 5-027:045 Turner, Jennifer Sims Hilo,Hawaii 96720 1209 C Kaumana Drive 823 Kaumana Drive 2-5-027:053 Tsuch' a,Kart K Hilo, Hawaii 96720 1175 Kaumana Drive Paiva, Paul P 1169 Kaumana Drive v/2-5-027:054 Paiva, Shawn M Hilo, Hawaii 96720 1169 Kaumana Drive 1155 Kaumana Drive 2-5-027:055 Komatsu,Garret T Hilo,Hawaii 96720 1155 Kaumana Drive Inouye,Tatsuo Trust 2230 Apoepoe Street 2-5-027:056 Inouye,June Trust Pearl City, Hawaii 96782 NIA Goya,Melvin H Trust 1170 Kaumana Drive 2-5-027:047 Goya, r3yono Trust Hilo, Hawaii 96720 1170 Kaumana Drive J Kuwahara, Bryson T 1142 Kaumana Drive 2-5-027:057 Kuwahara, Loma T Hilo, Hawaii 96720 1142 Kaumana Drive Kuwahara, Bryson T 1142 Kaumana Drive M-027:007 Kuwahara,Loma T Hilo,Hawaii 96720 NIA Oliveira, Mary Jane Oliveira, Manuel III 1150 Kaumana Drive 2-5-027.008 Oliveira, Manual Jr Hilo, Hawaii 96720 1150 Kaumana Drive 98-459 Hoono Street f -5-027:009 Yahata, Michiko Pearl City,Hawaii 96782 1162 Kaumana Drive oS: aor,UHd H. 1..9�72 1=_:.. 1209,r 'i� 6 u 2Z�o4�" •��_ _�.4 ._A?I:.. 0... . tCaurrma... n e•� 0.0 rS' r: - _ l fii''F " ' I "T#ti t:::"` P:C7:" :1.1 � �W .Hai��ji. �. Ba3c tujz 2- 27 0 1 'TJge ;Nfai T kab.,Hwarr'$67 : 1193.Iumana7rrve, . Nakamura,Bryce H P.O.Box 294 25-027:034 Nakamura,Sharyi S Captain Cook, Hawaii 96704 1240 Kaumana Drive 1260 Kaumana Drive- . f 2-5-027:035 Robledo, Paulette A Trust Hilo,Hawaii 96720 1260 Kaumana Drive 1266 Kaumana Drive / 2-5-027:036 Perreira Family 2008 Trust Hilo, Hawaii 96720 1266 Kaumana Drive 1280 Kaumana Drive l 2-'3-027:014 Hoshide,Miyoko M Hilo, Hawaii 96720 1284 Kaumana Drive Shinjo,Hajime 1272 Kaumana Drive 245-027:040 Shinjo,Aileen C Hilo,Hawar7 96720 1272 Kaumana Drive Kaneko, Ryan T 1294 Kaumana Drive l 2-5-027:037 Kaneko,Aimee A Hilo, Hawaii 96720 1294 Kaumana Drive 1300 Kaumana Drive `r 2-5-027.038 Yokoyama,Jan K Hilo, Hawaii 96720 1300 Kaumana Drive Fujisawa,Stanley K ✓ Fujisawa,Tammy L Fujisawa, Curtis S 1296 Kaumana Drive 2-5-027:039 Fujisawa, Minerva S Hilo, Hawaii 96720 1296 Kaumana Drive 12-5-027:015 State of Hawaii Kaumana Drive 1348 Kaumana Drive =027:023" NakaM6 b,'TSf rru"o-Trust Hilo, Hawaii,96720- 1348'Kaurnnna'Drl've'- 1360 Kaumana Drive 'z=5-027:016• Otani,James M Hilo, Hawaii 96720 1380 Kaumana Drive 1763 Matsu;Russell 1352 Kaumana Drive 2-5F27;02(0 Matsu,Lorraine H Hilo, Hawaii 96720 1352 Kaumana Drive 6 Pokole Way ' Ota, Hiroshl/Shizoho Trust ,Hilo, ■xHawaii 967120 {SIA `!: _ ;,i::�'�a •ry L:4.; _ - ,..r" �kf:4eJ1S1� _ _ til.^`..-_. . " t4 Q Ori" uric:; =w I , ce` �,,.. � -�.._t�I f. '0 7 Q� c t3,' s A �_ •. �2 2 lit Ka t+m oh e••� +Y.x'_f,.,a>• :'e'.: ar::-ii.:i'' .^i:'�,-��•s .i .`y t:';:'_•;1�-qr:s - -027:, tic - I, T3stx t ffi242tCatam I3ri�r n ti j , -r S }•.?fir Y Jj I.9'Y c4 .f�+�•x r 'e c G -07 i512� r' Choc ' (u Y.T(aMist :Y. < ` s25SKat�maiya Dk1ve r � A�tk' �1 yK 1- - ayar-'� i Y 1 ` I- st1 �1 � dt. ; 1..�R* L - `){ C, '.-. • urnana v7r ' r!u 1-0;7 � o ,l. �ra 1 t�•, o�`, ,�.y.��J`Me, 7Z,., 2 D e ��F.•f Y�'3Lh V �.�; •F'�{'Z�SFI Y �- l5 � � S� �� Y'1`. �t � 7_ � A oy r Ot ; .;Yqn >_ dol?'�i l _ lh� B T :s:::_ 2 ;Kaurriai l tl►e;.r� � GC f�d4.*�`c �,:,. , .•S3 �-i�, l �'�Y`1=t � 1 tt.; �.r S"x a' �y,.y ti•sy v L f� +k s,�;- t+• -r' OZ.p `. t? l�ttlsQO Kwm Yult t► �i� '_s69T�.� / �,�.�{�'`��n\!3yy_y/�- �_ry � T��•�e�2ig�y� �Y ` 1 --� �- ry.44�„1���������� ^ iv 4 Si' tvu x� - _ k. ' 1 x.Q t.0 ion �kCeICiti1:,' l��f� I. 71 1.18 mdi a � ,3e.,- �Nff; T ��".7 0'l'l; a .1 _..." . may ! A ;� \ 11 l� = T1 �.`�'11►V .. �; 1{ ti,'ff.l ty'� N ✓ Thal 9612tli ::: :1,178 Kaumana �. 72-&027-071 Sega", Herbert A Se awa,Kay K NIA roadwa027 004 various roadway 4R.C`bfi S � Kdino>'anaq ;r.,rr�]G ,.1f{ •oma ;G,1' o �.�1.±1)ihfN�ad.a+?1.,�.uo--_-- '' 's4 ,.S..ti _ ,. �' l.l F•Llk![Q.�_,....._ pfiL,y�4 -,y4, r' � � �:l'A�1'�nty�'�[{�S�>. R„'tti ! '�9�. "'� - � _ •'."' r 5'' T�Y SOi` °7 r � , �'.'4.Sf �SV1f 4h .is.F r 4 } 1 �� Y u4 �}f l £ i J•rT S i -J s 5 [ �- :'_ ':. r. 3+f f T4 Via•.... Yh - �_ 1C ,v! �r�).Sli�l.J, � \v.t L :7 . L x- `12m, R Dm►e.: M1 , ��.+F:-4✓'` :aJ•. f',�_t'4v.-•-.i V. '',iL'j „I t 1��:N. tl�'',J :M Y, ��},y,��� _ •Cti .tt,-�Avs:l"♦,r; ,�•:' ,•i ,ja � � ! y V J -? l_ t 4 � -1 ,?'S R X.,C� 1 _! ��•f+JiC 2 _ Ie riE0t, 1246; ri um Dave_, / 2-5-027:077 Chock, Laura Y Trust NIA roadway. .� -, �,,f�, ti+ f< NI -r' dwa- '�,?•! .i.,t�. ..J _ '�..., :'�h,}) .'�c3 -i:a-._.=#c. IG1>l.'"- e i1.t.11f,7�B}[�S}� ;,.na�i� :•*. i :.1'. 0 4J: ✓ - 0 33 ���t '+' ,; :� fi!^j `- I`�'`^a�� 72 'l Z ' ' �ifs�ai�a l7ri ie Ahla, Lily Auld / 2-5-027:019 Ahia,William Kalaemakani NIA roadway Lem,Tara Kalelehuaokaleilani 1503 Kaumana Drive 2-5-040:011 Lee,Doreen Kanani Hilo, Hawaii 96720 1503 Kaumana Drive 98 Kulalca Road 2-5-040:010 Tomota,Kelli Jennifer Leihua Hilo, Hawaii 96720 1493 Kaumana Drive Otani, Norfaki Otani, Pujie Otani, Brad Hiro - -'-- Otani;Maxhlorio__ . ... . 1489 Kaumana Drive *j-040.009 Paiva,Shawn Mode Hilo, Hawaii 96720 1489 Kaumana Drive �7 Hirayama, Ellen Etsuko Hirayama,Ellen Setsuko Kitamura,Klmiko Kitamura,Susan Setsuko Kitamura,Tadayuld 1479 Kaumana Drive 25-040:008 Kitamura,Wayne Kazuyuki Hilo, Hawaii 96720 1479 Kaumana Drive Oldfield, Frances 1473 Kaurnana Drive 2-5-040:007 Oldfield,Richard Hilo, Hawaii 96720 1473 Kaumana Drive Almeida,Jewels Anuenue 561 AN Place 25-040:006 Almeida,Mark Kaipo Kailua,Hawaii 96734 1461 Kaumana Drive Hennessey,Brendan J 1447 Kaumana Drive 25-M.036 Johnson, Melissa Ann Hilo, Hawaii 96720 1447 Kaumana Drive Yoshimura,Chlseko 1441 Kaumana Drive 25•'040:005 Yoshimura,Gary K Hilo, Hawaii 96720 1441 Kaumana Drive 250 N Judd Street 2-5-040.035 Has arra, David A C Trust Honoiulu, Hawaii 96817 1433 Kaumana Drive Tiogangco,Anne A 1391 Kaumana Drive ✓ 25-040:004 Tiogangeo, Jordan L Hilo,Hawaii 96720 1391 Kaumana Drive Enoki,Calvin H Trust 1381 Kaumana Drive 2-5-040:003 Sa ma-Enoki,Sandra H Trust Hilo, Hawaii 96720 1381 Kaumana Drive Kaitoku,George M 1375 Kaumana Drive 2-5-040:002 Kaitoku,Joyce H Hilo, Hawaii 96720 1375 Kaumana Drive P.O. Box 4305 2-6-040:040 Hinez,Matthew F Hilo,Hawaii 96720 1369 Kaumana Drive Oblero,Dain M Oblero,Sean W Rezentes, Henry J 1367 Kaumana Drive 0:001 Rezentes, Raquel K Hilo, Hawaii 96720 1367 Kaumana Drive 1374 Kaumana Drive 25-040:039 Toma,Bryson Hilo,Hawaii 96720 1374 Kaumana Drive 1027 Kagawa Street 2-5-040:041 Shaver,James R Pacific Palisades,California 1394 Kaumana Drive 1468 Kaumana Drive �. 2-54040:015 Lee-Ching,Richard Trust Hilo, Hawaii 96720 1468 Kaumana Udve . Fujimoto, Byron S 142 PuhW Street 25-040:014 twase,Shirley T Hilo, Hawaii 96720 1486 Kaumana Drive Rodillas, Francis Herbert 50 Akala Road r 2-5-040:018 Rodillas, Martha Ann Hilo,Hawaii 96720 1486 A Kaumana Drive Rodillas,Francis Herbert 50 Akala Road 25-040:042 Rodillas,Martha Ann Hilo, Hawaii 96720 50 Akala Road Rubio, Karen Leiko 226 Akala Road 2-6-040:013 Rubio,Lloyd J Hilo, Hawaii 96720 1496 Kaumana Drive ✓ 2-5-040:012 State of Hawaii Kaumana Cave Park 1568 Kaumana Drive Butz, Marc 55 Akala Road 2-5-040:019 Gian regorio,Desiree Hilo, Hawaii 96720 55 Akala Road Flood,Jeanie L 1600 Kaumana Drive 25-040:020 Flood,Shawn G Hilo, Hawaii 96720 1600 Kaumana Drive 788-HWhai Street:-•: :VSlllac "F;Tiist::' Eilo HaWirajf:9f do-: NIA`, - ' 41:4:005 . 1 earls Vtr inial/TFrgst : Hilo"':Ha+ivaii 96 2A._ ._. 33 W1 J: --- tt0fi =i(327 048 Ctioiig`Stat"ori i4ri Harm ii-9Ex72(1,'' 6 Chari'.Sfteet 1765 r -Kaumana Community Meeting Friday, Sept-ember 2, 2011 5:00 p.m. Kaumana Elementary School Cafeteria WELCOME! PLEASE SIGN IN PRINT Name Address K� Co b MA,,,) AlIk7a(C.1 �WZ MA/W Am ` - G-� NICE�.4�'.�Ma7a ✓r3� �� � �f1 Nd f7 �/c a it �v��► Yck -� 1358 A Meja- Ma,�" 5;+, fl-► t t, �1 ws-lc ��G ti ��'� �"�i� �• !�-1�1 ...—i�51 E n n 6i 1 Q awry S4 . Of C 4 - 11113' I IAI A41ef„ Fuke, Me-Ce", Mgkp, S - 1-4,14 I-j"967Z1 1766 Kaumana Cammunity Meeting } Friday, September 2, 2011 5:00 p.m. Kaumana Elementary School Cafeteria WELCOME! PLEASE SIGN IN PRINT Name Address `d Gawk&--r� �f1 `f" �V�e.��. l fit- s� a h i3Z.0 - 5 c� vj LLs �)Y-' s _ �I21�S a-.PLa- Dji,. ��Yw- VC 6&4.q rt -r�A- ^:9". 1 1767 Kaumana Community Meeting Kaumana Elementary School Cafeteria,5:00 pm September 2,2011 • Have you considered Edlta Street to go through to Puainako extension? • Did you do a Traffic Study? A study was done by Will Chee and is in the Environmental Assessment Report • Are there plans for a light at the intersection of Kaumana Drive and Edita St? No plan that we know of • Where do your students come from? About i4 from Puna and Ya Hilo and surrounding area. •. With your projection of 370 students,how can you justify this big of a project when other schools are closing? Using area for demonstration projects • Because we are concerned about traffic, how wil I you eliminate the option for HS students to drive to campus? Council Person Leite-Todd asked how many of our current HS students drive to school,answer 3. • If the Land Use Commission denies the application, it stops. Council Person'Leite- Todd commented that that is highly unlikely that the Land Use commission will deny the application. • A road out to Puainako Extension would be really good access. • What are you doing about not meeting AYP? We have a restructuring plan approve by the Charter School Review Panel. • How can the new campus enhance the learning? Mr.Thatcher explained plans for forestry projects,use of land for gardening etc. • If you have a 20 mil budget,a suggestion would be to use part of the 20 mil and earmark for an Edita Street to Puainako Extension road. We are some years away before the school is built and are looking at all kinds of grants.One grant is related to fiber optics.We can assist in bringing to the community(comment by audience member that fiber optics are already available) • How much have we raised? Not much • What is the cultural significance of the property? Lava created Kaumana Cave which runs under the upper portion of the property. No building will be there.Culturally the property will provide information centered on Science and Geology.An Archeology study found no artifacts. • Council person Leite Todd stated that the school is looking to build only on the lower property. The upper portion may collapse because of Kaumana Cave.The upper portion is also mostly native forest. 176 Kaumana Community Meeting September 2,2011 Kaumana Elementary School Cafeteria,5:00 pm • How can you say you will be good neighbors when we had to find out about your school from the newspaper? • Do you have a contingency plan if the use permit is denied? We will use the property for Agriculture,Forestry Conservation,green houses,Hydroponics,etc,. a My property is next to the property where the proposed dormitory Is to be located.How high will the fence be? S feet • Have you done any studies on how our property values will be affected? No • You only talk about the good and not about the negative impact on this little'community. • Council person Leite-Todd led a discussion about a traffic analysis report regarding a left turn lane onto Edita Street and a discussion about encouraging the school to find another access to the school property. Also stated that there is a copy of the draft EIS at the County Building. + Can the-per-mit say that the school cannot use Edita Street as an entrance? Council Person Leite Todd answered no,If no other option is available. . Any communications to the community will also be sent to the community assoxation and the leadership and get the work out. 1769 f Co�'t: ` z y` Meetiug June 3, 2011 Historic xms Duliding 174 Kamehameha Ayenur,Kdo 5:00-5;30 p.m.tight Refreshments 5:30-7:00 p.m.Community Input 1(osir lagµt,to rnxiregarding Carai:etipna ruhllrc ti haF-65APAi4 f0tirr eampli s in $j?yci4lESuFer;j..WitQov.V AA�ra,W4a.n wia;44-W4 kagp 1✓wwxyrtiaa,ap¢. ,. lain{x,rpp�asas O—cs Public Charter School c�e[q?hcwatl.u.�ovra 0411 96L-304(armo;a 1n(prraQWvL A 1�w Connections Public Charter School A Community,Business&Education Learning 'Ohana June 6, 2011 Aloha On behalf of Connections public Charter School, we would like to sincerely thank you for attending the June•3, 2011 community meeting regarding Connections'. plans for a future campus. Your input and opinions are greatly appreciated, and will help determine our direction as we move forward with our project. We will continue to invite the input of the Kaumana Community. If you would tike to provide the mailing addresses of neighbors whom we missed in our last mailing, it would be very helpful in reaching a broader Kaumana population. Again, thank you far attending and for sharing your thoughts. Sincerely, 44". _. Heather McDaniel Connections Public Charter.-School Local School Board. Chair Kaumana Campus Committee j 174 Kamehameha Ave,Hilo,ilii. 96720 -Phone 1-608-961-3664 FAX 1-808-961-2665 Email cpa@bawaii.rr.com 1771 k' CO to (D U? 4 a a a a a 6 � m a 2 2 " LU tiJ W W ❑ ❑ U U m V a co as dao p i� N N [�[ m m L7 CI M co s�- m w. 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BRM E E air o a cL1 o o °c � ��cp � a� � 0 1°c � `� = s kOOa ¢ = � >9 > 3: PF- uJlnX = 00 � � �- to -1 LL an N co LD in a m 04 0 T O) to V O O C'7 0 m O a O 'qt O (0 i1 T T O C] Co O 9 C7 O G O O O Q O 0 d 0 O O O O O 0 O O O 0 0 Q 0 O c N N � N Al N N CV N N N N 1781 ) k c . e ƒ / z w «2 � « LO co 2 2 0 a � 2 � � A R K '6 C4 't 'a CD ■ 'W °(Pb § � 2 § § § � J� 22 � — cceE � — k � a a § . AA § � § 2 ■ § ■ z 72z22 � xzx k � t e Z z o In A2 _ O � § © � � � � c � � � 2 t� c� oxQ,-6 � � � � — R < m � m M «42 � � � � c / E � / k � k kk2 R27 &2 -C � 1212XWcc cELL O � « QQ A q ¢ o5: \/ .- � % t tq a2 ::. \ 0 9 . /: o A 6 G & & % & 7 % % &« . . 1782 m � � . . r tit - s z CD a CL U IE cl W aw � Q � a ` CL a OD 3 _ . Z �- �- r N Cri d 1Ly 7L-�L: CY C s- N M �? 1n �D !•- Oa C� N r N N r r r r r r r r r N H FNr p w 1q 703 Kaumana Community Meeting Connections Charter School June 3,2011 Questions,Concerns and Comments • What is the likelihood of the permit being approved? We don't know,that is whythis meeting Is being hew so we can find out your concerns • Resident concerns: (1)This is the first opportunity you folks have given us to voice our concerns(We advertised in the paper about a meeting 2 years ago) (2)Were the conditior5of the land Board meit?(so far they have (3) How will you address the change to.our quality of life,this is a n old neighborhood. (The community will be able to have use of the gymnasium and other Ideas can be discussed) • What about access to the property?There may be access from Puainako extension and the first thing we will do is fence the property. • If you don't have places for easement then it looks like you won't have it Edita Street and Melemanu will be affected. Traffic was monitored and reported in the EIS.It would be at acceptable levels.it may be recommended to have a dedicated ieftturn lane on Edita to minimize impact to neighborhood. • How do you intend on getting;ofan alternate entrance;Are you Serious? A priority for the school is to get that easement. • The permitting process is how long? Once County accepts completed application it could be up to 8 months. • How long does a construction permit last? A couple of years. • What is the estimated cost to the school? 20 Million • Where would the funds come from? Private sources • There are already two elementary schools in the area.Where do your students come from? 50%Hilo and 50%puna • Would students from the neighborhood have preference? Right now an enrollment form Is accepted and you are put on the wait list. • What are the conditions to get into Connections? If we have the space. • If you have a waitlist and Connections will be a community school,why don't you have - just community students? • Would the community have a say in what is taught at the school?The neighborhood should benefit,if it's in our neighborhood we should have a say. The focal School Board makes decisions.It is a collaboration based on our charter documents. We have a working relationship with CRDG and are a demonstration site;steel guitars are being made through the Makery program. 1784 Kaumana Community Meeting Connections Charter School June 3,2011 What measures will be taken that will assure the privacy of the community is maintained? Fence and-monitoring those on campus • Do you have the title to the property? We have been granted a 65 year lease.The Attorney General is working an the documentation. • if it is denied what will you do? agriculture projects • John lila,the architect,commented that we will work to make sure the land Is sustainable.The school will be 100 feet from the property line,and use of cisterns, catchment.The project will keep In line with the kinds of things that fit into the area. Raise the buildings off the ground to minimize the Impact on the land and ideas of that sort. • When will the first building be inhabited? 2013,2014 • Will the phases take longer? It depends on permitting.It could be up to 2017 and the ability to raise the funds. 0 Some residents who were within 500 feet of the proposed school property were not notified (M&manu area).Will you be notifying them next time? Yes we will. • When would you like to have the question of easement solved 7 Make some progress this summer. I can't give you my support unless I know that the easement(another entrance to property)is a high priority. We hope to have some questions answered by the end of summer. • There are 60 lots with one road to the subdlvision and to have a school at the beginning, the traffic and the quality of life will be seriously affected.WfraiTe real concern is the easement. 1785 Legend ProJeet tocatlon 9D0-foot Buyer F-1600"Buller TMK Pamele Agricukure Urbkn ��� %F{ i- ;x'�.'�.l„-SC.t�Y-4•�`�3��iis [qc�, `'�„ • * F 9 F - c., a.4 s"ee"d•'1, ,,w a $ +n 4tb t F r+ 'F .��' � t 4�""!yl't'l.iX' �ay.°1�„�fjs� �¢ h+'`r<`+�a sf�.�,''�-'��Ly '+e��T+^•a`�+��5� to-'€�a'y, � '^�. 3-r � � r t f'�"�;`'^�y4�� �:����Sdi'S�•yam v:v Kx����7 s 4,i _�'f��� �Y ,v4`���'�.�+ �+c��1�tY'r ' r r �t rrt !�•1 t1 �Y �a,w ci•iY` Q^ ^s4�tif`" h•cw fir{ft�i t�a i[ t"r�'{ '� x +�`'�' ��� i r:r'sr �Lt�S•, +yh 2� r l• R r v i;'t j.�r'*�J �r"�`•s�'iE`�:•- +S' i'>:t1,�Y�' � .r' V�.Ye:�a rLR' '` 'F;k���:�' a 4`,�.fu+". d� n •s _lk+,"�Y. SJ l'?er 4F r'-.V ��s�.. ;r '� �yb ^,. 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'i �.�'.'f,,r 1._ �` i�_.7 _ i^.s.;,,,} a 1�.X��'('{, +,!iy,��5vt'' ,�,ts 'S. .�.+MY- .- �,u i.�}r'a„ W+ v+•^•? , -1.y` �-. +.,' _' i” s 1786 Connections Public Charter ,School A Community, Business&Education Learning'Qhana Informational Dinner Night Presented By: Connections Future Visionary Association(CFVR) When: Thursday April 16th, 2009 r • Where: Connections Public Charter School (Kress Building) Entrance on K ,,h.eha A„e. 5.3 0pm- 7.3 0pm 5 :30pm Complimentary Dinner. 6:Oopm- 7:3Opm Meeting Why: New Facility Development "Kaumana Property” Guest Speakers: Wil Chee Planning and Development 174 Kamebameho Ave.,Hilo,Hawai'f -IPhoue 1-866-961-3664 FAX 1-808.961-2665 Email:cpcs@aloba.net 1787 Joel W Truesdell& Michael L Ignacio& Masaru Nagai& Elizabeth French Truesdell Claudia D Ignacio Nancy Nagai ?50 Kristiano St 1411 Mele Manu St 1035 Kaumana Dr 0-01 HI 96720 Hilo, HI 96720 Hilo, HI 96720 Robert J Santos& Jon P Totuuke& Carroll D Cling & Celeste G Santos Patti H Taira-Tokuuke Donnie Faye Cling 1540 Mete Manu St 1395 Male Manu St 1045 Kaumana Dr Hilo, HI 96720 Hilo, HI 96720 Hilo, HI 96720 Lee Michael Morita Wilson & Eric M Shozuya& Joseph Kaimi Papalimu& Adrianna Misae Mortia Wilson Barbara L Shozuya Kahiolani Juanita Papalimu 1536 Mele Manu St 1380 Male Manu St 1053 Kaumana Dr Hilo, HI 96720 Hilo, Hi 96720 ' Hilo, HI 96720 HIHL Melemanu LLC Norma R Fergerstrom& Larry L Kimura c/o Dana Kenny Arnold TR Fergerstrorn 243 Mikala St Hawaiian Island Homes Ltd 1065 Kaumana Dr .Hilo, Hf 96720 162 Kinooie St Ste 201 Hilo, Hl 96720 Hilo, HI 96720 Glenn Ogawa& Melvin H Yokota& Ronald Anthony Crivello& Gail H Kouchl-Ogawa Jan Yokota Loretta Alejandro Crivello 1495 Mete Manu St 1358 A Mete Manu St 1073 Kaumana Or Hilo, HI 96720 Hilo, HI 96720 Hilo, HI 96720 Il heal K/zak Bishop& Wayne K Kanemoto Trust& Mark M Sato& amela V Bishop Trust Amy Fmlko Kanemoto Trust Melissa A Sato Lee Ullani Botelho 1358 8 Mele Manu St PO Box 529 1485 Mele Manu St Hilo, Hl 96720 Kaneohe, Hl 96744 Hilo, HI 96720 Raymond Iwao Yamane Bryan Hiroaki Sugiyama f=amily Trust Arnold TR Fergerstrom 1473 Male Manu St 72 Palua Lp 1139 Kaumana Dr Hilo, HI 96720 Hilo, HI 96720 Hilo, HI 96720 Gary M Yamashita& John T Kimura TTEE& John Howard Rushlow Rochelle A Yamashita Gail K Kimura Trust 1147 Kaumana Dr 1457 Mele Manu St 1300 Mele Manu Hilo, HI 96720 Hilo, HI 96720 Hilo, HI 96720 Erwin Y fida& Kelly Leong & Julie C Y Lam-lida Alyson Y Kakugawa Trust Thomas S Spencer Trust 1110 Kaumana Dr 1449 Male Manu St 1290 Male Manu St Hilo, Hl 96720 Hilo, HI 96720 Hilo, HI 96720 ter C Sakamoto Trust County of Hawaii Aiko T Wilson& 439 Mele Manu St 25 Aupuni St Cyrus H Wilson Hilo, Hl 96720 Hilo, HI 96720 - 1090 A Kaumana Dr Hilo, HI 96720 1788 John G Caravalho Caravalho Family Trust Janey L A Ebesu Trust 1131 Kaumana Or 1253 Kaumana Or 1215 G Kaumana Or o, Hi 96720 -Hilo, H196720 Hilo, H196720 Correa Family Trust Edith S Mitsunaga Trust Edward K Hasegawa & clo Barbara Brickwood-Correa 1265 A Kaumana Or Caroline G C Hasegawa 1068 B Kaumana Dr. Hilo, HI 96720 250 N Judd St Hilo, Hi 96720 Honolulu, HI 96817 Christopher Graves liardenbrook& Fugie F Yamamoto Trust Catalina A Perez Leslie Eftabeth Sears clo Elsie Yamamoto CO-TfEE 1209 A Kaumana Dr 1013 Kaumana Or 1245 Kaumana Or Hilo, HI 96720 Hiro, HI 96720 Hilo, H196720 Theodore, Janet, &Craig Sasamura & Randal S Okutsu Trust Henry S Okuhara & Sandra Leong 1876 Hale 0 Kea St Norine N Okuhara 1023 Kaurnana Dr PO Box 945 Hilo, HI 96720 Hilo, Hi 96720 Hilo, HI 96720 Clifford K S Zane& Edith S Mitsunaga Trust Jason Philip Turner& Linda K O Zane Jennifer Sims Tumer 553 Hiilei Place 1285 B Kaumana Dr 1209 C Kaumana Or Wailuku, Hl 96793 Hilo, HI 96720 Hilo, HI 96720 10hias Walfrid Kusch Katsuko Otani Trust Kari K Tsuchiya PO Box 166 1215 Kaumana Or 823 Kaumana Or Pepeekeo, HI 96720 Hilo, HI 96720 Hilo, HI 98720 William J Phillips Jr& Paul P Paha& Drenna M Sweet-Phillips Jean S Otani Trust Shawn M Paiva 1036 Kaumana Or 1215 Kaumana Dr 1169 Kaumana Or Hilo, Hi 96720 Hilo, Hi1 96720 Hilo, HI 96720 Sharon Matsuyo Nakano& Dean K Ushijima& Owen Tadashi Nakano Else H Ushijima Garret T Komatsu 1005 Kaumana Or 1215 Kaumana Dr Apt C , HI 96720 Kaumana Dr Hilo Hilo, HI 96720 Hilo, HI 96720 Hilo, Steven James Hinck& Rodney Macy F Segawa & Tatsuo Inouye Trust& Krystyn Lee Hinck Susan Marie Sagawa June Inouye Trust 1058 Kaumana Or 1215 D Kaumana Dr 2230 Poepoe St Hilo, HI 96720 Hilo, HI 96720 Pearl City, Hi 96720 R Arruda Trust Royce T Ebesu Jr& Melvin H Goya Trust& 9 Kaumana Dr Jane L A Ebesu Kiyono Goya rust Hilo, Hl 96720 1215 G Kaumana Or 1170 Kaumana Dr Hilo, HI 96720 Hilo, HI 96720 1789 & Ellen Setsuko Ellen Etsuko, Dain M, Sean W Oblero& Glenn E Kearns Trust& Hiryarna,& Kimiko,Susan Setsuko, Tadayuki, &Wayne Kazuyuki Kitamura Henry J, Raquel K Rezentes Virginia V Kearns Trust 1367 Kaumana Dr 33 W I�aauao St 479 Kaumana Dr HI 96720 Hilo, HI 96720 Hilo, HI 96720 W, Frances Oldfield& Bryson Toma Albert W Chong& Rtchard Oldfield 1367 Kaurnana Or Sharon Ann Chong 1473 Kaumana Or -Hilo, HI 96720 1476 Kikaha St Hilo, HI 96720 Hilo, HI 96720 Jewels Anuenue Almeida& James R Shaver Mark Kalpo Almeida .561 Alihi Place 1027 Kagawa St Kat AI HI lace Pacific Palisades, CL 90272 . Brendan J Hennessey& Richard Lee-Ching Trust Melissa Ann Johnson 1447 Kaumana Or 1468 Kaumana Dr HHilo, HI 98720 Hilo, HI 96720 Chiseko Yoshimura& Bryon S Fujimoto& Gary K Yoshimura Shirley T (wase 1441 Kaumana Or 142 Puh'sli St Hilo, HI 96720 Hilo, HI 96720 avid A C Hasegawa Trust Francis Herbert Rodillas& g 250 N Judd St Martha Ann Rodillas 50 Alla Rd Honolulu, HI 96817 Hilo, HI 96720 Anne A Ttogangco& Karen Leiko Rubio& Jordan L Tiogangco Lloyd J Rubio 1391 Kaumana Dr 226 Akala Rd Hilo, HI 96720 Hilo, HI 96720 Calvin H Enok!Trust& Marc Butz& Sandra H Sayarna-Enoki Trust Desiree Giangregcdo 1381 Kaumana Or 55 Akala Rd Hilo, HI 96720 Hilo, HI 96720 Gorge M Kaltoku& Jeanie L Flood& Joyce H Kattoku Shawn G Flood 1375 Kaumana Or 1600 Kaumana Or Hilo, HI 96720 Hilo, HI 96720 tthew 1=Hinez Wallace 1=Chong Trust Box 4305 788 Haihai St Hilo, HI 96720 •Hilo, HI 96720 1791 3ryson T Kuwahara & Ryan T Kaneko& Dura T Chock Trust _orna T Kuwahara Aimee A Kaneko 1142 Kaumana Dr 1294 Kaumana Hilo, Nani Dr 196720 Hilo, HI 96720 ilo, H! 96672720 St Mary Jane, Manuel Jr, & Jan k Yokoyama Theone Keam Young Chock Manuel W Oiiveda 115D Kaumana Dr 1300 Kaumana Dr 1051 Haamaikal St Hilo, HI 86720 Hdo, HI 96720 Honolulu, HI 96817 Mlchiko Yahata Stanley K,Tammy L,Curds S, & Wes)ey T Takai& 98-459 Hoono St Minerva S Fujisawa Sandra Y Takai Pearl City, Hl 96782 1296 Kaumana Dr 1222 E Kaumana Dr Hilo, HI 96720 Hilo, HI 96720 David J Mattos& Lauri M Mattos Tsuruyo Nakamoto Trust Kerry Keith Long La LaBox 5699 1348 Kaumana Or PO Box 1481 Hilo,PO o 9699 Hilo, H! 96720 Hilo, HI 96720 Ezekiel Harvey Luiz Trust& John L Thatcher& Noreen Mai Luiz Trust James M Otani 1360 Kaumana Dr Pamela R Thatcher PO Box 116 1188 Kaumana Or Pepeekeo, HI 96783 Hilo, HI 96720 Hila, H1 96720 Qke H Nakamura& Russell Matsu & Lorrin S K Chock Trust& Sharyl S Nakamura Larraine H Matsu Naomi Takemoto-Chock Trust PO Box 294 1362 Kaumana Dr 1978 Komohana Ext CaPtian Cook, HI 96704 Hilo, HI 96720 Hilo, HI 96720 Paulette'A Robledo Trust Hiroshi/Shizoho Ota Trust Carole Y Abril& 1260 Kaumana Dr 6 Pokole Way Mark A Abril Hilo, HI 96720 Hilo, HI 96720 1222 B Kaumana Dr Hilo, HI 96720 Perreira Family 2008 Trust Site Engineering, Inc. Tara Kalelehuaokalailani Leao& 1266 Kaumana Dr c/o Masutani M K Doreen Kanani Lee Hilo, Hl 96720 Honolulu, HI 96817 1503 Kaumana Or Hilo, HI 96720 Leandro Quiocho Jr& Miyoko M Hoshida Wanda A Quiocho Ke))! Jennifer Leihua Tomota 1280 Kaumana Dr 1222 A Kaumana Dr 98 Kulaloa Rd Hilo, HI 96720 Hilo HI 96720 Hilo, HI 96720 'ime Shinjo& Kyle Chock`frust Noriaki, Fujie, Brad Hiro,&Max Niro een C Shinjo 9100 Launa St Otani&Shawn Morie Paiva 1272 Kaumana Dr 1489 Kaumana Dr Hilo, HI 96720 Hifo, HI 93720 Hilo, Hl 96720 17! _ ra-��--u r--"— ,,. ap sua� I �YyF�®AtidllV i:+ricu e�cdylii;I) l wry 1Ltaf►e'N►h►N► aP up wn4ppK%@ ralidaa T i , salad 9 sall3L sai�an61 _ Wesley R Segawa & Earnest A Sakamoto Trust Brice Hiroshi Takata& Phyllis E Segawa 1416 Pu'u Ale Place Christine Leiko Takata 19 Puuko St c/o 777 Ainako Ave to i[o, HI 96720 Hllo, lel 96720 Hilo, HI 98720 Kidds Development Chun Y Akamine Trust Mark Richard Chun& clo James Pappas,Treasure 1360-D Mele Manu St Marianne Yasuko Takam"rya 616 Moaniala St Hilo, HI 96720 250 Edit@ St Honolulu, HI 96821 Hilo, Hl 96720 Brilhante-Hawaii, Inc. Lorrin T Araujo& Markus Herzog 2010 Trust 1342 Kilauea Ave Margareta Araujo P.O. Box 5915 Hilo, Hi 96720 1358-D Mele Manu St Hilo, HI 96720 Hilo, HI 96720 Marilyn J Pappas Trust Aileen S Fuke& TR Mok 616 Moaniala St Sidney M Fuke 1464 Mete Manu Honolulu, HI 96821 1358 Mele Manu St,Apt C Hilo, HI 96720 Randell A Riley Douglas T Shiro Noemi L Arzaya& 282 Edita St 1360-C Mete Manu St Rudy D Arzaga Hilo, HI 96720 Hilo, HI 96720 1468 Mele Manu St Hilo, HI 96720 0oxann.e-Jo Cano Bataila Bevin tan Family Trust Daniel Robert Hudak 272 Edita St 1360 Mele Manu St#13 1488 Mele Manu St Hilo, Hl 96720 Hilo, HI 96720 Hilo, HI 96720 Lorna Y Yamashiro& Brenda M ISCamacho& Franklin D Vedato& Neil Yamashiro David W Camacho Jr. Virginia L Veriato 50 Manulele St 1414-A Mele Manu St. 1500 Mele Manu St Hilo, HI 96720 Hilo, HI 96720 Hilo, HI 96720 Alan Iwasaki S Nelson N Nishimoto& Gary Murai& Patsy Iwasaki Patty Kiyoko Omoto Jacqueline K Mural 232 Edita St 1414 Mete Manu St 299 A. Alu Rd Hilo, H196720 Hilo, HI 96720 Wailuku, HI 96793 Ivan S Mochida Trust Allen L Novak& Kip Masao Kanahele& 77 Kukila St Layne Y M Novak Valerie-Ann Leiko Kanahele Hilo, HI 96720 1414-C Mele Manu St 1520 Mese Manu St Hilo, HI 96720 Hilo, Hl 96720 %dM°erey Kalani Gomes& Elaine L H Ludoff& Brilhante-Hawaii, Inc. dy Keiko Gomes Steve K& Patricia J Wilhelm •1342 Kilauea Ave 281 Edita St 1416-C Mole Manu St Hila, H9 96720 Hilo, HI 96720 Hilo, HI 96724 wnahse�►��lswti+r 1USutl r „LLefip�dR.dod asodxa jaded Paad 69L5 aWl+lwaj&kaan1 1792 Daca anan, Melissa ,,, ,i+ curl ncuaPTLIFUT_ om: carol Zimmerman [czimr@yahoo.coml nt: Thursday, December 06,2012 9:20 AM planning@co.hawaii.hi.us 2012 DEC —4 AN 0 35 Subject: Connectlons-Kaumana commission meeting Attachments: Kaumana connections letter.odt;Connections.wps aloha Rachel le' here are 2 attachments for testimony for today, thanks, carol zimmerman 333-5838 N SCA ti'D Iii DEC*06 2012 1 �y: 08 2 574 1793 �'1.A�YJtfilG D�P���fia1:N� nu rr'v nF o.),IV I I 12-6-12 2012 DEC -4 Ali 11� 35 Windward Planning Commission Re: Connections at Kaumauna I understand that there are concerns about having a school in the Kaumana neighborhood. Fear is concommitant with change. But,we can not make decisions for the future of our children,the future leaders of this community,this country,based on fear. I want what every parent wants for her child: the best education possible. An education,where he is challenged on all levels—from creativity to critical-thinking. I want a school that is willing td go beyond just teaching for the"Test',for that is NOT an education. I want a school that he-looks forward to attending every day,because his innate desire for and love of learning is supported; -not snuffed outo:: : .• And, finally, it is very important that the school provides a safe environment--as that-is.essential for r, learning to occur. I believe,based on my personal experience with Connections PCS, as a parent of a 5`h grader there;that the Kaumana campus has the potential to provide all of the above in regards to education.::The,campus., site at Kaumana,will facilitate additional innovative programs in Agriculture,Energy and Environmental Design,and hands-on Business and Marketing experience, to name a few.: This sch000l•:can impact not a few,but,thousands of Hawaii's children. And,,ALL of the children:of Hawaii,DESERVE this kind of education. ..,; ►; •r: ' Maybe,someday,with this school as a model,we, as parents,Aunties,Uncles, Grandmoms and Grandpas,can give all of our children what they deserve—the best possible education-,the-brightest!• future. Please support the Kaumana campus site for Connections PCS. Thank you, Dr. Carol Zimmerman, DC,MAcOM, LAc 082574 1794 PLAV, DEPARTMENT 11-8-2012 m. 35 To:Windward Planning Commission Meeting of 11-9-2012 Re:Connections Public Charter School in Kaumana My work schedule does not allow me to attend this meeting in person and I thank you for the opportunity to express myself via writing. I am a parent of a child who attends Connections PCS. At considerable expense and sacrifice to my family, I have relocated part of my family to Hilo from Kau so that my son could have a better education. My family is separated during the week as my child and I rent a home in Hilo,and then,on the weekend we return to Kau where my son's father,my husband,remains to operate our ranch. There are at least 4 other children,that I know of, from other families,that also incurred the expense and family sacrifice of moving part of their families from Kau to Hilo during the week to go to Connections PCS. Other families recognize the need for and are willing to make these sacrifices for a better education. And I know of over a dozen more families from Kau that would seek better educational opportunities for their children too,if possible. There are many reasons why we chose to enroll our son in Connections PCS. Besides the obvious consideration for effective education,we chose Connections PCS so that our child could establish himself in a school that would eventually take him thm high school. Options for high school are extremely limited on this island. We want a safe place for our son and a school that puts education first.. Today,my son and his classmates are complementing their didactic education about US History,by learning about the legislative process first hand-he and his classmates are among the audience. Please support the Connections PCS in Kaumana so that the children of this island have a choice for a safe and better education. With a good education,my son will have a bright future and maybe,some day,even participate on a commission such as this,and make important decisions for the good of his community. Mahalo, Dr.Carol Zimmerman,DC,MAcOM,LAc X74 1795 From: Terence Yoshioka <tkyoshloka@hawaiiantel.net> Subject: Date: November 29, 201211 :57:22 PM HST Oral Statement in Opposition to Special Permit Application of Connections Charter School Applicant has attempted to create the illusion that the 70 acre property is the only suitable property for its school. -It has done so by making the following representations: [1 ] that it will develop an agricultural program for its students; [21 that that its agricultural program will require 20 acres of land; and [3] that the subject 70 acres is "uniquely suitable" for its program. But nowhere in its application has Applicant provided proof that an agricultural program is needed or wanted by its students. There is no basis, therefore, to assume that Applicant will actually develop such a program. And any conclusion based upon the presumption that the program will materialize is unsupportable. Furthermore, it is impossible to conclude that 20 acres is required for the program because no evidence has been presented to identify what agricultural uses or activities will be taking place, and the area required for each use and activity. Applicant's attempt toequate its need for ,Qa 1796 a based upon the 20 acre demonstration farm of the University of Hawaii at Hilo is unfounded. The fact that the University has a 20 acre farm does not mean that Applicant's program will require 20 acres. without some relevant basis for comparing the University's needs to. the Applicant's needs, any assumption that the Applicant requires 20 acres would be based upon pure speculation.. The Commission can, also, find, and I urge that it do so, that the property is NOT "uniquely suited" for Applicant's program. To be "unique", the property .must "exist as the only one, or "have no like or equal". This would mean that if the property's "D" or poor rated soil is "uniquely suited" for the program, then all other properties with better-rated "C", "B", and "A" soils would not be "uniquely suited" for the program. It goes without saying that this is illogical, incomprehensible and unbelievable. Applicant seeks to pressure the Commission into granting the Special Permit by creating the illusion that this property is indispensable to the school and its agricultural program. And in doing so, it hopes to divert attention away from the more weighty, relevant issues such as the increased traffic flow, the insufficient water supply , and, most importantly, the adverse impact that the project will have on -the adjacent landowners. These issues, and others, have already been adequately addressed by previous speakers and will not be repeated at this time. However, I urge the Commission to give serious 179 r h consideration to these issues which have been supported by credible evidence, Conversely, I urge you to disregard the unsubstantiated and misleading representations of the Applicant and .to deny its application for a Special Permit in the interest of sound- planning and the public welfare. Thank you for your kind attention. 1791 Connections Public Charter School A Community, Business &Education Leaning 'ohanu December 5,2012 Aloha Windward Planning Commission, Charter•schools have struggled with facilities issues,since their establishment in Hawaii in 2000, despite the fact that Article X of Hawaii's State Constitution clearly says,"Me State shall provid'e•for the establishment,support and control of a statewide system of public schools free from sectarian control, a state university,public libraries and such other educational institutions as may be deemed desirable,including physical facilities therefor." ACT 298 of the 2006 Legislature adopted many of the priority proposals developed by the Charter Schools']bask Force on cbarter school governance that was established by Act 87, Session Laws of Hawaii 2005. SECTION 22 says,"Public charter schools have great difficulty with leasing affordable land on which to locate schools due to prohibitive costs and zoning restrictions.As public schools and stage agencies, charter schools should have access to state-held lands and buildings and enjoy comparable rates and conditions as those afforded other state agencies.The purpose of this part is to encourage the State to enter into long-term leases of lands and buildings with charter schools for the location of school facilities." The new law also amended Chapter 171,Hawaii Revised Statutes,by adding a new section: "§171-95.5 Lease to public charter schools.Notwithstanding any limitations to the contrary,the board may lease to charter schools,at nominal consideration,by direct negotiation and without recourse to public auction,public lands and buildings under the control of the department Except as provided in this section,the terms and conditions of sections 171-33 and 171-36 shall apply.The lands and buildings leased under this section shall be used by the charter schools for educational purposes only. This section shall not apply to conversion charter schools." 1n 2007 Connections Public Charter School(OPCS)asked the Departrnent of Land and Natural Resources (DLNR)for a list of properties that could be utilized by CFCS for the construction of a new campus. DLNR sent a list of seven properties in Hilo.An analysis of the suitability of these sites was conducted by school officials utilizing guidelines established by the State Department of Education in their EducatWaal SpccMcadons for Schools documents.The preface contains the following message for users,"As a dynamic reflection of the culture in which we live,the specific educational needs of each community must continually change to meet the demands of the present and to support the projections of the future. So too must facilities for education—rather than being merely a shelter in which the elements of education are delivered and received,they now have become a complete educational tool, capable of supporting a wide variety of learning experiences for citizens of all ages, abilities, and needs." Site selection criteria in this guideline recommends a minimum usable acreage of °d a° mtg ..nf 1799 50 acres for high schools. It also suggests a length to width ratio of the site should not exceed 2.5 to 1. School officials also consulted the Hawaii County Code,the Hawaii County General Plan and a memo (Charter Schools and Land Use Re ations)outlining a compilation of county and state rales and regulations that charter schools in Hawaii County were required to follow.In §10.2.1 of the Hawaii County General Plan, charter schools are defined as public schools "responsible for selecting their own sites."The memo defines the applicability of State laws as,"Charter schools are exempt from state laws,except those relating to health and safety and a few other exceptions(Le.building,fire, and sanitation codes).The major effect of this exemption is that Charter Schools located in State Land Use Agricultural Districts do not have to obtain a Special Permit." Through the analysis of the properties sent to CPCS by the DLNR it was noted that two of the properties were zoned residential.The other five sites were in Kaumana and zoned agriculture. On August 28, 2007 CPCS informed DLNR of their interest in a Kaur ana property for the development of a future campus.An Approval in Principle of a Direct Lease to Connections New Century Public Charter School for School Purposes in Kauma.na, Hawaii,'rax Map Key: (3)2-5-6:141 was passed by the Board of Land and Natural Resources(BLNR)on March 28, 2008.The issuance of a Direct Lease to Connections New Century Public Charter School for School Purposes,Kaumana,Hawaii,Tax Map Key: (3)2-5-6:1.41 was approved unanimously by the BLNR on January 13, 2011 as submitted by board members Pacheco and Gon. The Hawaii State Constitation provides another reference highly relevant to the proposed new campus in Kaumana Article XI stresses the importance of agricultural land; "The State shall conserve and protect agricultural lands,promote diversified agriculture,increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands." CPCS proposes the conservation of half of the property.The entire section mauka of Edita St.will not be developed.A large section of the lower portion of the property will.horse=school programs promoting diversified agriculture and agricultural self-sufficiency.Much of the surrounding land is zoned agriculture.The first phase of the Pacific Plantations subdivision consists of about 60,one acre,agriculture zoned lots.These homes are off of Edita and Mele Manu Streets.The same developer owns over 290 acres of agriculture zoned lots in the surrounding area.Ten other potential development entities own over 2,000 acres.of agriculture zoned lots in the vicinity. Hawaii Electric Company owns 20 acres surrounded by these properties. A 2002 article written by Nathan Pohakea Roehrig for the University of HawaPi Law Review concluded, "Hawari is a state committed to conserving and protecting agricultural land This commitment is embodied in Article 11.,section 3 of the Hawaii State Constitution and H.R.S.Chapter 205,Hawaffs land use law.In spite of this commitment,urban type residential communities ate permitted piecemeal on agricultural land by county government,This practice is possible because H.R.S. Chapter 205 does not explicitly require that development be reviewed comprehensively and deferred to the LUC when appropriate.This practice is untenable under the spirit and intent of Article 11,section 3 of the Hawaii State Constitution and H.R.S.Chapter 205.An amendment to H.R.S. Chapter 205 requiring comprehensive review of a project's components, and deferral to the LUC when appropriate,is necessary to prevent further incidence of this type of inappropriate agricultural development. Such an amendment would be consonant with Article 11, section 3, H.R.S. Chapter 205, LUC decisions, circuit court decisions and Hawaii Supreme Court precedent." Hawaii County uses Community Development Plans (CDP)to "translate broad General Plan goals, policies,and standards into implementation actions as they apply to specific geographical regions AMML around the Island.CDPs are also intended to serve as a forum for community input into land-use, delivery of government services, and any other matters relating to the planning area" CDPs have been 1800 developed for Kona,Puna, North Kohala, South Kohala, Ka'u,Hamakua and Downtown Hilo.The Hawaii County Planning Department's website does not include a reference to a CDP developed for the parts of Hilo that fall outside of the downtown area_ The last CDP for Hilo was written in 1975.With Hawaii Island's population growing at the fastest pace of any area in the State,there is a dire need for guidance for the development of all of Hilo. The General Plan was updated in 2005.With no CDP to look to for guidance,the General Plan provides guidance.It says the following concerning use of State lands: 14.9.2 Goals (a)Utilize publicly owned lands in the best public interest and to the maximum benefit for the greatest number of people. (b)Acquire lands for public use to implement policies and programs contained in the General Plan. 14.9.3 Policies (a)Encourage uses of public lands that will satisfy specific public needs,such as housing,recreation, open space and education. The Puainako extension road opened up many areas for potential development of agricultural subdivisions.Will the residents of this island soon be seeing decisions regarding the development of this area made without the guidance of a CDP?The potential for favoritism is high when these kinds of important decisions are made by a polldcally appointed board.Are the issues being brought up to halt the development of Connections' new Kaumana campus only going to be centered around the"not in my backyard"neighbors living on one-acre agriculture lots?Or will the Windward Planning Commission follow the goals and policies specified in the General Plan? Aloha `ino 1 John Thatcher 1801 restimony of Ming Peng,MD Land Use Commission:" I live on Mele Manu St. I am still opposed to the proposed construction of Connections Charter School on Edita Street and would lite to follow up on testimony since the last meeting on November 9. As you have heard and read from testimony, there is overwhelming opposition within the community with no community support for this project. By Connections administrators own admission, this project has been planned for at least seven years. Therefore, they have had years to consider and develop plans that would not Impact the community, including access/roads and water usage. They have had attorneys and other professionals to help them along the way. For example, as Commissioner Gonzales astutely realized during the last meeting, the increase in traffic along Edna Street of up to 200 additional cars per day will be significant, such that alternatives should have been considered. Yet, this was not done. Connections administrators have had years to garner community support. I realize that the Land Use Commission suggested that the Community and Connections administrators continue to meet. However, there is a pattern of behavior(as testified by neighbors in the last meeting)that has resulted in a broken trust. This is a trust that is unlikely to be mended. There has been no testimony, no specifics given, from Connections administration as to how their use of the Land will, in fact, elevate and improve surrounding neighborhood. There has only been deflections and obfuscation from the administration. If approved, there will be no oversight during the construction of this school. Because the pattern of behavior has been lacking from the Connections administration, neighbors will be forced to wonder if regulations are being followed in an ethical and appropriate manner. Neighbors will feel forced in being the permit, land use, and ethics police. As the Windward Planning Commission, please hear the Kaumana community, who will be most impacted and the ones condemned to endure increase in traffic and utilization of resources by this project. Connections have had years to get "all the ducks In a row". They have not. Please deny the continuance and deny this project. The Kaumana Community should not have to make allowances for the Connections administrators poor planning. Thank you. Ming Peng, MD ` lye i II 180; Melvin°Yokota Mele Manu Street Hilo Hawaii Thank you for allowing me to present further observations. Attached for your information is a Letter from John Thatcher in the November 19, 2012 Connections Newsletter. In that letter, he writes about a skilled-nursing facility to be built at the bottom of Kaumana Drive. It will have approximately 50 full time and 3 part time employees per shift. He states that this amount of traffic "Will negatively impact the traffic on Kaumana Drivel" He adds "We need the Windward Planning Commission to hear the truth." The truth is: • Connections envisions a staff of 30 to 50 employees. This Is equivalent to the shift staffing of the skilled nursing facility. Therefore, Connections staff alone will also negatively impact the traffic on a larger portion of Kaumana Drive, • How does delivery of 400 students each morning not add to that negative impact? We in the Kaumana community are gratified that Mr.Thatcher agrees with what we have been saying all along. Mr.Thatcher's observation clearly contradicts the assertion in the Special Permit Application that the Kaumana Campus will have no significant traffic impact. The truth now appears to be that the Special Permit Application does not reflect Mr.Thatcher's true assessment of the Impact of the Kaumana Campus on the Kaumana community, Since Mr. Thatcher's observation is not consistent with the Special Permit Application,we believe that there is no justification for approval of the Special permit Application since it appears to contain contradictions. STA Y CO NECTED mak Ultimately our presence at the next hearing will make the biggest Impact.We are scheduled to appear Nowmberl9,21112 Volume 11#16 on December B at 12.00 pm. (174 Kamehameha Ave.Hilo,96720,phone 961-3664, The Windward Planning Commission meets in the gre%i awau.moom,www.connectlonschartemehool.oral Aupuni Center Conference Room at 101 Pauahi St. DATES TO REMEMBER Please consider attending. Invite your friends, Early Edition family and neighbors to join us.WE NEED Letter from John Thatcher EVERYONIiES HELP NOW1 Aloha Connections'families, On December 6 at 12:00 pm we are scheduled to appear before the Windward Planning Commission in our ongoing saga to secure land in Kaumana for the development of our new campus.Many of you have seen the"No Connections in Kaumana'signs and have asked how you can help with the struggle. There are many things we can all do.We really do need the help of everyone to overcome the negative light being cast on our school. For example,the neighbors are saying that traffic on Kaumana Dr,will become a major problem if we build our school. The CounWs traffic specialist testified that.traffic WOULD NOT be negatively impacted on Kaumana Dr.by our project. One of the angry Kaumana neighbors is actually a consultant for another project off of Kaumana Dr,that will be building a 100-bed skilled-nursing facility.The facility is expected to open by the end of 2013,and will directly employ 150 full- time employees and 10 part-time workers.It will operate 24 hours a day,7 days a week.There wlll be three work shifts,with each shift averaging around 50 em to ees. If you live in South Hilo,your representatives on the Commission are Stephen Ono and Wallace lah'rbashi.The representative from Puna is Dean Au.North HiloiHamakuNs representative is Ronald Gonzales.Kau is represented by Raylene Moses.If you know any of these people,please let them know that you are in favor of our project.They also need to hear that THEY are the WINDWARD PLANNING COMMISSION,not the KAUMANA PLANNING COMMISSION.We really need your written testimonies.They can be emailed to Mr.Boyd at: eric bovdRoonnectionsocs.om or given to any member of our staff.We will make copies of your testimony to submit to the Commissioners.If you have questions or concerns for me,please email me directly at john thatcher0connectionspcs.o[g or call the Kress office(961-3664)or our high school office (959-6037).Please also consider writing letters to the editor of the Hawaii Tribune-Herald. Submissions can be made online at- hgp.//hawaiitribune-herald.com/content4ettereditor. html cr emailed to letters@hawalitribuneheraid. 1804 To Windward Planning Commission, LIES Mario Patino wrote a letter to the editor in the Hawaii Tribune Herald titled School Controversy. In his letter he states,"No traffic data was ever presented at the meeting,by the school or concerned residents. When making claims, there should always be supporting evidence,right?" This is a public lie. Dr.Henry Lee Loy provided compelling evidence of traffic statistics and images of a recent accident Joy Mcleod gave factual evidence of traffic accidents for years 2011 and 2012 up till October. Phillip Rowell,who claims to have 40 years experience in traffic study but has a history of driving while intoxicated,gave questionable testimony of a survey he conducted in 2009 which he used to update his current traffic data from 2010. Phillip Rowell also claims in his 40 plus years of conducting trafflc studies he has never been able to get accident stats from the police department Mario Patino is a member of the Connections Public Charter School Local School board and obviously has no problem with putting false information in the local newspaper to try and sway public opinion in his favor. Heather Forbes McDaniels wrote a letter to the editor Hawaii Tribune Herald stating,"Commissioners heard from very few of the 100-plus supporters who attended,because time ran out." Mr.Zendo Kern clearly announced, "We have about 65 people signed up to testify, that's over three hours of testimony." Not only did everyone present get to testify, but there was time for Ted Hong to rebut factual statements with his lies. Heather Forbes MacDaniel is the Head of Connections Public Charter School Local School Board and has no problem writing false statements in the local newspaper to garner public support of her employer's pet project She also found it disturbing that people opposed to the project gave testimony she felt was not related to land use. Roman Kelley from Hakalau and other students from Connections gave testimony with no ties to land use and McDaniels is OK with that Ted Hong claims in his testimony to the Windward Land Use Commission,at the land board hearing,referring to the contractor and land clearing,he said,"These guys did it,they didn't have permission." The contractor Ted is referring to did in fact have a contract They had more than permission,they had a contract and Ted knows it but blatantly lies to the commission. (See DLNR charges) At the last Windward Land Use hearing Ted Hong questions, "So was this bulldozing legal? Yes it was." DLNR Land Board Hearing clearly charges Connections with"unauthorized bulldozing and land clearing"The fact that the fine was reduced from$5000.00 to$500.00 does not make the unauthorized bulldozing legal. 1805 (See Photo of completed fencing) At the end of the last Windward Land Use hearing, Ted Hong disputes Allen Novak's testimony that the project was completed stating, "The suggestion that we stopped it only after the project was done is misleading at hest." The fence is done in accordance with the contract signed by On The Line Fencing. Feel free to drive by the site on Edita Street and take a look. Aloha, Jeff Gomes STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Land Division Honolulu, Hawaii 96813 October 26, 2012 Board of Land and Natural Resources State of Hawaii Honolulu, Hawaii HAWAII Enforcement of Violation on Unencumbered Public Lands, Unauthorized Land Clearing, Construction of Perimeter Fence and Removal of Ohia Timber by Connections New Century Public Charter School, Kukuau, South Hilo, Hawaii:TMK(3)2-5-06:141 portion. PURPOSE: Enforcement of violation of Hawaii Administrative Rules relating to unencumbered public lands, unauthorized bulldozing and land clearing construction of perimeter fence and removal of ohla timber by the Connections New Century Public Charter School and/or agents acting on their behalf occurring on State unencumbered lands makai of Edita Street, Hilo, further Identified by tax map key 3rd/2-5-06:141 and shown as Exhiblt A. LEGAL REFERENCE: Section 171-6, Hawaii Revised Statutes, as amended Section 13-221-23, and 28, Hawaii Administrative Rules (HAR), as amended. BACKGROUND: On March 28, 2008 under agenda item D5, the Board of Land and Natural Resources approved in principle, the Issuance of a direct lease to the Connections New Century Public Charter School (Connections) for school purposes pending the finding of no significant Impact (FONSI) of their environmental assessment for the school site. Then, at its meeting of January 13, 2012 under agenda item D-4, the Board approved the direct lease to Connections for a period of sixty-five (65) years. There was no management right of entry agreement on either Board submittal and no authorization for the applicant to enter onto the State land prior to the lease document being fully executed. D-2 1807 C unectians Public Chaxtrr School L"School Board Minutes July 27„ 2009 Kress Building, 2nd Floor, 3:30 p.m. Call to Order: The meeting sues caned to order by Mrs.Mcnaniel at 1.39 p.m. Members Present: JobnThatrher,heather McDamd,Linda Peters,Damien IDrMello, Loretta Canto,hSche3e Zane-Faridi,SandyKd k-y,Kate Wines. Members Absent: K&bv.Bagm.a.,Lm*y oA4i GUeStS: Carol Gray,Fffika Boyd,FxkBoyd,U KrvKrs Appr-0Val8fAgenda: AdimTahm; W BAfiAo madeamwbnto approve the agenda with changes. Ms.rewn 9ecm ed the m rtim and it WIM appaswed with co"NUU . Approval of Minutes: Mr.Tbatcher wade a motion to table the approval of the 3nne 2, 2009 minutes untilthe neat meeting. lir.D Meda s€condedthe mo�thm and it was approved with consensus. d'°'=Tal-of Public Imput CaBdWees Slataffielt eft» w.Wroaesmade a =-van to Vpwr flm Pmhhc hqw Cinfmans Saammi draft,sddlsbngw. MEL Fiffleys=nded 011 wadm',.�.is.rAia wppwvm whh MMMON& L1�r1 ��reinoec� i is`St� iii a'as t i:i to v i.:�s�issrsi'Jee Xsiinjra from E 4e 0&yazono,Sheftey EbenmIq Sal FIPmole,Calvi um.y,Hem hkUatiK NamT "..D...... .-..A Mex-'0.....7 �..w..�i:....�_....a......�.�..7...a.i..............ai...1\:...,:..i:....t�..�:.�,.. Hifi. 111,�.wA.— s — L$A .'kt?l9 CGOSMSUS,WAh MS.PCIM5 ASt&WMg` PiibilkInpnt: :-Nghsaroa iw.I, 3asmren:tiXr;waivws�Itg w.C.PeS Crad=.;on Requirawenss,inmrder to Lea:taa d to graduaae Aum?AQ9: Same optionswe=re . 1:;Z W.Q "--=ija'-�Y+� & wolandaleuueSE IvaivelS rrxere. Mr. 1haW10-oEeredID me,ez syirl Iliw'rZ2Uxz-5@t Am" c 3sfoll of the xeguhamemu for graduation at CFC& !�- '.�. �__-_' '•- -_,w:=asi; _.«�__. �-�_ _�.T-l-rrY;-�-r.,y_ - ..,rte��.y.���_.f y!.-`:_.. � Tcr^,.�-�_.._ And--.& Gtaffl. 1808 Ted- Hong, "The sugges )n that we stopped it or after the project was done is misleading at best." This project is done and locked. r � Aolk Let's not forget the quote by John Thatcher Hawaii Tribune Herald. 1809 A 100 foot construction buffer overlaying Kaumana Cave is necessary to preserve biodiversity. Matthew J Medeiros,Ph.D. Department of Integrative Biology,University of California and Department of Entomology,Smithsonian Institute Francis G Howarth,Ph.D. Department of Entomology,B.P. Bishop Museum Kaumana Cave is one of the world's longest known caves,at over 2500 m long (Crawford 1983),and is a unique and valuable natural resource. Bulldozing, building structures,or keeping livestock within 100 feet of the land overlying Kaumana Cave would very likely create irreversible and permanent harm to cave organisms and the subterranean environment, Of these activities, the biggest threat to the cave environment is any activity that removes or harms 'ohi'a (Metrosideros polymorpha) trees. As Stone (1992)wrote,"Kaumana Cave has been colonized by at least 15 species of endemic cave invertebrates over its 110 year history. Survival of these species is dependent on the native'ohi'a/uluhe successional forest overlying it. Sections of the cave which do not have Metrosideros['ohi'a] roots,due to surface clearing,are virtually devoid of cave species." Several cave invertebrate species rely on live 'ohi'a roots growing through the surface of the cave to provide food and would quickly perish upon removal of trees from the surface. These include species native to Hawaiian caves,such as Oliarus planthoppers,Schrankia moths,Dimerogonus millipedes,and Caconemobius crickets (Howarth 1973;Hoch and Howarth 1993; Medeiros et al. 2009). Additionally, although some of these species might also be able to subsist off the roots of other tree species, Oliarus polyphemus planthoppers are host specific and can only eat 'ohi'a roots (F. Howarth,personal observations). Although some of these species have populations found in other Hawaii Island caves,at least-two (and possibly more) are endemic to Kaumana Cave: The population of Oliarus polyphemus living in Kaumana Cave has a unique mating call (Hoch and Howarth 1993) and is currently being described by Hoch et aL as its own species (manuscript in preparation). A second,Schrankia howarthi,is a moth species found in numerous caves,but the population in Kaumana Cave is genetically distinct from other populations (Medeires et al. 2009),and as such,appears to be in the process of evolving into a new,distinct species. Again,these are two examples of species that cannot survive without a healthy tree (and in the case of 0. polyphemus, 'ohi'a tree) population overlying the cave. As 'ohi'a trees send their °d a ftg by °d R d 9i Yr'RF L'6/ 1810 l roots deeper than other tree species,they are the single most important resource to protect on the surface,in order to ensure survival of cave organisms. To reiterate,we recommend a buffer of at least 100 feet in all directions from areas overlying Kaumana Cave. Maintaining such a buffer is the best way to preserve biodiversity unique to Kaumana Cave. Matthew J Medeiros&Francis G Howarth November 20, 2012 References Cited: Crawford,R. 1983. The world's longest lava tube caves.International Journal of Volcanospeleology, National Park Service.22(4):20-30. Hoch, H.,and Howarth,F. 1993. Evolutionary Dynamics of Behavioral Divergence among Populations of the Hawaiian Cave-dwelling Pianthopper Oliarus polyphemus (Homoptera: Fulgoroidea: Cixiidae).Pacific Science,47(4):303-318. Howarth,F. 1973.The cavernicolous fauna of Hawaiian lava tubes, 1.Introduction, Pacific Insects, 15:139-151. Medeiros, M., Davis, D., Howarth, F.,and Gillespie,R. 2009. Evolution of cave living in Hawaiian Schrankia (Lepidoptera: Noctuidae)with description of a remarkable new cave species, Zoological Journal of the Linnean Society,156:114-139. Stone, F. 1992. Puainako Road Extention Environmental Impact Study: Kaumana Cave: Appendix D. Okahara and Associates, Hilo, Hl. 1811 To Windward Planning Commission, We were never notified in accordance with HAIL Title 11. Aloha, Wendy Gomes 1812 a - HAWAII ADMINISRATIVE RULES TITLE 11 DEPARTMENT OF HEALTH CHAPTER 200 ENVIRONMENTAL IMPACT STATEMENT RULES Updated as ofApril2008 Subchapter 6 Determination of Significance 11-200-9 (a) For agency actions,except those actions exempt from the preparation of an environmental assessment pursuant to section 343-5,HRS,or section 11-200-8, the proposing agency shall: (6) Distribute,concurrently with the filing in paragraph (5),the draft environmental assessment to other agencies having jurisdiction or expertise as well 18' Cnnnwrtinns Pnblir Charter Crbnnl Local School Board Minutes July 27, 2009 Kress Building, 2nd Floor, 1:30 p.m. Call to Order: The meeting was called to order by Mrs.McDaniel at 1:39 p.m. Members Present: John Thatcher,Heather McDaniel,Linda Peters,Damien DeMello, Loretta Cantu,Michele Zane-Faridt Sandy Kelley,Kate Wines. Members Absent: Kaholo Daguman,Libby Oshiyama Guests: Carol Gray,Erika Boyd,Eric Boyd,U KrsKrs Approval of Agenda: Action Taken: Mr.DeMello made a motion to approve the agenda with changes. Ms.Peters seconded the motion and it was approved with consensus. Approval of Minutes: Mr.Thatcher made a motion to table the approval of the June 2, 2009 minutes until the next meeting. Mr.DeMello seconded the motion and it was approved with consensus. Approval of Public Input Conditions Statement Draft: Mrs.Wines made a motion to approve the Public Input Conditions Statement draft,with changes. Mrs.Kelley seconded the motion,and it was approved with consensus. Old Business: Discipline Policy Review Committee Recommendations: Discussion of input from Elsie Miyazono, Shelley Ebersole,BM Ebersole,Carol Gray,Heather McDaniel,Nancy DeRego,and Eric Boyd,regarding recommended changes to the Discipline Policy. Mr.Thatcher made a motion to approve the draft revision to the Discipline Policy,with some changes to the committee's recommendations. Mrs.Kelley seconded the motion,and it was approved with consensus,with Ms.Peters abstaining. Public Input: High School ie grade student U KrsKrs requested waivers to the CPCS Graduation Requirements,in order to be allowed to graduate in August,2009. Some options were discussed with hire that may enable him to complete the requirements,or to enroll in another high school and request waivers there. Mr.Thatcher offered to meet with him for further discussion of the requirements for graduation at CPCS. Correspondence & Communication: Mrs.McDaniel reported that she received two letters stating interest in serving on the Local School Board,from Carol Gray(teacher)and Renette Andrade(support staff). 1814 IW rs.:�cf wa sws.:rla#EcQ.rls�s'ss`ss•°i?�a�:sscsx!-ssass:Trrus�£.�e�scv�:}-..�dssra arc FnVhV mtenft la ce eriaenf ate if appM rmaybeableto begirt work on the lEabmamser prosty ig exit'2Dr with a gecEed SaaZ campkfimm date of 2azt. Tf as ab oan nppmtam3y fdt�pkat a 5cdrndfs"dost 3 CID �3r+�nvrr .,yre+ ft A•ri+I�rs�++s,,rir�« sr.. .x..,........r.._ o High Schur Repan: N,&wAher&%usaait 'E.`�.�+w�r.w.1` nsipra�+'.�3rra►ra+a�+ •arr_ s�—_ .r �.._�iravire__._.vt•---''•-- �iii's;ffi>r J Mm KrNmf mdmakted aHum=$wsssY'Ces Mery _ -4 eutfhzimo vermand Mr.Thakimr rtpwttd that oreraM budgetagacadow ret3ect budget carts fur Tote roma ium submkted a 3iA*f rhedcg wzbkn for ovn$1M. 73►ro7»rs AIERr►�rrm.�t+ n►wrr�..+4 _.- - o Operations Status: Mrs,Keuey reponed that FSP, rico.warkwas due aver the sr 'er to add auddi I'D thit mom,and`re#I orttd thatbr �'-�-�` s '_' ..�_moi�jm-il-.L 4— .-Ig �a�ti 3 a a m W&, m—AA* Wri;!`e` ae274gom Mrv;�faIl� rw�i'.w+ss+��rP�s�alnr7a tcF t:1aR:—i..css''r�F rr:c 11�am�a�� iterPe+died`Fraea fa�� ersrz+c�+ra ("Froummeat Pblk "� and a commiaaastiu giveptefere�1L%Wad ==d ase of xwEydedSnaterfais, sritb mesio-"heat 2= • •- �drua�33uTat� ��s..�Arymd�asnvt�ee#� t��et"ne�grr#f}e 'tel �!: ,s�4obarges, lYh: eecoadbd tbt�aairri and it sums . ." annrp�Fr�1 wish rrsric�,.-•s��c. .. . o Approxi of dal S#a femMtV..'Acdm Takmt-- lis_ t'me�m e a MAP- Asp 3mv*im.and if rwag Jnr�yrWith ra+naar�ara� Board M mber Commeitts: _W3Lje`th_t7 �•t�sr��e$#ux�u"3C.�#lh�339�a:fie ' '' ung rT�a'[�y, 3ady 3I,20^bybeMeL The Buaed wM sm ift hers and reit otf-xmrs.for 2009- nA4A� 1815 Action Taken: Mrs.McDaniel requested a motion to go into Executive Session to discuss communication regarding a complaint against personnel. Mrs Kelley made that motion at 3:30 p.m. M.Cantu seconded the Motion and it was approved with consensus. Executive Session: Acdon Taken: Mr.D04ello made a motion that the Board direct Mrs. McDaniel to respond in writing to a letter regarding a complaint against an employee,and to conduct a fact-finding effort to collect any other relevant information. Mrs.Wines seconded the motion and it was approved with cousensm. Action Taken: Mrs.Kelley made a motion to go out of Executive Session at 4:00. Mr.Thatcher seconded the motion and ft was approved with consensus. Operations Report • Administrator's Report Current Enrollment: Projected enrollment for 5Y 2009-2010 is 360. o Other Items: Records for graduates from the class of 2009 were missing documentation of the Leadership Requirement for graduation,and a 0.5 elective requirement for one of those students,due to inadequate record-keeping rather than those students'failure to fulfill those requirements. Mr.Thatcher expressed a commitment to improve record-keeping at the high school,and suggested that the Board may want to revisit the document for High School Graduation Requirements for possible revision. Action Taken: Mr.Thatcher made a motion to grant waivers to the Leadership Requirement for graduation for the class of 2009,and a waiver to the 0.5 elective credit for one of those students. Ms.Cantu seconded the motion,and it was approved with consensus. Five students in grade a were not passing classes due in a few missing assigame nts. This was not discussed with Administration until the end of the school year. Board discussion included the need for more timely commamication with Administration regarding the matter,and the need for much earlier intervention and discussion with students and parents(by mid-schoolyear)if retention is a possibility. Action Taken: Mr.Thatcher made a motion to promote those students to grade 9, with the condition that they complete all asslgmneTM. Mrs.Wines seconded the motion and it was passed with consensus. Recess: 4:15 to 4:22 Discussion of teachere portfolios included information about one teacher who did not submit a portfolio,and those teachers who did not meet the criteria for Highly Qualified Teacher status. Mr.Thatcher reported that all portfolios that were submitted were vastly improved over last year's. Discussed the need for a procedure for possible probation when staff are not in compliance with points in the Staff Guidelines,or directives from Administration. Facilities Update: Mr.Thatcher reported on a visit to a facility in Bellevue, Washington,that has LEED certification— c ilected pictures and a list of possible AARk vendors for building materi 1816 Amon Token. Mrs.McDaniel.rem a motion to ga.into Rreevve Session to disease . commudcatiou regal aR complaint;agates[pexw md. Mrs Ke&y made that motion at 3:38 pao. Ms.Caum seconded the mad=and it was app;sved with cmammmos. �:�ees��.��av �a�enerae at a�"sgta,empio and 69OMR&d a#ate- amouided the nttrdas apd h was approved with Acxion Tahm hlm Keley madea tanto go gat of Exemtive Semim,at 4cf. i3&. seconded the motion and it wm apprGved with camsmumv. OWafians Rgmrt • Admfidstratar's Report ,. . , M..Zftha ffladawp and a QS deative ��sine�sf ahoae�det�,dwe�►�degaate z+eaotnd-iueepiag rather thaw lease smdmtVfMum:m fi.40 those negmmemmm. W.'IUtdw cgmes-,&d a J��itmeartt tnc imprQ�e aeoeiae�iig at suraai,mom._ ik a mays Want ea revisit the dr aunc�*ice.e- ^o0 #9r pavat`bie zevisinn. . lAu dvn 7-dlMf!*3: .1��a•.a,i7:14�2�J�'E'TRS!W_ ?3?J3LFITl1 J.ii El• A�a4'�3FI'�!L�'•i%L8?Lim'Y#�i8??A��??x? ate'�ss.n��ii3'�,�{(jfuiuFu,1L2�"L'1�tltllF�6�7�/7�.Alll�liilM3Mi4l:T�dJii{1'.�..r7#BUC�31�C credh fo.r ang of these studeum A8.Canto seconded the;>$.ug dos}and it was Offfzx✓�csc-sir�vx� .:x�. Fist mc�bt a�gwe surf gg.cEasc��uesa�a fewnaik OSSIVe aft �3iFFFpJRR�FiT1;7tlT]I.iJJ�YJ Jt1Y.7YI.p[I'F'riT'•3fKF'AF`•h17iPYP 4NF013FiiiX11('i±f�Il?n 4t•�47k•F f�l'RiF!c+2Yr!EYJ!'Yi 3�3!�'.t��3i3St,ICiy'BIt�t��CC[i 3ill.�t'II ft1II�Ii 9IIi with gfid alk porms mid-Kheolgmr)F yeft"&w}5 a,pmm- with the.amndi&M drat lhayramm aMASSIgnmoltta_Mrs wiuesmmn&A the ■n..tien a�el st nzaa �.* ,. Ream: 413 to 4:21 m.waWon of teachers,'pott;gUo,i.nd e"iF fermatiott about erne tel eb"who,dd ' IIFF1.YriF1iFFFFR G�7F�F-E.arfFFF:�tFFPslttTiVC ECYC:If:FZ;VrfFF P[i1F FFRJ rfF¢LZ ;;rrtEF�F1'F'rY. R:rr--•.—=:�:x:r submitted were vas.dyJ impmveq$r 'Iasl,yenF'L tsserf en6ed fnr a rn I + »-1 !3 rwnm__gnMn-with nFgniain the P �.x ��!'�','ji3�"�.f i�E+�a�sw s��a+v!'3R'�'{•. !lA+� _ -Pacilitks Update. Mr.7hatche-, repertO ott ar.oisk to a< iM Belk •, :Yru'"lfiii�ivifj i.:iYrEii:rrfs�3T+i�E1:YY'iill(c7tTllbFflF3�iFifFlEciE"IF�i:E�6ii7c'��FiFYsf:SiY"F�}BDTitIF7iY r . - 4L� Ca svi r:LrE �it - .�ITFT,l has been madeHvmitahefs xekvanr.Vv *mvnt ag m—im Jff F;6m9t quer mCd or 1817 011 rk- 0 gaumanairoperty early 2011,with a projected final completion date of 2021. There is also an opportunity for a pilot"Green Schools"demonstration project'which would enable us to invite funders. o LSB Procedures & Background: No idiscnssion o High School Report: No further discussion Finance Committee Report: Ms.Peters referred to the LSB Finance Committee Report for June 2009. Mrs.Kelley submitted a Human Resources Monthly Report,outlining personnel budget allocations. Mr.Thatcher reported that overall budget allocations reflect budget cuts for State furloughs. The committee submitted a list of checks written for over$1000. Business Manager's Report o Operations Status: Mrs,Kelley reported that electrical wont was done over the summer to add outlets in the elementary classrooms,and reported that the air conditioning unit is in treed of replacement or repair,which could cost$50,000. She will continue to request additional bids for that,and tate repair of the 21 floor roof. Mrs,Kelley discussed the recommended revisions to the Financial Operations Manual,including an improved process for Purchase Orders procedures ('Procurement Policy"),and a commitment to give preference to local vendors and use of recycled materials, with attention to"best value". Action Taken: Mrs.Kelley made a motion to approve the revisions to the Financial Operations Manual,with changes. Mir.DeMello seconded the motion and It was approved with consensus. o Approval of Financial Statements: Action Taken: Mrs.Wines made a motion to approve the Financial Statements for June 2009. Mr.DeMello seconded the motion and it was approved with consensus. Npw Rtaginpr,s: Board Member Comments: o Mrs.McDaniel reported that two LSB role groups(teachers and support staff)will be selecting their representatives for SX 2009-2010 at the staff meeting on Friday, July 31,2009,by ballot. The Board will seat its members and elect officers far 2009- 2010 at the next meeting. Ip 18 fI �. Camerons Pabbc C%at7T School•.; iacal-Schootlioard•Minutes 7,2009 Knees Bulding,,2nd Floor, 1:30 p.m. . Call to Order: The ung was caged to order by mm Mcuanid at 1:39 pm Members Present: jaimnahchm, boaa:d,LkHU rer"T.,Damien n*ego, Loretta Camp,Mdm*PantFa=,Sandy Kdky,Kaft Wates. - Member'S,AbseiRt: kaholo Dago an,Libby Oshiyama Guests: Carol Gray,Etas Boyd,Enc Boyd,U KrsKrs Approval of Agenda: Action Taken: W.DrMeRe made a motion to Vprave the agenda with changes. Ms.Peters seconded the motion and it was approved with consensus. '-fppmvai'a#'Afimtes: 1 t.�e'rsYis�ie > sessable3 aPpr�al#the June 2, 2009 pi s s d tEeM ih . Mr.Dei. Ommmaded aherr e&nawd it was&ipcaved with mm's.'' Approval of Public input Caaditlons ct � �tF w �.r _,� motion to approve the Publw Input Cwmfdium Sun=cnEt'#"'..�y--cif cha-L-R—nm 7t s-q. the motion,and it was appi9aved with mmmamer. fljri Raazaraaaac- ' .' . . —•--�,..;��� _,�..:���.�'.�.��:_._ r�-iiwawi� rh 'i'':'.-�3'3';:�a:':. 3�>i4�. .i'-'�-_i'i.�al inp7�t from-Elie Miyarenoi V s Mei x'ard:rra%$mer Mfflana4 Nancy �.v....,. _.:.,A -----:....,......,. ,a........� ....a...n..::.t:....n��.. � aa..�.a...,. r_ _r +nt •- --r r coozoWee's reemmeaftUom IMS.&LdEey secvude d Me matteat and ft v-181-a pprsxed wsEtt ' iao�et�s,witb]Ifi�Frlers�ing, • + . .r"It"AdL. 011}-11!110_. -"JgI1-UMIM AA-1,14 lur?iAAHYIIf tl R[l4R3Iti iCA A►C i WW44t 3i rte t4m c+,cw Graduaem l:aqatvueuts,in order to be aflowed to grada&wm Augo st,2M. Sme optws come dgc®ssed w�bmz teat imay enais�e•�to coatpfete-tIte r`��1enFs,ar ta<error-� the its for w4a-tzagba at C' cg �+rc�re+oeanx�ta�arta �.-ra'1771,aYf1a7alTT.a3'11i7a7� ��,...�.�a�.:�•.r.7�..,:.�.:^«..a,�.....a...,......:.,..a+..... ___ .=_r�_- _ -�� �_ -- -------_-�a:�cazav_... .:m=.___«�_-r•_s._u ice__------=----_:_.._ • - 1111...... 1111 ..... .` .. 1111.. �.... ........ Aa33�Si��4IS�7�]Fa3i���- . Cnnnwrtinns Pnblir Charter Crbnnl Local School Board Minutes July 27, 2009 Kress Building, 2nd Floor, 1:30 p.m. Call to Order: The meeting was called to order by Mrs.McDaniel at 1:39 p.m. Members Present: John Thatcher,Heather McDaniel,Linda Peters,Damien DeMello, Loretta Cantu,Michele Zane-Faridt Sandy Kelley,Kate Wines. Members Absent: Kaholo Daguman,Libby Oshiyama Guests: Carol Gray,Erika Boyd,Eric Boyd,U KrsKrs Approval of Agenda: Action Taken: Mr.DeMello made a motion to approve the agenda with changes. Ms.Peters seconded the motion and it was approved with consensus. Approval of Minutes: Mr.Thatcher made a motion to table the approval of the June 2, 2009 minutes until the next meeting. Mr.DeMello seconded the motion and it was approved with consensus. Approval of Public Input Conditions Statement Draft: Mrs.Wines made a motion to approve the Public Input Conditions Statement draft,with changes. Mrs.Kelley seconded the motion,and it was approved with consensus. Old Business: Discipline Policy Review Committee Recommendations: Discussion of input from Elsie Miyazono, Shelley Ebersole,BM Ebersole,Carol Gray,Heather McDaniel,Nancy DeRego,and Eric Boyd,regarding recommended changes to the Discipline Policy. Mr.Thatcher made a motion to approve the draft revision to the Discipline Policy,with some changes to the committee's recommendations. Mrs.Kelley seconded the motion,and it was approved with consensus,with Ms.Peters abstaining. Public Input: High School ie grade student U KrsKrs requested waivers to the CPCS Graduation Requirements,in order to be allowed to graduate in August,2009. Some options were discussed with hire that may enable him to complete the requirements,or to enroll in another high school and request waivers there. Mr.Thatcher offered to meet with him for further discussion of the requirements for graduation at CPCS. Correspondence & Communication: Mrs.McDaniel reported that she received two letters stating interest in serving on the Local School Board,from Carol Gray(teacher)and Renette Andrade(support staff). 1814 IW rs.:�cf wa sws.:rla#EcQ.rls�s'ss`ss•°i?�a�:sscsx!-ssass:Trrus�£.�e�scv�:}-..�dssra arc FnVhV mtenft la ce eriaenf ate if appM rmaybeableto begirt work on the lEabmamser prosty ig exit'2Dr with a gecEed SaaZ campkfimm date of 2azt. Tf as ab oan nppmtam3y fdt�pkat a 5cdrndfs"dost 3 CID �3r+�nvrr .,yre+ ft A•ri+I�rs�++s,,rir�« sr.. .x..,........r.._ o High Schur Repan: N,&wAher&%usaait 'E.`�.�+w�r.w.1` nsipra�+'.�3rra►ra+a�+ •arr_ s�—_ .r �.._�iravire__._.vt•---''•-- �iii's;ffi>r J Mm KrNmf mdmakted aHum=$wsssY'Ces Mery _ -4 eutfhzimo vermand Mr.Thakimr rtpwttd that oreraM budgetagacadow ret3ect budget carts fur Tote roma ium submkted a 3iA*f rhedcg wzbkn for ovn$1M. 73►ro7»rs AIERr►�rrm.�t+ n►wrr�..+4 _.- - o Operations Status: Mrs,Keuey reponed that FSP, rico.warkwas due aver the sr 'er to add auddi I'D thit mom,and`re#I orttd thatbr �'-�-�` s '_' ..�_moi�jm-il-.L 4— .-Ig �a�ti 3 a a m W&, m—AA* Wri;!`e` ae274gom Mrv;�faIl� rw�i'.w+ss+��rP�s�alnr7a tcF t:1aR:—i..css''r�F rr:c 11�am�a�� iterPe+died`Fraea fa�� ersrz+c�+ra ("Froummeat Pblk "� and a commiaaastiu giveptefere�1L%Wad ==d ase of xwEydedSnaterfais, sritb mesio-"heat 2= • •- �drua�33uTat� ��s..�Arymd�asnvt�ee#� t��et"ne�grr#f}e 'tel �!: ,s�4obarges, lYh: eecoadbd tbt�aairri and it sums . ." annrp�Fr�1 wish rrsric�,.-•s��c. .. . o Approxi of dal S#a femMtV..'Acdm Takmt-- lis_ t'me�m e a MAP- Asp 3mv*im.and if rwag Jnr�yrWith ra+naar�ara� Board M mber Commeitts: _W3Lje`th_t7 �•t�sr��e$#ux�u"3C.�#lh�339�a:fie ' '' ung rT�a'[�y, 3ady 3I,20^bybeMeL The Buaed wM sm ift hers and reit otf-xmrs.for 2009- nA4A� 1815 Action Taken: Mrs.McDaniel requested a motion to go into Executive Session to discuss communication regarding a complaint against personnel. Mrs Kelley made that motion at 3:30 p.m. M.Cantu seconded the Motion and it was approved with consensus. Executive Session: Acdon Taken: Mr.D04ello made a motion that the Board direct Mrs. McDaniel to respond in writing to a letter regarding a complaint against an employee,and to conduct a fact-finding effort to collect any other relevant information. Mrs.Wines seconded the motion and it was approved with cousensm. Action Taken: Mrs.Kelley made a motion to go out of Executive Session at 4:00. Mr.Thatcher seconded the motion and ft was approved with consensus. Operations Report • Administrator's Report Current Enrollment: Projected enrollment for 5Y 2009-2010 is 360. o Other Items: Records for graduates from the class of 2009 were missing documentation of the Leadership Requirement for graduation,and a 0.5 elective requirement for one of those students,due to inadequate record-keeping rather than those students'failure to fulfill those requirements. Mr.Thatcher expressed a commitment to improve record-keeping at the high school,and suggested that the Board may want to revisit the document for High School Graduation Requirements for possible revision. Action Taken: Mr.Thatcher made a motion to grant waivers to the Leadership Requirement for graduation for the class of 2009,and a waiver to the 0.5 elective credit for one of those students. Ms.Cantu seconded the motion,and it was approved with consensus. Five students in grade a were not passing classes due in a few missing assigame nts. This was not discussed with Administration until the end of the school year. Board discussion included the need for more timely commamication with Administration regarding the matter,and the need for much earlier intervention and discussion with students and parents(by mid-schoolyear)if retention is a possibility. Action Taken: Mr.Thatcher made a motion to promote those students to grade 9, with the condition that they complete all asslgmneTM. Mrs.Wines seconded the motion and it was passed with consensus. Recess: 4:15 to 4:22 Discussion of teachere portfolios included information about one teacher who did not submit a portfolio,and those teachers who did not meet the criteria for Highly Qualified Teacher status. Mr.Thatcher reported that all portfolios that were submitted were vastly improved over last year's. Discussed the need for a procedure for possible probation when staff are not in compliance with points in the Staff Guidelines,or directives from Administration. Facilities Update: Mr.Thatcher reported on a visit to a facility in Bellevue, Washington,that has LEED certification— c ilected pictures and a list of possible AARk vendors for building materi 1816 Amon Token. Mrs.McDaniel.rem a motion to ga.into Rreevve Session to disease . commudcatiou regal aR complaint;agates[pexw md. Mrs Ke&y made that motion at 3:38 pao. Ms.Caum seconded the mad=and it was app;sved with cmammmos. �:�ees��.��av �a�enerae at a�"sgta,empio and 69OMR&d a#ate- amouided the nttrdas apd h was approved with Acxion Tahm hlm Keley madea tanto go gat of Exemtive Semim,at 4cf. i3&. seconded the motion and it wm apprGved with camsmumv. OWafians Rgmrt • Admfidstratar's Report ,. . , M..Zftha ffladawp and a QS deative ��sine�sf ahoae�det�,dwe�►�degaate z+eaotnd-iueepiag rather thaw lease smdmtVfMum:m fi.40 those negmmemmm. W.'IUtdw cgmes-,&d a J��itmeartt tnc imprQ�e aeoeiae�iig at suraai,mom._ ik a mays Want ea revisit the dr aunc�*ice.e- ^o0 #9r pavat`bie zevisinn. . lAu dvn 7-dlMf!*3: .1��a•.a,i7:14�2�J�'E'TRS!W_ ?3?J3LFITl1 J.ii El• A�a4'�3FI'�!L�'•i%L8?Lim'Y#�i8??A��??x? ate'�ss.n��ii3'�,�{(jfuiuFu,1L2�"L'1�tltllF�6�7�/7�.Alll�liilM3Mi4l:T�dJii{1'.�..r7#BUC�31�C credh fo.r ang of these studeum A8.Canto seconded the;>$.ug dos}and it was Offfzx✓�csc-sir�vx� .:x�. Fist mc�bt a�gwe surf gg.cEasc��uesa�a fewnaik OSSIVe aft �3iFFFpJRR�FiT1;7tlT]I.iJJ�YJ Jt1Y.7YI.p[I'F'riT'•3fKF'AF`•h17iPYP 4NF013FiiiX11('i±f�Il?n 4t•�47k•F f�l'RiF!c+2Yr!EYJ!'Yi 3�3!�'.t��3i3St,ICiy'BIt�t��CC[i 3ill.�t'II ft1II�Ii 9IIi with gfid alk porms mid-Kheolgmr)F yeft"&w}5 a,pmm- with the.amndi&M drat lhayramm aMASSIgnmoltta_Mrs wiuesmmn&A the ■n..tien a�el st nzaa �.* ,. Ream: 413 to 4:21 m.waWon of teachers,'pott;gUo,i.nd e"iF fermatiott about erne tel eb"who,dd ' IIFF1.YriF1iFFFFR G�7F�F-E.arfFFF:�tFFPslttTiVC ECYC:If:FZ;VrfFF P[i1F FFRJ rfF¢LZ ;;rrtEF�F1'F'rY. R:rr--•.—=:�:x:r submitted were vas.dyJ impmveq$r 'Iasl,yenF'L tsserf en6ed fnr a rn I + »-1 !3 rwnm__gnMn-with nFgniain the P �.x ��!'�','ji3�"�.f i�E+�a�sw s��a+v!'3R'�'{•. !lA+� _ -Pacilitks Update. Mr.7hatche-, repertO ott ar.oisk to a< iM Belk •, :Yru'"lfiii�ivifj i.:iYrEii:rrfs�3T+i�E1:YY'iill(c7tTllbFflF3�iFifFlEciE"IF�i:E�6ii7c'��FiFYsf:SiY"F�}BDTitIF7iY r . - 4L� Ca svi r:LrE �it - .�ITFT,l has been madeHvmitahefs xekvanr.Vv *mvnt ag m—im Jff F;6m9t quer mCd or 1817 011 rk- 0 gaumanairoperty early 2011,with a projected final completion date of 2021. There is also an opportunity for a pilot"Green Schools"demonstration project'which would enable us to invite funders. o LSB Procedures & Background: No idiscnssion o High School Report: No further discussion Finance Committee Report: Ms.Peters referred to the LSB Finance Committee Report for June 2009. Mrs.Kelley submitted a Human Resources Monthly Report,outlining personnel budget allocations. Mr.Thatcher reported that overall budget allocations reflect budget cuts for State furloughs. The committee submitted a list of checks written for over$1000. Business Manager's Report o Operations Status: Mrs,Kelley reported that electrical wont was done over the summer to add outlets in the elementary classrooms,and reported that the air conditioning unit is in treed of replacement or repair,which could cost$50,000. She will continue to request additional bids for that,and tate repair of the 21 floor roof. Mrs,Kelley discussed the recommended revisions to the Financial Operations Manual,including an improved process for Purchase Orders procedures ('Procurement Policy"),and a commitment to give preference to local vendors and use of recycled materials, with attention to"best value". Action Taken: Mrs.Kelley made a motion to approve the revisions to the Financial Operations Manual,with changes. Mir.DeMello seconded the motion and It was approved with consensus. o Approval of Financial Statements: Action Taken: Mrs.Wines made a motion to approve the Financial Statements for June 2009. Mr.DeMello seconded the motion and it was approved with consensus. Npw Rtaginpr,s: Board Member Comments: o Mrs.McDaniel reported that two LSB role groups(teachers and support staff)will be selecting their representatives for SX 2009-2010 at the staff meeting on Friday, July 31,2009,by ballot. The Board will seat its members and elect officers far 2009- 2010 at the next meeting. Ip 18 fI �. Camerons Pabbc C%at7T School•.; iacal-Schootlioard•Minutes 7,2009 Knees Bulding,,2nd Floor, 1:30 p.m. . Call to Order: The ung was caged to order by mm Mcuanid at 1:39 pm Members Present: jaimnahchm, boaa:d,LkHU rer"T.,Damien n*ego, Loretta Camp,Mdm*PantFa=,Sandy Kdky,Kaft Wates. - Member'S,AbseiRt: kaholo Dago an,Libby Oshiyama Guests: Carol Gray,Etas Boyd,Enc Boyd,U KrsKrs Approval of Agenda: Action Taken: W.DrMeRe made a motion to Vprave the agenda with changes. Ms.Peters seconded the motion and it was approved with consensus. '-fppmvai'a#'Afimtes: 1 t.�e'rsYis�ie > sessable3 aPpr�al#the June 2, 2009 pi s s d tEeM ih . Mr.Dei. Ommmaded aherr e&nawd it was&ipcaved with mm's.'' Approval of Public input Caaditlons ct � �tF w �.r _,� motion to approve the Publw Input Cwmfdium Sun=cnEt'#"'..�y--cif cha-L-R—nm 7t s-q. the motion,and it was appi9aved with mmmamer. fljri Raazaraaaac- ' .' . . —•--�,..;��� _,�..:���.�'.�.��:_._ r�-iiwawi� rh 'i'':'.-�3'3';:�a:':. 3�>i4�. .i'-'�-_i'i.�al inp7�t from-Elie Miyarenoi V s Mei x'ard:rra%$mer Mfflana4 Nancy �.v....,. _.:.,A -----:....,......,. ,a........� ....a...n..::.t:....n��.. � aa..�.a...,. r_ _r +nt •- --r r coozoWee's reemmeaftUom IMS.&LdEey secvude d Me matteat and ft v-181-a pprsxed wsEtt ' iao�et�s,witb]Ifi�Frlers�ing, • + . .r"It"AdL. 011}-11!110_. -"JgI1-UMIM AA-1,14 lur?iAAHYIIf tl R[l4R3Iti iCA A►C i WW44t 3i rte t4m c+,cw Graduaem l:aqatvueuts,in order to be aflowed to grada&wm Augo st,2M. Sme optws come dgc®ssed w�bmz teat imay enais�e•�to coatpfete-tIte r`��1enFs,ar ta<error-� the its for w4a-tzagba at C' cg �+rc�re+oeanx�ta�arta �.-ra'1771,aYf1a7alTT.a3'11i7a7� ��,...�.�a�.:�•.r.7�..,:.�.:^«..a,�.....a...,......:.,..a+..... ___ .=_r�_- _ -�� �_ -- -------_-�a:�cazav_... .:m=.___«�_-r•_s._u ice__------=----_:_.._ • - 1111...... 1111 ..... .` .. 1111.. �.... ........ Aa33�Si��4IS�7�]Fa3i���- . BE. ** THE MATCH Ke, ala (Pauline Kealoha) Lee Loy Employed at Kamehameha Schools and a former teacher with the DOE;,:' Ke'ala was recently diagnosed with t ` acute myeloid leukemia and needs a bone marrow transplant. Thousands of patients depend on the Be The Match Registry to find a donor who can give them the chance for a cure. Join us. save lives. ;ti alAaf�.��4 ar* tX;7� f+ s�-{e�✓�a4+�7 i ��i� �� '`sx1��y �iS � a''f.�L. �' ` SK 'lA`,■■�,« i- �f1 l'`P�t a'�k ����q/ f. 1 -i ay�: �SllI C�d�/ � L�i l l'u4�airC."r�O 1,2 rr !�'� ltd. r.5 {. _ n'•,t t 1+ r;ti^ f� s s ,s}>f•r '�}1n ''F1 • s y 9 �L OQ�am W. Z►t�'f�'P!n _ >4 SOk;Eas Pu; t is , Stt f 7: 1ro wz.� �2a. Y T+ air k 4 oi�r r '� d fog 1 e een ih PC.'C, 4, 1 by ii A Vii A ! 1 ' + ✓ RPL.f �on�lU�ar �_--. BeThel�atch.Org T iW3:APR 20-U R � � � sY � v 1820 Gbod morning members of the I, Award planning commission. l l on Mele Manu street. My name is Dr. Venry Lee Loy together with my wife Pauline Keala Kealoha Lee Loy we continue to IOo to the location of the proposed Connection charter school in Kaumana.My wife remains pitalized for acute leukemia in Honolulu and once again is unable to attend this public hearing. Let me recapitulate,as educators ourselves we strongly believe in the public school system. As graduates of{filo high school and 14onokaa high school we know the system works.Let me make this clear,we are not against the students of Connections public charter school. We object to the proposed location. At the last planning commission meeting Chairman Dean Au asked the applicant to reach out to the community.We have had no such communication from the applicant.This morning I read in the Hawaii Tribune Herald that Atty.Tong said they haven't been able to schedule a community meeting because of the lack of facilities at Kaumana elementary school. Interestingly,the Kaumauna elementary school cafeteria holds almost the exact number of people as the Aupuni toter conference room where this public hearing is being held today.Instead(am greatly concerned about the recent newspaper articles regarding the ethical conduct of the Vice Principal. Ude question the actions of their administration and leadership. Ude ask the Windward planning commission to reject the special permit application for Connections public charter school. #1 The intersection of Kaumana drive and Edita street is dangerous #2 There is only one entrance and exit for the proposed school #3 There is not enough water for 381 students and 50 faculty members The proposed septic system will find its way into the caves and sewage will flow into the groundwater and down into filo bay #5 Development will irreparably damage the fragile ecosystem of the caves and the Ohia fc—" 1821 watershed #6 Kaumana elementary school is only half a mile away from the proposed project #7 Ernest B.deSilva school is less than 2 miles away from the proposed project lWhe traf#io impact analysis report is obsolete.It was done over three and half years ago. It did not account for the increase in traffic as a result of future build outs and other developments around the area,i.e.Paciflo plantation It which has over 40 new lots,the new 14okulani subdivision, and the addition of the Hawaiian homes subdivision in upper Kaumana. #9 There is not enough room for the applicant to provide full witdth 50 foot right-of-way road On Edita Street with concrete curbs and sidewalks on both sides of the roadway from the school entrance up to and including the Kaumana Drive intersection # 10 Problems will 000ur with two separate school properties bifurcated by Edita Street. Cross vehicular and pedestrian traffic will occur.A crosswalk in the middle of the block will be dangerous. # I I Over 500 residents in Kaumana have signed the petition against the proposed project. 'f here is no community support. Very truig yours, i D�W'P- /YAJD V'U Henry Lee Loy M.D. 1822 To Windward Planning Commission, In April of 2012,by invitation from John Thatcher and his wife Pam Thatcher I visited the Connections School at the Kress Building. I met a teacher Mr.Jim Thorpe who appeared to be a very nice man working on something called the Makery Project. I loved what he was doing with lasers. I have a laser business. I explained to him that I am opposed to the school being built in Kaumana but that I would be more than willing to help him with his project. He emailed me and asked for help. I offered him what would have amounted to thousands of dollars in time and materials to assist him and his students. After my response I never heard from him again. Since then, John Thatcher sent Eric Boyd to scare my family by taking pictures of my home and turned the picture into a video that has been posted on the internet. The video targets my home and subliminally asks supporters to target me and my family for opposing the project. It's working? Thefts and vandalism are occurring. The latest correspondence I got from the school is this sick message on Face Book from John Thatcher accusing me of having something to do with a suicide that happened at the school. John and I are not friends on Face Book but he messaged me anyway. I respectfully ask for your intervention and relief from this madness. Please deny this project today in order to prevent escalation of the schools harassment to me and my family. I know this behavior will only lead to violence and fear for the welfare of my family. This is very poor behavior for any type of school. Aloha, Jeff Gomes 1823 GmaH -Customer contact message for wwr. ,aiibookmarks.com https.-//mail.google.cot. JI/u/0/?ui=2&iheft$7a92eI&view=pt&q... Howatt Baokmarlc<hawattuookmerk�gmelrcatra �frr�c Customer contact message for Www.hawallbookmarks.Com 3 messages blatharpeca@!gnA.com cblphofpaca@gmaLoam> Tue.May 1,2012 at 8:38 AM To,.hawaobook ma 4ftmatcom A vfskar t0 www.hawafbookmeAls,mm has Seri a message dough your tom Customer mMact Main customer oontect form Flret Name::WIffam Last Namec:Thorpe Emalt:bllllhorpeca@gmaloom Moble Phoma;We-840.5295 Cammerts::I met you at cormectlors Ptbfic Charter School on Saturday 428.rm the head teacher for the Makmy Propcl.We're Warasted in steAkg to harvest and tea the trees from the row praperlg VW would&e to#meet with you and disc ss wo rg with you You can caNatl me dlmdy or ttrotsh the sdrod at 951-3664.The supwAsor for the new sOnal arta is Eric Boyd and he can be readied drough the adhcol or at wic,boyd@omxctknwhaTtersdwd.org.Tha1c you for taking the tkne to Ink to us,we're WJed to work with some"wdh your krowtedge and enparlarkm Compery::Comadiam P#blr:Chwter School Neve➢Bookmark Tue,May 1,2012 at 11:18 AM Ta b'dftrpec3@gnO.com K ant, rr you was you may came by the shop rind week and I wotd be happy to show you hew to set up a ktn and m7 your wood. You are also watoome to take a Irak at my production and sea M Y Is something you may wart to teach the aften abet mwsdartuarg a product Aloha, (a and t.A hw.nl Jeff Ganes Owror Hawes Bookmark 1&175 Melekafwva Street 01 Kamm;h4 96749 WK(WB)950-5476 CEL(606)967-6488 vrww.hawiEbookm arka,rmm NawaB Bookmark thawmbookmark@#jma400rit> Wed,Mw 14,2012 of 1:29 AM To:metLJ.medelros@g a=m H5 Man, Back to Apra o4 tura yaw,I vhited cornecttona Pulft Charter Scrod it napes of ikdkg err mom about what they teedt I met BB Thorpe, His is nr.yhg the Makery"ad. hla teaches the dude its taxer work ar d crow 10 makel the products. I was very 6mpressed with ttb as f frmy bafshrs Bhet a0 duderta ehotld gad+ete with a buskssa tlmorw and same id¢a of hew to rum a amd buss ess,keep a balanced bw&a®ut,fib lams,buy a home,buy a car and a whols ht ofoLhe r l7e ski. I nn a laserbuLheav and clfered HB to stop by and brkg t6 dans by for a tar and possibly Irakft Tlis h err carrea{rornderhra. Urforluhdety,I tMc he was laid jam the enemy and he near fa9Vwed 9Tough wah the W& Ahola giuodd let Fwrtl 1 of l 12/6/2012 9: 1824 My name WeffreyGomes. This is a message I received frornJohnThatcher on Face Book. We are nottiiends on the site and t dki not have anycontact with hire prior to receiving this. Conversatlon started November 13 f - ❑9:38arn❑❑❑John ThatcherO[]Just wanted to let you know that yesterday one of our high school students committed suicide. i am in noway blaming any of you, I just wanted to let you know. Emotions are running very high right now.Your signs are not helping.Please share our sad news with yourfriends and family. 1825 i yFyz.'•' `R mac. �W e0.,.s,r.wr..y..r . . l�S ,; i!L ^F! i L• 0 Gomes family, crime free since buying this home in 1999 until November 2012. Since this video went online by direction of Ted Hong, John Thatcher and Connections Local School Board; 1 sign stolen , 4 newspapers stolen, 3 beer bottles found in rock garden, and I McDonalds bag of trash found in rock garden. Thank you William Eric Boyd and Connections Public Charter School. What a fine example you set for our community. 1826 RECORD OF VOTING WINDWARD PLANNING COMMISSION COUNTY OF HAWAII DATE: December 6.2012 APPLICANT: Connections/CRESS SPP 12-000138 ACTION: MOVED SECOND ca► D 1` 0 . APPROVE AS RECOMMENDED BY PLANNING DIRECTOR O APPROVE WITH AMENDMENTS O DENY Jf C R TD r�d ,' 1rl rPC� ONTINUE/DEFE O OTHERIREMARKS COMMISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT GONZALES,Ronald ISHIBASHI,Wallace MOSES,Raylene ,r- ONO,Stephen W AU,Dean(Chairman Pro Tem) WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT DECEMBER 6, 2012 A regularly advertised hearing on the application of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOLICBESS (SPP 12-138)was called to order at 12:44 p.m. in the County of Hawai'i, Aupuni Center Conference Room, 101 Pauahi Street,Hilo,Hawai'i,with Chairman Pro Tem Dean Au presiding. COMMISSIONERS PRESENT: Dean Au,Ronald Gonzales, Wallace Ishibashi, and Stephen Ono STAFF PRESENT: Ryan Kanakaole(Deputy Corporation Counsel),B. J.Leithead Todd (Planning Director),Daryn Arai(Planning Program Manager),Phyllis Fujimoto (Staff Planner),Maija Cottle (Staff Planner), Jeff Darrow (Staff Planner), and Sharon Nomura(Secretary) ABSENT AND EXCUSED: Raylene Moses And approximately 36 people from the public in attendance, APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/CBESS (SPP 12-138) Continued hearing on an application for a Special Permit to develop a K to 12 charter school campus with donn facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with KaGmana Drive and adjoining the Pacific Plantation Subdivision in Kaiimana, South Hilo, Hawai'i,TMK: 2-5-006:141. AU: Okay,we're on Item No. 5. Applicant: Connections New Century Public Charter School (SPP 12-138). Continued hearing on an application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edits Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo, Hawaii, TMK: 2-5-006:141. Staff presentation,please. DARROW: Thank you, Mr. Chairman. We're not going to do a long presentation as we did at our first meeting. Our Iast meeting was November 4, 2012 at which time the Planning Commission voted to continue the hearing to allow an opportunity to pursue an alternate access route from Puainako Street and also to submit water consumption estimate addressing the concern of an inadequate water supply by its next meeting, which is today. Additionally, we sent out another Ietter asking, encouraging the applicant to meet with the adjoining and surrounding community in hopes of addressing the concerns that were expressed at the last meeting. So, again, this is a continued hearing. I wanted to bring to your attention some submittals that have been submitted to the Planning Department since our Iast meeting. We have a letter dated November 21 S`, this was submitted by the 1 1828 applicant. It was addressed to the Department of Water Supply and it actually has the preliminary estimate of potable water consumption. So that is one of the items requested from the Planning Commission that has been submitted to the Department of Water supply. Additionally, there was a request to work on an alternate access through the south adjoining property. A meeting was held between Mr. Bill Brilhante, Sr.,the Planning Director, as well as the applicant, on December 5`h in regards to that issue. And if I could ask the Panning Director to just speak briefly about the meeting results. AU: Madam Director? LEITHEAD TODD: I'm sorry, l -7 DARROW: I was just asking if you could just briefly summarize our meeting that we had with the applicant and Mr. Brilhante regarding the alternate access. LEITHEAD TODD: Mr. Brilhante is in the process of applying for a subdivision which would lie between the applicant's property and the Puainako Extension. We don't have a final map yet. We're kind of in negotiations. But the reality is,is that there's no specific timeline on any subdivision that Mr. Brilhante would put in. And if anyone is familiar with subdivisions in, on this island,between the time that somebody applies for a map to designate how many lots they're going to put in and where the roads are going to be, it can be years before something is actually built. 1 live off of Wilder in a subdivision where there have been plans for, I think,the 900 acres makai of me going back to probably the 1970s or `80s. But I know that I first saw it on the Council agenda back in like 1993 when Brian De Lima was a Council Member, and we've been waiting. And I've been there since `89 and nothing has happened next door. So the reality is although the potential for connection to Puainako that could be accessed by Connections could be there in the future, the likelihood that it would be there in the near future or could be used as a primary access is highly speculative and probably cannot be a basis for a recommendation in terms of the actual application. if the application is going to proceed and be considered it has to be considered on the basis of access coming off of Edita and Kaumana as the primary. You know, and if in the future there's an opportunity to connect to Puainako that would be great. But it would be speculative because there's no timeline on when or if Mr. Brilhante would actually build his subdivision. AU: Okay,any questions for staff? DARROW: Mr. Chairman,I'm sorry, I still need to AU: Oh, okay. You're still doing your presentation? DARROW: Yeah. Sorry about that, yeah. Okay. So in regards to the request from the Planning Commission, we've received the water calculations that have been submitted to the Department of Water Supply. The applicant and the Planning Director and Mr. Brilhante have had a meeting. Additionally, the Planning Commission asked the applicant to make an effort to meet with the community. At this time, 2 M they haven't met with them. But if you could look at this packet that has been submitted to you, these larger colored packets,this is information regarding the previous public community meetings, I'm sorry,the previous community meetings, as well as one that they are scheduling on December 17, 2012. And so that information is right at the beginning of this packet. So that's the third item that was requested by the Planning Commission. Along with these items the Planning Department has received letters of support, as well as this morning we've received additional letters. I haven't had a chance to go through them,but they have been passed out to the Planning Commission. Lastly, we've received two letters from the applicant, one dated November I e, and the second one dated December 5, 2012. The applicant is requesting a continuance of this hearing matter. He has the reasons for their continuance on the December 5`h letter. It goes into the matter that the Planning Director spoke about earlier regarding representation from the Attorney General's Office. And with that,that concludes our presentation. Are there any questions? AU: Any questions for staff? ONO: I'm not very good at geo -. AU: Microphone, Commissioner Ono, ONO: Oh,I'm sorry. Would you kind of orient me on the map again. DARROW: Sure. Okay, our subject property is identified with two black outlines. The property is actually cut in half by Edita Street. Just for reference going through the middle of the map,we have Kaumana Drive, the white line. As well as on the lower portion of the map,we have Puainako Street. So this property falls in between these two main streets. Again,we have Edita,which would be considered the primary access for the Kaumana, the Connections School. At this time,it appears that the majority of structures would be located on the,what we consider the lower portion of the school. The only thing that is proposed on the upper parcel is an elevated walkway that would be at least 100 feet away from Kaumana Cave,which runs underneath a portion of the subject property. The different colors on the map represents zonings. The subject property is zoned Agriculture 1-acre. The darker yellow and the lighter yellow represent Residential zoning. The blue and the darker green:represent Agricultural zoning as well. ONO: Excuse me. And the light green, is that the-? I'm really poor at judging. DARROW: No problem. This area here, the subject property is light green,which is Agriculture 1-acre. ONO: And that's what they're using-? DARROW: Correct. AU: Okay,Thank you. DARROW: Thank you. 3 1830 AU: Okay,now we'll go into a brief applicant presentation. So I think you guys are all sworn in. Maybe just you two -? HONG: No,just the last -. AU: Yeah, could you raise your hand. Do you affirm to tell the truth in front of the Windward Planning Commission today? TESTIFIERS: Yes. AU: Okay, thank you. So,Mr.Hong,go ahead. HONG: Thank you,Mr. Chairman. Just so for everybody's introduction, the gentleman wearing the blue shirt, aloha shirt,is John Thatcher,principal. of Connections Charter School. Celia Shen is the far -fright, right. So I'm going to start again, you know, consistent with my theme this morning of starting with a song, I'm going to quote Jimmy Hendrick's version of"All Along The Watch Tower," "So let us not talk falsely now,the hour is getting late." We are here this morning asking for a continuance for two reasons. One are, the three conditions that were previously asked of us: We've provided the water calculations,consumption calculations. Two, we've actually had two meetings with Mr. Brilhante; one with the Planning Director, one with Sue Lee Loy who met with Mr. Brilhante personally prior to that meeting. And the third meeting with the community we have scheduled it, we had problems hying to get Kaumana Elementary School cafeteria because it was not available. We scheduled it for the 17`h . One of the things that we wanted to bring to the Commission's attention is that we are willing to hire a facilitator, and actually trying to hire a facilitator to conduct the meeting instead of us doing it ourselves at our own cost. And unfortunately we just couldn't schedule that before today's meeting. The second major reason and the reason we are asking for the courtesy of continuing this particular hearing is after today the Atty. Gen.'s office will be representing Connections Charter School. They're concerned about the issues of land use and the appropriate uses for agricultural zoned areas. They've consulted with Mr.John Thatcher and are concerned about some of the issues that were brought up. So at that point, after today fortunately you don't have to hear me quoting corny songs. But you will be addressing, and the Attorney General will be representing Connections Charter School. I will have no further participation with Connections,unfortunately. But it is a great project. I anticipate testifying on my own. But we would ask for the courtesy of an extension or continuance to allow the Attorney General to appear personally on behalf of Connections Charter School. I would note that the Deputy Attorney General Monica Morris could not be here this afternoon because she had a previously scheduled deposition on another issue, in another litigation matter, that she could not break away from. Thank you AU: Okay, so would anybody else like to speak for the applicant? Can you state your naine,where you reside, and you may begin. 4 1831 THATCHER: My name is John Thatcher. I reside in Kaumana. I just want to touch on a couple of things on my testimony,my three page of testimony. I don't want to go through the whole thing. But earlier today Mr. Hirakami talked about the issue of charter school facilities. So we have been a charter school since 2000. And we do not receive any money from the state to build facilities. This is despite an Article X of the Hawaii State Constitution that says"The State shall provide for the establishment,support and control of a statewide system of public schools free from sectarian control, a state university,public libraries and such other educational institutions as may be deemed desirable, including physical facilities therefor." So this is an issue for all charter schools. That is why you're seeing charter schools having to come to you with facility issues. Our school has been working since 2007 to try to secure this land and get the permits needed, do all the studies. We have informed the community since 2008,when we were first granted the provisional lease of the land by the Board of Land and Natural Resources. And this came about, our ability to work with the Board of Land and Natural Resources,because a law was passed in 2006, I believe it could have been 2007,that allowed for the Board of Land and Natural Resources to take State land and give it to charter schools to use for their facilities. So this was the State's way of trying to help the charter schools without really spending a lot of money on facilities. We understand the position of the state. We are not opposed to not having facilities built for us like our, are built for other public schools. When we first decided on,when we were first looking at the lots that were given to us in 2007 we looked at the educational specifications for school documents that were put out by the State Department of Education. One of the findings there,one of the suggestions there is if the school had a high school campus that it should be 50 acres or less, or 50 acres or more. It also had other specifications. They had three documents actually- one for elementary, one for middle schools, one for secondary schools. We looked at the properties that were sent to us by the Department of Land and Natural Resources;and of the seven properties that they gave us to look at, two were in residential areas and five were in Kaumana, and they were zoned Agriculture. Now in 2007 when we started looking at this, we also looked at County regulations. And we looked at the County plan and the General Plant because there was no CDP, or there it is no CDP that I believe is current now. The last one for Hilo proper was developed in 1975, There is a CDP for a Downtown Hilo,but there is not one since 1975; and I don't believe that that one actually applies nowadays. But in the General Plan it did say that,it mentioned charter schools. And it said that charter schools are responsible for selecting their own sites. We also looked at a memo that came from,I think it came frorn Planning. The memo defined the applicability of State laws; and it said"Charter schools are exempt from state laws,except those relating to health and safety and a few other exceptions(i.e. building,fire; and sanitation codes). The major effect of this exemption is that charter schools located in State Land Use Agricultural districts do not have to obtain a Special Permit." Now I understand that there have been changes, there have been court cases that have dealt with this. We did not intend to proceed with that guidance after the court cases. We had no intention of trying to bypass the County special use permit. Another issue that I think is relevant here, and when we looked at the properties,we did look for agriculturally zoned properties. So the five that were in Kaumana,the only one that was bigger than 50 acres is the one that we have obtained the long-term lease on. The others were smaller,they were more landlocked. One had utility lines running through it, and they would have been much-more 5 1832 difficult to develop. So we chose that one. And I think part of the reason we chose it was because our school has always had a focus on sustainable industries. We want our students to be able to get an education that will allow them, if they choose,to find a job on the Big Island, or at least in the State of Hawaii. So this is important to us because the Constitution again makes a point for agriculture land and the preservation of agricultural land. Article XI says"The State shall conserve and protect agricultural lands,promote diversified agriculture,increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands." For us, it was very important that we are able to do something that we wanted to do from the beginning. We've only be able to do it on a limited basis; and that's to develop a strong agricultural program at our school. So this site was, looked like a good site when we looked at it. All of the surrounding, or most of the surrounding neighbors were in agriculturally zoned houses. So when people in Pacific Plantations first bought their houses, they knew that they were buying homes on 1-acre agriculturally zoned lots. In looking at the map for the area, you'll see that there are a lot of agricultural lands in the area. In fact, as you go up Kaumana Drive, or out the new Puainako Extension, there are over 2,000 acres of land that is zoned Agriculture. And the land is also, if you look at County documents, you'll see that the majority of thavarea is also deemed for future urban expansion. And so as a school, we saw two things. We saw that there's a lot of agriculture land, we saw that the majority of the neighbors were on agricultural lots; and we did not feel that that would be a problem. If you look at the zoning issues between the State and the County, over the years, I would reference Nathan Pohakea Roehrig's article in 2002 in the University of Hawaii Law Review; and I'm not going to read all of that. But he did make a case for preserving agriculture land and not taking large agricultural lots, subdividing them out into smaller lots which are not even used for agriculture. So I think this is an important document to look at and I reference it in here. I also want to point out that the General Plan that was updated in 2005,and I'm not sure if it has been updated since then,but it does -. With no CDP to look at to give you guidance, I think you have to fall back to the General Plan. If you look in the General Plan in Section 14.9.2,the goals, two of the goals that are talking about State land say"Utilize publicly owned lands in the best public interest and to the maximum benefit for the greatest number of people, acquire lands for public use to implement policies and programs contained in the General Plan." And one of the policies, 14.9.3 says "Encourage uses of public lands that will satisfy specific public needs, such as housing,recreation, open space and education." In our mind,this makes it clear that this Planning Commission needs to look at the use of this land that will impact the greatest number of people. Now I understand that there are neighbors that have done petitions in Kaumana and I've heard a number of 500 signatures mentioned. Okay, so if we say here's 500 opposed to the school, our population at our school is 360 students, about 60 staff members, and probably at least 200 other family members that are impacted by our school directly. If you look at the area that we service, charter schools are not defined by a single geographic location. Our school draws students from as far away as Pahoa in that direction, to Keaau, from Keaau up through Volcano. And we have two families now that live in Naalehu that are actually coming into Hilo and renting a house in Hilo so their children can attend our school. We have students from throughout the Hilo area, including Kaumana; and we have students as far away up to the north as Laupahoehoe. So I'm asking you to consider that 6 1833 this is a large area and a large population that is potentially impacted by our school and the programs that we're trying to provide. And I believe that a number of these people appreciate the choice on the Big Island of what programs they can go to,whether it be a traditional public school or a public charter school. And I believe that their voices perhaps are being overlooked when we look at the voices of a few. Thank you. HONG: Mr. Chair,just in conclusion, I know Mr. Thatcher felt strongly about snaking sure that the record was clear; and I agreed with him. But, again,the only decision that we're asking before the Commission this afternoon is to continue this to allow the Attorney General the opportunity to represent Connections. And I would note that it's a welcomed opportunity because I think this is actually unprecedented where now the Attorney General is going to step into this issue of potential land use. So I would urge the Commission to allow them the opportunity to adequately represent Connections Schools,hopefully at the next hearing. Thank you. AU: Thank you, Mr. Hong. Would you like to say a few words, would you like to say something? S. LEE LOY: No. AU: Okay,very good. Okay,well,that concludes the presentation by the applicant. We have,we currently have 12 people signed up to testify. I'll bring you guys up in groups of five. Okay, so it's a reminder now, you know,we may have heard a lot of you testify the last time and, you know, Just please keep it brief and get the point. You have three minutes to testify. So I have Eden Patino, Allen Novak, Melvin Yoko YOKOTA: Yokota. AU: Yokota,Layne Novak, and Dr.Henry Lee Loy. So five of you can come up and I'll swear you in. Okay, can you please raise your right hand. Do you swear to tell the truth in front of the Planning Commission today? TESTIFIERS: I dor Yes. AU: Thank you. We'll start off with Eden Patino. Please your state your name,and where you reside, and you have three minutes. PATINO: My name is Eden Patino. I live in the Kaumana area. I wanted to say good afternoon, and thank you for giving us an opportunity to come and listen to us. On behalf of the Connections Parents/Teachers/Students Ohana,our PTSO,I am their president, and I wanted to ask you to approve the special permit in consideration to build our school at the Kaumana area,mainly because the students are our leaders and they deserve to have one school. It is difficult right now to have the Kress Building and the Nani Mau campuses in two different areas for the school. We just ask that we be in one location and that be the Kaumana area. Pretty much it's just look at the whole picture,look at the keikis. They're the ones that are the most important part of this process. It's not,I mean I know everyone has their opinions and there are the traffic concerns and the water concerns; but this is manageable. 7 1834 For us,my biggest concern as a parent is having a tsunami hit the Kress Building and not having my keiki out in time. It's one of my biggest concerns. That has always been my concern since Day I. So 1 just ask that you look at the consideration of the Kaumana area and just make it a safe place for our children. And pretty much that's ail I have to say-It's a simple request for the Holidays,"Dear Santa, all I want to Christmas is our school to be built." Thank you. AU: Thank you. Any questions for the testifier? Okay, we'll move on to Allen Novak. A. NOVAK: Yes,thank you. I'm Allen Novak. I have lived on Mele Manu Street going on I9 years now. And today I would just like to request that the Commission deny the special use permit request today. 1 feel that the issue I wish to address isn't the program of the charter public school, I have no qualms about what they're doing for the students. And I think a lot of the testimony they have givers you about the quality of their program is valid. However, I feel that the location that they have chosen is inappropriate; and I feel that for a number of reasons. One is that in selection of the location that's before you, they had mentioned that they looked at seven different sites. They have also in the public meetings mentioned that the majority of their students come from the Puna area. The sites that they considered for building the school were not in the Puna area. Those were not a consideration. Makes one wonder if the fact that the principal John Thatcher's home is within walking distance of the current proposed location was a factor in selecting that over a location that would be more convenient to the community where the majority of students reside. Another factor continues to be the infrastructure. We know that water supply is questionable. The 8" main that supplies the entire neighborhood, there's a question about whether or not that's going to be adequate and still hasn't been addressed. Sewage disposal,there is no piped sewage. It would be cesspool or leach field for this fairly large quantity of staffs, students and faculty; and we do have the Kaumana Cave extensions directly in this area. So how well the sewage affects those factors-. DARROW: One minute. A.NOVAK: But the biggest concern probably continues to be the traffic. We've learned today that access from Puainako Extension is not feasible. That means that the access for all 385 students, faculty,staff and visitors is going to be going up Kaumana Drive,down that little narrow two-lane Edita Street,and entering that school from that one area in a very short period of time in the morning and exiting in the evening. That has not been mitigated. On the requirement of meeting with the community,I'm here to testify that I have received no notification of any planned meeting with Connections as of today, In fact,Ted Hong's mentioning earlier,today is the first that I heard of any meeting. AU: Okay,thank you very much. Any questions for the testifier? ONO: Yes. AU: Okay,Mr. Ono, Commissioner Ono. 8 1835 ONO: You mentioned a great portion of the student population will be coming from Pahoa or that area. And yet the, I guess my concern here is do you know if there were any properties offered to them in terms of developing a campus in that area? A.NOVAK: No. I'm not familiar with what they requested, what they provided, and what they considered. All that I know is what they're told us at the public meetings. ONO: Yes. So,but your comment about moving the campus to an area that's more suitable to the student population is a suggestion. You don't have any facts to move the campus to the Puna area? A.NOVAK: I think in the environmental impact study they did mention sites that were considered. ONO: Not Puna? A.NOVAK: Yeah, and they were not in the Puna area. So what I'm saying is they didn't look to see if there was a suitable location closer to where the majority of their students reside. ONO: Okay, thank you. AU: Any more questions for the testifier? Okay, moving on to Melvin Yokota,Yokota. YOKOTA: Yeah, I've been a resident of Pacific Plantations for 21 years. And my concern continues to be the increased traffic on Kaumana Drive. In a recent letter to parents Mr.Thatcher pointed out an example of the skilled-nursing facility that is scheduled to be built on the lower end of Kaumana, and he points out that that facility will have approximately 50 full time employees coming to that facility per shift. From the numbers that they have given us as to the population of their campus,they envision a staff of about 30 to 60 employees, plus approximately 400 students. Now in talking about the skilled-nursing facility,I&.Thatcher stated that that facility"Will negatively impact the traffic on Kaumana Drive!" So by comparison,just his school staff without the students will also negatively impact traffic on Kaumana Drive. Unfortunately their staff and student traffic will affect a greater amount of Kaumana Drive than the skilled-nursing facility. Since he says that it will negatively impact traffic,it appears to be in contradiction to what's stated in their special permit application where they previously said that there will be no significant impacts from traffic. And -. DARROW: One minute. YOKOTA: Yeah. I'm not sure how you resolve that discrepancy between what he's saying now and what's in the special permit application. Thank you. AU: Any questions for the application, I mean, sorry, for the testifier? I have a question. Have you been notified about this upcoming meeting? YOKOTA: No. 9 �8: AU: Okay. Have you attended any meetings? YOKOTA: I have attended meetings in the past. AU: Okay,okay. Any more questions? LEITHEAD TODD: Mr. Chair, I just want to make a note that the date of the letter that is going out to the community is dated December 51h. 5o since today is the 6'', I suspect that the reason that they haven't gotten it,it is in the mail. Cause I have checked, and you are on the mailing list. But,so it will probably be in your mailbox today,tomorrow, or the next day. LEITHEAD TODD: Thank you very much. Next testifier,Layne Novak. Okay,please state your name and where you reside. L.NOVAK: Layne Novak,I live on Mele Manu Street. I apologize. AU: Microphone, please. L. NOVAK: I apologize, I didn't pass fl-tis out to you earlier, But I'm testifying on behalf of Terence Yoshioka. I'm sorry. Applicant has attempted to create the illusion that the 70 acre property is the only suitable property for its school. It has done so by making the following representations: [1] that it will develop an agricultural program for its students: [2] that its agricultural program will require 20 acres of land; and [3] that the subject 70 acres is "uniquely suitable"for its program. But nowhere in its application has Applicant provided proof that an agricultural program is needed or wanted by its students. There is no basis, therefore, to assume that applicant will actually develop such a program. And any conclusion based upon the presumption that the program will materialize is unsupportable. You folks can read the rest. What he does say is that the Commission can,also, find, and I urge that it do so,that the property is not`uniquely suited"for applicant's program. To be`unique", the property must"exist as the only one",or"have no like or equal". This would mean that if the property's "D" or poor rated soil is'uniquely suited"for the program,then all other properties with better-rated"C", `V% and"A"soils would not be`uniquely suited"for the program. It goes without saying that this is illogical,incomprehensible and unbelievable. What I want to add to this is that Mr.Thatcher talked about the entire green section as 1-acre ag land. When we moved there, we had no idea that the, a school was going to be built. Everything was going to be 1-acre properties; and that's what we had agreed upon;and that's why we bought in there. If you look at the soil, there is no soil. It's built on lava, it's built on a 1980 lava field. How they proposed to have agriculture on this type of land, I can't even grow citrus fruits on my land. That's how bad it is, I have to bring in soil. In fact,when Mr.Bill Brilhante, Sr. developed that property DARROW: One minute. 10 1837 L.NOVAK: Thank you. He had to bring in soil for,just to make our lawn. That's how bad the property is. No. 2, in our subdivision covenants,we cannot have any farm animals. We're not allowed to have"agricultural type of industry"within our 1-acre lot. So for them to come in and decide that they want to have this large agricultural property is,I think, a little overwhelming, and that's an understatement, it's quite overwhelming for our neighborhood. Thank you. AU: Thank you. Madam Director? LEITHEAD TODD: Yeah, I just wanted to make a comment. Those types of restrictive covenants on agricultural land are now illegal under State law. They were done commonly by people who were taking agricultural land to try and create basically residential subdivisions. Since then because of the concern of agricultural land being taken out of agriculture or potential agriculture and turned into residential high-end subdivisions,the State Legislature-. it doesn't change your restrictive covenants cause they're grandfathered. But the fact that you have restrictive covenants is not necessarily something that prevents somebody else from actually taking agricultural lands surrounding you and doing agricultural production. And that's a mandate of,tinder State 1 aw. L. NOVAK: I just want to add that our covenant is,was just recently extended to 70 years. So it's essentially our life time. AU: Okay, any questions for the testifier? Okay,next one, Dr. Henry Lee Loy. Please state your name,where you reside, and your three minutes. H. LEE LOY: Good morning, Members of the,good afternoon, Members of the Windward Planning Commission. I live on Mele Manu Street. My name is Dr. Henry Lee Loy. Together with my wife Pauline Kealoha Lee Loy,we continue to object to the location of the proposed Connection Charter School in Kaumana. My wife remains hospitalized in Honolulu and once again is unable to attend the public hearing. Let me recapitulate, as educators ourselves we strongly believe in the public school system. As graduates of Hilo High School and Honokaa High School we know the system works. Let me make Us clear,we are not against the students of Connections Public Charter School. We object to the proposed location. At the last Planning Commission meeting Chairman Dean Au asked the applicant to reach out to the community. We have had no such communication from the applicant. Instead,I'm greatly concerned about the recent newspaper articles regarding the ethical conduct of the Vice Principal. We question the actions of the administration,of their administration and leadership. We ask the Windward Planning Commission to reject the special permit application for Connections Public Charter School. The intersection of Kaumana Drive and Edita Street is dangerous. Once again I'm going to show you the photograph of a recent accident right at the very intersection of Kaumana Street and Edita. There's only one entrance and exit to the proposed school. This is dangerous. There is not enough water for I1 1838 381 students and 50 faculty members. The proposed septic system will find its way into the caves,and sewage will flow into the groundwater and down into Hilo bay. Development will irreparably damage the fragile ecosystem of the caves and the `Ohi`a forest watershed which presently protects Hilo. Kaumana Elementary School is half a mile away. Ernest B.deSilva is less than 2 miles away from the proposed project. The traffic impact analysis is obsolete. It was done over three and a half years ago. It did not account for increases in traffic as a result of future build outs and other developments around the area, that is Pacific Plantation II,the new Hokulani Street Subdivision and the addition of the Hawaiian Home Subdivision in upper Kaumana. There is not enough room for the applicant to provide a full width 50-foot right-of-way on Edita Street with concrete curbs, and sidewalks on both sides. There is a concrete channel that cannot be moved. No. 10,problems will occur when two separate school properties are bifurcated by Edita Street. Here's your lower section and here's the upper section. Cross vehicular traffic and pedestrian traffic will occur. A crosswalk in the middle of the block will be dangerous. Lastly, over 500 residents in Kaumana have signed the petition against the proposed project. There is no community support. Thank you for listening. AU: Thank you. Any questions for the testifier? Okay,thank you. You all may be seated. We'll bring on the next five people. Okay,Norine Okuhara, Jan Yokoyama, Ming Peng, Arnold Fergerstrom, and Jeff Games. (Ms. Leithead Todd at this time announced that the 1:30 Item 6 on the geothermal asset fund and guidelines for impact mitigation projects will not be taken up as there is not quomm on that item.) AU: Okay,can you all raise your right hand. And do you swear and affirm to tell the truth on this matter in front of the windward Planning Commission? TESTIFIERS: Yes. AU: Okay. We'll start with Norine. And please state your name,where you reside, and your three minutes will begin. OKUHARA: Okay. Thank you very much. My name is Norine Okuhara. I live at 1209-B Kaumana Drive. My husband and I have lived there for 40 plus years. And so I'll reiterate it,at last month's meeting, you know, I'm very concerned about the water rights. Because I live,I will live right below the school. And cherish the thought-what if a fire should happen in my home and I don't have enough water to put the fire out? What's going to happen to me? We've never been on welfare or anything;and I don't expect to do it at this point in time either. And,you know, as a retired teacher I am not against education. I am very pro education. But the way Connections has handled things,that goes against my grain. Because we had, I had no prior notices of their meetings. I have yet to receive the letter dated December 5And from my understanding,they were mandated by you to have a meeting with the constituents around that area. Why do they have to watt so long? They had over a month to plan this meeting. Why is the meeting on Connections? As far as I'm concerned the meeting should be on a neutral ground, If Kaumana School was busy, they couldn't use it, we've got deSilva School, we've got Hilo Union School, we've got Hilo Inter,Hilo High School. So what's the big deal? Not all schools will be busy. And why that timeframe, 12 to 2? DARROW: One minute. 12 1839 OKUHARA: You know,people are working. Not everybody is a retired person or everybody is,you know, a teacher who will be on vacation. People would have to take off from work. When we've had our meetings,our meetings were always during the evening time. So this did not interfere with people's working status,that they have to take off from work to attend the meeting,or they have to do this or that. You know, as far as I'm concerned, it's not fair. Thank you very much. AU: Thank you. Any questions for the testifier? Okay,moving on to Jane Yokoyama. YOKOYAMA: Jan, it's Jan. AU: Jan Yokoyama representing Kaumana Drive Neighborhood Watch, YOKOYAMA: Yes. AU: Okay,please state your name, where you reside, and your three minutes. YOKOYAMA: My name is Jan Yokoyama. I live at 1300 Kaumana Drive. I did receive the letter right before I came here. My concern,like Norine said, it's between 12 and 2 when most of our community members are working. It's also scheduled at Connections School which I do not consider a neutral ground. However, if so be it, I will attend. But I want to address my quality of life. I'm a lifelong resident of Kaumana Drive. I will probably die there also. This school is proposed to be a 2417, 365 days a year school. They're going to have dorms,they're going to have a horse barn. You know,most regular public schools close at a certain time. They're closed on weekends and holidays. So we're going to be subject to smells,noises, of course increased traffic. And I just want to live the rest of my life in peace. Thank you. AU: Thank you. Any questions for the testifier? Okay,next testifier,Ming Peng. You can go ahead. L.NOYAK: My name is Layne Novak. I'm testifying on behalf of Ming Peng. Ming Peng has lived on Mele Manu Street -. Sorry, this is his written testimony that I didn't pass out. This is what he says: I live on Mele Manu St. I am still opposed to the proposed construction of Connections Charter School on Edita Street and would like to follow up on testimony since the last meeting on November 9. As you have heard and read from testimony, there is overwhelming opposition within the community, with no community support for this project. By Connections administrator's own admission,this project has been planned for at least seven years. Therefore, they have had years to consider and develop plans that would not impact the community, including access roads and water usage. They have had attorneys and other professionals to help them along the way. For example, as Commissioner Gonzales astutely realized during the last meeting, the increase in traffic along Edita Street of up to 200 additional cars per day will be significant, such that altematives should have been considered. Yet, this was not done. Connections administrators have had years to garner community support. I realize that the Land Use Commission suggested that the community and Connections administrators continue to meet. 13 1840 However,there is a pattern of behavior(as testified by neighbors in the last meeting)that has resulted in a broken trust. This is a trust that is unlikely to be mended. 'There has been no testimony, no specifics given, from Connections administration as to how their use of the land will, in fact, elevate and improve the surrounding neighborhood. There has only been deflections and obfuscations from the administration. If approved,there will be no oversight during the construction of this school. Because the pattern of behavior has been lacking from the Connections administration,neighbors will be forced to wonder if regulations are being followed in an ethical and appropriate manner. Neighbors will feel forced in being the permit, land use, and ethics police. As the Windward Planning Commission,please hear the Kaumana community,who will be most impacted and the ones condemned to endure increase in traffic and utilization of resources by this project. Connections have had years to get"all the ducks in a row". They have not. Please deny the continuance and deny this project. Tine Kaumana Community should not have to make allowances for the Connections administrators poor planning. Thank you. Dr. Ming Pen. AU: Thank you. Any questions for the testifier? Okay,moving on to Arnold Fergerstrom. Please state your name, where you reside, and you have three minutes. FERGERSTRGM: My name is Arnold Fergerstrom. I live in the Kaumana Area, 1065 Kaumana Drive. I've lived in the Kaumana area, as well as with my family, from when we were about four years old running around. And this development again is something I'm against because when I was growing up in the area about 12 years old, 11 years old,my mom used to take us to school. And she always used to say Wing Kong Chong,you vote for Wing Kong Chong. And what happened is somebody was taking care of things besides Wing Kong Chong. She said Wing Kong Chong is going to make everything better for us because they're going to build a complex for basketball,and baseball, and all for the subdivisions. They make all these promises about development and they're going to take care of the public first. But never came through yet. The roads up there have not been improved. We called it a skinny trail when we were small. And I've worked throughout the island; and I feel that the best service that can be done for this school is to do it in the area of Keaau. Because Keaau,the value of land is not real high You have Fixe Department,you have Police Department,you have all these things right in the area of Keaau. 1 work in Keaau,they have lot of land, all that land on top. That little land that you're talking about 70 acres is a little scratch besides, of the land we do have. So we have,already we have the Fire Department, Police Department,all situated where they're working out of, and we have room over there. And I think that's where it should be made and done, and it would service the community. And I never heard anything about our value of our land after they make this thing. You know,they have, when you pay your taxes,they tell you pay so much or you lose your land,yeah? I haven't heard,maybe I missed a meeting,but I never heard anything about who cares about the people that -. Me, I get land in Kaumana. I buy, I bust my okoloe,take care. And I like my kids get place to come. That's my prerogative I think as one citizen to go buy the land and say, you know, I going buy this land for my kids because I like them,when I old, they can take me,do things,this and that and what have you. No such thing now because it's,you never can count on keeping the land. You might as 14 1841 well sell them because I don't know what they going catch you on the low on how much you going sell the land. So I have land in Kaumana. I have several different lands. And now I sit down in the evening and I wonder what's going happen now? I get the kids, I get everything set up,my retirement, everything. Now going happen,now go get one school. Keaau get plenty room for schools. I don't know why they have to come here,but-. I guess that's all have to say. What happens is,in reality, I'm very not prepared. And that's because I was doing some work and my truck tire cut, and I get my boy down there putting four new tires on for 800 something dollars,and I left the tablet in the car. Thank you for your time. AL3: Thank you. Any questions for the testifier? Okay,last testifier for this group, Jeff Games. Please state your name,where you reside. GOMES: Before I start,would you mind looking at the handouts I gave you. I spent a lot of time and money making there and preparing them for you. And I want to summarize and not have to read them all. May I show you which ones I have. AU: You can just go ahead and begin your testimony. GOMES: Okay,my name is Jeff Gomes. AU: Do you want to be specific and talk about certain ones? GOMES: I want to touch on all of them. AU: Okay,well, okay, go ahead. You have three minutes. GOMES: My name is Jeff Gomes. I live in Kaumana. I'm right next door to the side of the property. I reached out to the school in April. I went down to the school cause I was invited by the principal. I met with Bill Thorpe. He does great work at the school. He does the Makery Project, He works with lasers, I work with lasers. I offered him help. This is the emailed he sent me. He asked me for help. I wrote back,said no problem. I offered him thousands and thousands of dollars in time and equipment and supplies. I offered him to bring the kids, I'll show you how to do it, And no response after that. I believe I was labeled the bad guy. October 8'h, Eric Boyd, the,whatever he is at the school,stands outside my home and takes pictures of my home terrorizing my wife and daughter. I called the police, they tell me what he's doing is legal, he's on County property,he can take pictures. All right,it's done. On the 10'h Ted Hong comes to my home for the cave inspection. Jeff Darrow was there. A bunch of my neighbors were there. And Ted Hong tries to pick a fight with me in front of everybody--Any of my neighbors that were there, raise your hands -- for no reason. Ted knew I was upset about Eric Boyd taking pictures of my home, and so he brings it up again. And we're not there to take pictures of signs, we're there to take a look at the cave. But since then Ted has been picking on me and trying to get me to do something negative in public,I don't know why. And then recently I get this message from John Thatcher. If you don't have it, should I read it? 15 1842 PUBLIC: Read it. GOMES: He messages to me on Facebook. We're not friends on Facebook. This is what he writes, "Just wanted to let you know that yesterday one of our high schools students committed suicide. I am in no way blaming any of you, I just wanted to let you know. Emotions are running... high.... Your signs are not helping. Please share our sad news with your friends and family." This is the kind of sick behavior I've got to deal with from the school. They take a picture of my home to make a video. I was told the video was made by a pastor to put it on the Internet. And now my home is a target. They steal signs,trash my yard. I've got to put up with this. I need intervention and relief. You need to tell them stop it,knock it off, act like adults,become a responsible school. Tell me now how am I supposed to go to that meeting at the school? I know they're going to try and hit my home again while I'm gone. It doesn't make sense. This is their behavior, DARROW: Time. AU: Okay,thank you, Mr. Gomes. Any questions for the testifier? Okay,thank you guys very much. You may be seated. We'll bring tip the next,we have four more testifiers. We have Jeff Gomes representing Matt Medeiros, Carol Zimmerman and Tom Raffipiy, So please be seated. Okay. So can you guys raise your right hand, the two of you I did swear you in already. Do you swear and affirm to tell the truth in front of the windward Planning Commission today? TESTIFIERS: Yes. AU: Okay, thank you. Jeff Gomes,you go ahead. You've already stated your name so you go ahead. You've got three minutes. GOMES: This is a letter from Matthew J.Medeiros,Ph.D.,Department of Integrative Biology, University of California and Department of Entomology, Smithsonian Institute,and Francis G. Howarth,Ph.D., Department of Entomology,B.P.Bishop Museum. Kaurnana Cave is one of the longest known caves, at over 1500 meters long. As Stone wrote,"Kaumana Cave has been colonized by at least 15 species of endemic cave invertebrates over a 110-year history. Survival of these species is dependent on the native `ohi`aluluhe successional forest overlying it. Sections of the cave which do not have Metrosideros [`ohi`a] roos, due to surface clearing,are virtually devoid of cave species." Several cave invertebrate species rely on live `ohi`a roots growing through the surface of the cave to provide food and would quickly perish upon removal of the trees from the surface. These include species native to Hawaii caves, such as Oliarus planthoppers, Schrankia moths, and a few others, I can't pronounce it. Additionally, although some of these species might also be able to subsist off the roots of other tree species,planthoppers are host specific and can only eat `ohi'a roots. Basically what the letter is saying is the world is watching and your decision on what you allow to happen on top of the caves is going to be noted. So please deny this project. AU: Any questions of the testifier? I've got a question. Matthew L Medeiros, does he live here? 16 1843 GOMES: No,he lives in Oakland, California. AU: Okay,moving on Carol Zimmerman,and please state your name and where you reside; and you have three minutes. ZIMMERMAN: Is this thing turned on? AU: Yeah. ZIMMERMAN. My name is Carol Zimmerman. I live at 94 Laimana Street in Hilo. And I'm asking, thank you by the way for allowing us to testify. And I'm asking the Commission to consider a continuance of this request for the Kaumana Connections site. I would like, request that,so that all voices and other voices can be heard, the voice of our children. And the voices of our children of Hawai'i,if they care be heard too. I would like all voices to be heard,including the children. I am a parent of a child that attends Connections High School, I mean Connections School; and I'm one of three, not two as Mr. 'Thatcher said, one of three families that has chosen to leave my home every week to travel to Hilo on Sunday and come to this school at great expense to my family. All three, all three of these families, we rent homes here in Hilo in order to do that,to go to this school in Hilo. And then on the weekends, I travel back, we all three travel back to our,to the rest of our family that lives in Kau because we don't have an alternative, a good alternative to education in Kau. We've chosen to come here at that expense, our out-of-pocket expense,because an education is very important to our children. And I can list off the top of my head dozens,maybe dozens more families that would like to do the same thing if they had an opportunity to better their educational chances for their children. I have written something that, it was in an email. You probably have it now. I'll just read this to you now. I understand that there are concerns about having a school in the Kaumana neighborhood. Fear is concomitant with change. But, we cannot make decisions for the future of our children,the future leaders of this community, this country,based on fear. I want what every parent wants for her child,the best education possible, an education where my child, he,is challenged at all levels,from creativity to critical thinking. I want a school that is willing to go beyond just teaching to the"Test", for that is not an education. I want a school that he looks forward to attending every day,because his innate desire for the love of learning, and his love of learning is supported, and not snuffed out. And, finally, it is very important that the school provides a safe environment so that learning can occur. 1 believe,based on my personal experiences with Connections School, that the Kaumana site will allow all of these aspects of education to be addressed,from Environmental, Energy Design, Agriculture, Business and Marketing hands-on experiences. The school can impact not but a few,but thousands of Hawaii's children. And all of the children of Hawaii deserve this kind of education. 17 1844 Maybe someday,with this school as a model, we,as parents, aunties,uncles, grandpops and grandmoms, can give all of our children what they deserve- the best education possible,the brightest future. AU: Thank you very much. ZIMMERMAN: Please support the Kaumana campus site. Thank you. AU: Thank you,thank you very much. Okay, any questions for the testifier? ONO: Yes. AU: Commissioner Ono. ONO: Thank you. You mentioned that there were several parents from Kau that were interested in this program. If they could afford to, they would like to participate in the Connections program? ZIMMERMAN: I,I, is this on? AU: Yes. ZIMMERMAN: I believe there's at least a dozen or more of the concerned parents that would want alternative education for their children in the Kau area and that would, if financially possible, would consider, would do this,would move to Hilo and participate in the school. ONO: If I may suggest to you to add credibility your testimony,I'd be interested in having their names on the list saying that they openly support your position. ZIMMERMAN: Yes, that'll be fine. I can do that, sure. AU: Thank you. Any more questions to the testifier? Okay, we're adding in one more testifier. Is there anybody else from the public would like to testify? BOTELHO: Sure. AU: Okay, one more. Okay, so how about before I hit Tom Raffipiy,how about I swear you in first. Can you raise your right hand. Do you swear and affirm to tell the truth on this matter before the Hawaii County Planning Commission? TESTIFIERS: I do. AU: Okay, so now Mr.Tom Raffipiy, state your name,where you reside,and your three minutes. RAFFIPTY: Thank you, Mr. Chairman. Thank you, Commissioners. Tom Raffipiy, I live in the Puna, Ainaloa area. And I have two children that are attending the public charter school,Connections Public Charter School. Pm going to kind of, I'm going to speak on traffic and community-based school and 18 1845 transportation that is very,that it is of a concern to the community. And I appreciate these kinds of open dialogues,because I believe that it is through open dialogues that we are able to resolve issues. We'll come up with creative ideas that we can all resolve issues and be able to work together and live together and, and do things together. On the issue of traffic, I know, I've seen a lot myself when I used to travel to Kona to go work and the traffic accidents on that road before they came up with the new road. But I think putting,having a school over there and installing signs that that is a school zoned area, I think it will actually alleviate or reduce the risk of having traffic accidents in that area,because now we'll have a school zoned area. Transportation, we have a bus system. Although we may have 384,whatever the population of the school is, we do have a bus system that,you know, they meet up,they meet up in certain areas. For example, like in Keaau by the intersection of Keaau-Pahoa Road and the Volcano Road, they meet out there. And they are carpooling in to alleviate traffic coming into town, and I think that will be continued. A community-based school, Mr. Thatcher talked about Connections or charter school being not community based. So no matter where you take this school or any school,public charter school, you will never have that kind of support because it's not community based. It's not, you know,it is for, opened to all communities, as opposed to these schools that we have here that are community based where they serve the community that they're in. Charter schools they serve the whole island, it's open to the whole island. So with that, I urge you to consider all that, you know,when you make your decisions. And I really urge you to see if you can continue these hearings,the hearing process of the special use permit for the school. And I just really want to see those kids have a better place other than what they have right now than two, two separate areas. So please consider that in your thinking. Thank you very much for our time. AU: Okay,any questions for the testifier'? Okay, would Lee Botelho,please state your name,where you reside, and your three minutes. BOTELHO: My name is Lee Botelho; and I live on Mele Manu Street. I apologize for being a last- minute person to sign up to speak. But I've been,I was here at the last month's meeting. And listening to the testimony today, a lot of people are talking about whether or not charter schools are good. They're testifying on behalf of the program of the Connections Charter School. That's not what the issue is here. The issue should be whether or not the application for a school to use this property is the appropriate use of the property,and considering the amount of County water is insufficient to build a school or to support school, much less the additional water required for a caretaker's residence which they plan to build and for agricultural use. So that's one of the main concerns,is the amount of water that they will have access to. Is it part, you know, so is the school an appropriate use for this parcel of land -- I'm very nervous, sorry---when there's not enough water to support it? In addition, the access to the property, to the school, will it adversely impact the surrounding properties? Yes, it will. We talk about Kaumana Drive. But Edita Street is the only access for this subdivision. When you add 200 cars every day,twice a day, to everyone who also has to go to work 19 1846 and take our kids to school at the same times that these people will be coming in,turning around, and needing to get back out on Kaumana Drive, it will severely impact the traffic, and the access and egress for the residents of the subdivision. That's really all I have to say, is to remind you folks just whether or not this is an appropriate use of the property. Thank you. AU: Okay, thank you. Any questions for the testifier? Okay, we have three more people signed up. Thank you, guys. Three more people signed up. And anybody else? Last call. Okay,we have three more. TORIGOE: One more. AU: Oh, and there's one more signed in. Okay,we have four. We have Alan McNarie, Steve Hirakami, and Wayne Kanemoto. And I understand we have somebody else. Okay,I'll just take you three right now, Why don't you raise your right hands. Do you swear and affinn to tell the truth on this matter in front of the Windward Planning Commission? TESTIFIERS: I do AU: Okay, thank you. Okay, we'll start off with the first guy, Alan McNarie. MCNARIE: Hello. This is an odd position for me. Normally when I'm at these hearings I'm covering it as a reporter, so-. But in this case,I have a direct interest. My son is a student at Connections. My son is very bright but a has ADHD. I can't address a lot of the issues about the exact site,but I do know that he needs the school. He works much better in small classrooms. There are only two,as far as I know, charter high schools on this side of the island. And, I mean, I would love it if it was a-. He started out here at the Volcano School;but there's not enough high school kids up there to have a high school there. And to get critical mass even for a small charter school, you've got to have a huge area. And I'm very, very glad that I got him into Connections. And just a couple of things. I'm not going to cover the stuff like the access, although people are coming in on buses. It's not as high an impact as say a small shopping center. And I know that this Commission has approved such things in agricultural communities. Usually a neighborhood school is a talking point for a neighborhood. If someone is coming in to look at a house they ask is there a school within bicycling distance or even walking distance? So it's not necessarily a bad thing for, to be in a community. And only one other small point. I've written a lot of articles about ecology. As many of you know, I've written articles about Kaumana Cave. This is not,the welfare of Kaumana Cave has not necessarily been a strong concern of this neighborhood. When people were exploring that,mapping that cave out a few years ago, they were flushed on. People were using that cave, they found reefs of toilet paper and diapers in there. If you're going to address that cave,there's a lot of things you'd fix besides -. I mean, the high school should, of course, have a proper septic system. A lot of these houses don't. That's something to think about. And that's about all I have to say. 20 1847 AU: Thank you. Any questions for the testifier? Okay, we have Steve Hirakami. You're already sworn yourself, you've already stated your name. So go ahead, three minutes. HIRAKAMI: Thank you. I'd like to just mention that I wanted to address the fact that there are a lot of students here this morning that are eager to testify. I know that our Shady Grove went first so the students didn't have time. But, you know,this is a great educational experience for them to see government in action. You know, this is more of a global issue. You know, Connections have been involved in a lot of projects that have contributed to the community. I know for sure that they've received some BEWED (phonetic) grants,they've studied the stream,they've studied the ecosystem out there in Hilo Bay. They are absolutely adding to the community now. There's never going to be a perfect location for any kind of development. As you know, geothennal is an issues. And what's the perfect location? There is always going to be setbacks, there's always going to be things that get in the way. But I think that you have to really weigh the benefits over the disadvantages and see if those can be mitigated through working cooperatively with each other. Not like taking a, drawing a line in the center and saying you can't do that. Because you know what,things can be mitigated—traffic, bussing, all of those issues. But the greater issue is that is Connections School property located now in the old store building,right in the downtown in Urban,with homeless people right here? Or will they be able to really contribute to solving problems that haven't even been created yet about sustainability,about our food project? We're lucky enough to be on 25 acres out in Pahoa; and we have fishponds,we have taro gardens,we have, we're raising animals. We've got a macadamia nut orchard. These kinds of activities are so valuable to the life and breath of a student in our society, especially on Hawaii island. Come on,we depend so much oil, we depend so much on importing food. These kids are answers to some of our problems. These are the future engineers that are going to design the kind of renewable energy sources and contribute to the food industry in our sustainability of our island. These schools,we're-. We're not takers. Our school is all about giving. We teach our kids first to give, volunteer and to give community service. And I think that you have to weigh the benefits of creating community givers right in front of you. So on behalf of the children that were here today, I would like you to consider them, consider their voices that you haven't heard and you probably wil l hear at a later meeting, you know,consider the children of Hawaii,of this island. Thank you. AU: Thank you. Any questions for the testifier? Okay,can Kerri Marks-? Please sit. But we're going to hear Wayne Kanemoto first. So, Wayne, can you state your name,where you reside and your three minutes. KANEMOTO: My name is Wayne Kanemoto, and I live on Mele Manu Street. The point I haven't heard is, and I'm not sure if it's appropriate for this Planning Commission or not,but my biggest concern is the financial commitment the charter school has for this project. I've been a school principal; I've run Laupahoehoe School; and I've been an administrator at different school. And as you already know, the schools have faced tremendous pressure because of money. I taught at Laupahoehoe School. I was there when it was the, they had the Centennial Celebration. And look, it has become a charter school; and I frankly don't think that they'll be able to survive because of the financial condition. You have to have revenues corning in, And I haven't seen a financial commitment base for Connections. They're undertaking a very large project because they're doing construction. And even the operational cost really needs to be addressed; and 1 don't see that. So I 21 1848 don't see the appropriateness. Yes,they are going to be built and they're trying to build in our community,but I don't see it as being appropriate. They haven't been a good neighbor as far as I'm concerned. But my biggest point is that if they start and they don't finish and they can't continue, what's going to happen then? Who's going to be responsible for whatever they put in? That's all,you know,that would be one big question that I have, is -. And I don't whether it's under your purview to consider those things,but financially times are hard. I don't know how they're going to do this. For a lot of charter schools I don't think they're going to exist. They're going to have to change the way they do business. Thank you. AU: Any questions for the testifier? Okay,Kerri Marks. You've already stated your naive, so go ahead,three minutes. MARKS: Aloha. Back to the traffic,last time we were here we spoke about the traffic study that was done; and you mentioned about the light down by the gas station. I didn't hear,or maybe there was, but I didn't hear that there was any study done on that traffic coming up Puainako Road to Wright(sic) Road, and then down. Cause as I stated last time,that's how you get from upper Kaumana to Puna and back. So you have to take that into account. And if you've only studied that traffic light and how the cars are going to stack up at that hill,then you have not done Kaumana any service at A. Because I guarantee you people are not going to drive all the across town to get to Waianuenue or Kaurnana and tum up there. They're going to filter up as they can as they get across town. And if you live off of Wright Road you will know that,I come down Kaumana to bring my kids to school in the morning. As I'm coming down Kaumana, almost every day there is a car that comes up to the stop sign,blows right on through it, and takes a right down the road. That's how they do. It's a roll through. Nobody stops there. So please take that into account. Please reassess the traffic situation. Don't delude yourself into thinking that everybody is going to come through that stoplight. They're not. I also take exception to the fact that everybody thinks that this traffic situation only affects Edita Street and the neighbors that live immediately around it. It affects everybody that lives above Edita Street. That's how I get to my house and back. So that's what I wanted to say. I just wanted to make sure that you take that into account. Like I said it's already kind of a problem with the roll through stop. It will get worse,especially as you add-I don't care if it's 50 cars,not 200-if you add cars to that situation, it's going to be a problem. That's all. Mahalo. AU: Okay. Thank you. Any questions for the testifier? Okay,we have our last testifier,Jeff Gomes for his wife Wendy Games. GOMES: Hawaii Administrative Rules,Title 11,Department of Health, Chapter 200, 11-200-9, Chapter 6, Distribute, concurrently with the filing in paragraph(5), the draft environmental assessment to other agencies having jurisdiction or expertise as well as citizen groups and individuals, like myself and my neighbors, which the proposing agency reasonably believes to be affected. Now if they didn't think we'd be affected living in Pacific Plantation, they've got to be crazy. Everybody living in there is going to be affected. And none of us were notified,none of us. 22 1849 Please look at my handout that I made for you. Turn to the second page on the bottom,this is the school minutes,local school board minutes, July 2, 2009. Mr. Thatcher reported"...our Environmental Assessment has been made available to relevant government agencies. If it is not questioned or contested, we would be doing a `No Significant Impact Statement' rather than an Environmental Impact Statement." He had no intention of notifying us. The School had no intention of letting us know they were going-to sneak this EA by. It's right there. AU: Okay, any questions for the testifier? No? Okay, well,with that, the public testimony is done. So I'd like to entertain a motion for discussion. So what we have on the table now is Planning Department is recommending we continue this special permit. Any questions, Commissioners? Would you like to ask the applicant questions? Would you like to ask staff questions? If not,we'll be ready to entertain a motion. ONO: I have a question for the Director. AU: Go ahead. ONO: I wasn't quite clear on this,the announcement about the Attorney General's office in the paper, what's the rationale behind that? LEITHEAD TODD: The Attorney General's office has indicated that they wish to take over representation for Connections School. So they will be replacing Mr, Hong. ONO: I'm assuming we're talking about the State Attorney General? LEITHEAD TODD: The State Attorney General's office is going to be, Connections is a State School. ONO: So in terms of being a party representing a group,in this case Connections—this is what I'm concerned about. Does that mean that they're siding with one party over the other? LEITHEAD TODD: Connections is a State public school. The Attorney General's Office represents the State and its agencies. And so this would be like an agency or department,or just as if a State employee had an action, in certain circumstances the AG's office would represent the State employee. So this is no different. And this is somewhat,I mean we don't have this issue come up very often in our meetings, but this is very analogous to Court proceedings where you start off with one attorney, another attorney is going to come in so the first one withdraws. And typically the courts routinely grant the continuance in the interest of,in fairness to the applicant. Because it's basically, you know, no one is really disadvantaged in the sense of a continuance. You know,it's a little inconvenient for people who have to come back out again. But the disadvantage to the applicant if you deny them the opportunity to have their new attorney represent them and have time to come in, as Mr. Hong indicated the reason the AG couldn't come today is that they had another deposition which was also scheduled, there's a tremendous disadvantage to the applicant if you don't allow the continuance. And, you know, it's my recommendation that you allow the continuance. Because, frankly, let me be blunt,if you deny the continuance, that's appealable. That would go to court, a judge would Look at this and say we have been unreasonable in denying the continuance, and they would send it right back down to 23 1850 us, except everybody would have to write legal briefs on the issue. So I think it's, the wiser course of action is to grant the continuance and allow the AG. Cause we don't know what the AG is going to say,but we should have that opportunity to hear from there and give the applicant that benefit. ONO: I also have one more question-, AU: Go ahead, Commissioner Ono. ONO: Cause it's bothering me. Whatever the decision of this Commission is,let's say for the Charter or recommend that we do not, the very position of the Attorney General representing the Charter School,does that mean that he would have to side with the Charter School at the next level? LEITHEAD TODD: Well, if he is representing the Charter School,he is taking their side because he is advocating for them. He is their attorney. ONO: Oh, that's right. LEITHEAD TODD: You don't have a client and advocate against your client. But you have to understand this is, we have a situation here where the State Land Board has already approved the lease. So you have the State having taken that position. The State Office of Planning has already submitted testimony supporting this saying that this is consistent with special use permits and that they support this application. So now you just have one more State agency,which in this case is the AG's office, coming in. But the way that the special use permit process works is that the, if the County Planning Commission recommends approval, it then goes to the State Land Use Commission,because this is more than 15 acres of land. The State Land Use Commission is the body that then determines whether the special use permit is granted or not. However,if the Windward Plarming Commission says that they want to deny the application,then the application dies. Because under the process set up under State Law, you have to have a favorable recommendation from the local planning commission, which would be this one,before it can proceed to the State Land Use Commission. ONO: 'That's where I have a question. Assuming that we deny,the representative of the AG's office would appeal? LEITHEAD TODD: They would then represent Connections in appeal to Circuit Court. ONO: Okay,thank you, LEITHEAD TODD: And then Mr. Kanakaole would represent the Commission; and I guess Mr. Brilhante,not the property owner, or possibly Ms. Self would represent the Planning Department and the Planning Director. ONO: Thank you. That's it. Thank you. AU: Okay, anymore questions for staff? GONZALES: I -. 24 1851 AU: Commissioner Gonzales. GONZALES- Excuse me. Yes,I have a question. Actually I just want to make this clear. So if we say yes,this gets kicked up to the State Land Use Committee or Commission? LEITHEAD TODD: Yes. GONZALES: If we say no,if we say no, the application dies,they're going to appeal it-? LEITHEAD TODD: Well, we don't know that they will appeal it. But I would assume that there's a likely appeal which would go to Circuit Court. And they would look at whether we had been arbitrary, capricious,whether,you know, we have valid reasons. They would look at all of that in terms of looking at our decision. There are a set of rules that they would look at. But you shouldn't base your decision on whether there's going to be an appeal or whether it's going to the Land Use Commission. You should be exercising independent judgment on whether you believe that this qualifies for a special use permit; and then, you know, vote appropriately. GONZALES: Thank you. AU: Okay, so just to clarify, we are voting,what's agendized is the continuance to a future meeting with us. is that correct? DARROW: Correct. AU: Okay, yeah, I thought I heard the conversation it's a continued meeting to the Land Use Commission. DARROW: Mr. Chairman, the -. AU: It's a continued meeting to the Windward Planning Commission,right? DARROW: Correct. And the next Windward Planning Commission meeting would be January 10, 2013. AU: Okay. With that said,anybody interested in making a motion? GONZALES: Mr. Chairman,I would like to put forth a motion to continue the application SPP 12- 138 for Connections New Century Public Charter School until the next Windward Planning Commission meeting on January 10, 2013. AU: Thank you. Commissioners, can I have a second? ONO: Second. 25 1852 AU: Okay,into discussion,I'd like to see what happens with this at our next meeting,that the applicant has with the community. I want to see the results,the water credits. I guess we have it in written documents. You know the applicant is doing what they're asked of from us,so I think I would support this continuance. So I just wanted to share that with my Fellow Commissioners. Anybody want to make a comment, so,for discussion? Okay, if not,ready to take a vote. DARROW: Thank you,Mr. Chairman. The motion before us is to continue this application until our next Windward Planning Commission meeting to be held on January 10,2013. With that I'll take the roll. Commissioner Gonzales? GONZALES: Aye. DARROW: Commissioner Ono? ONO: Aye. DARROW: Commissioner Ishibashi? ISHIBASHI: Aye. DARROW. And Mr. Chairman? AU: Aye. DARROW. The motion passes four to zero. AU: You'll be notified in writing; and so will all the neighbors; and we'll see you guys at the next meeting. The discussion ended at 12:44 p.m. Respectfully su�bf�Ymittefffd,�/y Sharon M.Nomura, Secretary Windward Planning Commission 26 1853 Lr ` WiWam P.Kenoi �,+`':-°l•'.+w� B1 Leitttead Todd •'� Director Mayor i "• •` Margaret K.Maswaga Deputy East HawaK Office West Hawaii Office 34-5444 Me Kwhokalaie Hwy .i l01 Paeiahi Street,Saito 3 Kstja-�nN�11f8Vi95744 County of Hawa� i mo0,Hawai698784 phone(608]323.4774 Phone(&08]961-82$8 Fax(808)327-3553 PLANNING DEPARTMENT Fax(848)961-8742 Dec=ber 10, 2012 Ms.Monica Morris,Deputy Office of the Attorney General 425 Queers Street Honolulu, HI 968P3 Deer Ms. Morris: Special Pennit Application(SPP 12-000138) Applicant: Connections New Century public Charter School and Community Based Education Support Services Request: To Develop a K to 12 Chatter School Campus with Donn Facilities, Intergenerational Programs,a Sustainable Agriculture Program and a ForestrylConservation Program Tax Man Ivey: 2-5-006,141 The Planning Commission at its December 6,2012 meeting voted to continue the hearing at the request of Attorney Ted H. S.Kong pursuant to his December 5,2012 letter. The coatinued hearing, among others,is scheduled for 10:44 a.m.on Thursday,January 10, 2013,in the County of Hawaii Aupuni Center Conference Room, 101 Pauabi Street,Hila, Hawaii. Your presence or the presence of an authorized representative will be appreciated in order that all questions relative to the request maybe clarified. .A copy of the public notice is attached for your infennation. In accordance with the Planning Commission Rule 6 (Special Pennits) and pursuant to Rule 4 (Comested Case Procedure), you are requited to notify the surrounding property owners and lessees of record within 500 feet of the perimeter boundary of the property of the contillued hearing. Piwf of ser,ice to surroundins prow%,awrzw-�s shall be submitted to the Planning Conies ission prior to the date of public hearing* Proof may consist of certified mail receipts, affidavits, declarations or the time. The list of mines,addresses and tam map keys of those Wivithials notifled shall also be submitted. DEC 1 1 2012 {,'mrai'!C4rtatry it aK Fquu!Oiaportumty Prmatfrrdr Fir+plo}rr GzL[�;:f: 't �ss�a 1854 Ms, Monica Morris,Esq. Page 2 December 10,2012 Should you have any questions regarding the above,please do not hesitate to contact Jeff Darrow of this department at 961-8288,ext. 8158. Sincerely,- JF LETT TODD Planning Director Aft. cc: Connections New Century Public Charter School &CBESS AINk Ip 1855 "TICE OF PUBLIC MEETING AND HEARINGS WINDWARD PLANNING COMMISSION COUNTY OF HAWAII NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92,Hawaii Revised Statutes, Section 6-7.5(a)of the Charter of the County ofHawai`i, and the Planning Commission's Rules of Practice and Procedure. DATE: Thursday,January 10,2013 TIME: 9:00 a.m. PLACE: County of Hawaii Aupuni Center Conference Room 101 Pauahi Street,Hilo,HI 96720 STATEMENTS FROM THE PUBLIC—Note that statements from the public regarding any particuiar item on this agenda will be taken at the time the particular item is called to order. NEW BU5iNESS_- 9:00 a.m. 1. APPLICANT: AGUINALDO 41 LLC (REZ 12-159) Application for a Change of Zone from a Single-Family Residential—]0,000 square feet (RS-10)to a Village Cemmereial 20,000 square feet(CV-20)zoning district for approximately 1.545 acres of land. The subject property is located at the southeast comer of the intersection of Pahoa-Kalapana Road(Highway 130)and Pahoa-Kapoho Road(Highway 132),east ofPahoa High School at Kaniahiku Homesteads,Puna,Hawaii, TMK- 1-5-003,037. 2. APPLICANT: PARADISE HELICOPTERS (SPP 12-1.43) Application far a Special Permit to allow the construction and establishment of a helicopter landing area on a 10,000 square-foot portion of a 1.003-acre parcel situated within the State Land Use Agricultural District. The property is located at the southwestern comer of Plumeria Street and Hoku Avenue in Royal Gardens Subdivision,Puna,Hawaii, TMK: 1-1-1 14:022. 3, APPLICANT: MATTHEW W. CASTRO (SPP 12-144) Application for a Special Pen-nit to allow the construction and operation of an approximately 225 square-foot certified cold kitchen facility for the preparation of dried fish on a one-acre }parcel situated within the State Land Use Agricultural District. The subject property is located along the southwest (mauka)side of 20 Avenue, approximately 1,200 feet from its intersection with Paradise:[hive,Hawaiian Parse Park Subdivision,Puna,ffZW:ai'i, TMK: 1-5-033:130. 1856 NEW BUSINESS-- :30 a.m. 4. INITIATOR: COUNTY COUNCIL (Bill No.291) Bill No. 291 regarding a proposed amendment to Chapter 25,Article 6,Division 1 of the Hawaii County Code 1983 (2005 Edition,as amended),relating to Planned Unit Development(P.U.D.). The purpose of Bill No. 291 is to clarify procedural guidelines, define the requirements of a P.U.D.permit,and to add the Planning Commission(s)and the County Council to the review and approval process for a P.U.D permit. Initiates amendments to Chapter 25 (Zoning Code),Article 6,Division 1,relating to P.U.D; Amends Section 25-6-1 relating to Purpose. Deletes Sdction 25-6-2 relating to Minimum land area required. Amends Section 25-6-3 relating to application for P.U.D.permit. Amends 25-6-4 relating to Notice of action on a P.U.D. application. Deletes Section 25-6-5 relating to Procedure for processing P.U.D. application when use not permitted in district. Amends Section 25-6-6 relating to Actions by director on P.U.D.permit applications and replaces it with Procedure for processing P.U.D. application, adds Section 25-6-7 relating to Conditions iinposed on P.U.D.,and Section 25-6-8 relating to Review and approval of final site plans. Deletes Section 25-6-10 relating to Criteria for granting a P.U.D.permit. Replaces Section 25-6-11 relating to Height exceptions authorized with Construction in conformity with approved final site plans, and Section 25-6-12 relating to Approval of variances,use permits and plan approvals issued under P.U.D.permit with Plan approval issued by approval of final site plans. Amends Section 25-6-13 relating to Effect of P.U.D. permit on other zoning provisions. Amends Section 25-6-14 relating to Time extension and amendments. Amends Section 25-6-15 relating Appeals to Appeal of director's actions on P.U,D. final site plans, UNFINISHED BUSINESS—19:00 a.m. 5. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL /CBESS (SPP 12-138) Continued hearing on an application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of 1 and situated in the State Laud Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo,Hawaii,TMK: 2-5-006:141. UNFINISHED BUS SS— :00 .m 6. INITIATOR: PLANNING DIRECTOR Discussion of possible amendments to Planning Commission Rule No. 12 regarding the Geothermal Asset Fund relating to procedures and guidelines for the processing of proposed community approved geothermal impact mitigation projects within the District of Puna. MINUTES Approval of Minutes ofthe December 6, 2012 meeting 2 1857 ADMINISTRATIVE MATERS 1. Discussion regarding letter dated August 2,2012 from Council Chairperson Dominic Yagong to Windward Planning Commission Chairperson Zendo Kern requesting information on the process for requesting use of the Geothermal Asset Fund to fund a health study as a community approved'mitigation project for the Puna community to address the alleviation or attenuation of direct detrimental effects of geothermal operations permitted under Geothermal Resources Permit No. 2. 2. Discussion regarding letter dated August 8,2012 from Councilperson Fred Blas to Windward Planning Commission Chairperson Zenda Kern requesting information on procedures for requesting use of the Geothermal Asset Fund to fund a health study for Puna to determine the possible negative impacts ofgeothennal power producing activities at the Puna Geothermal Venture Plant. 3. Status of applications heard by Windward Planning Commission that are pending before County Council. ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above matters. Submitting_Testimony: According to Rule 1 (General Rules)of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name; residence address;and whether the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the tesfimny. Written testimony shall be submitted with an original and nine copies prior to testifying. The Commission would appreciate timely submittal to the Planning Department at least one week prior to the hearing date to allow for mailing and thorough Commimion review. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. Pursuant to Rule 4, Contested Case Procedure,of the County of Hawaii Planning Commission Rules of Practice and.Procedure,any person seeking to intervene as a party to a contested case hearing on Agenda Item Nos.2&3 above is required to file a written request which must be received in the office of the Planning Department no later than seven(7)calendar days prior to the Planning Commission's first public meeting on the matter. Such written request shall be in conformity with Rule 4, in a form as provided by the Planning Department entitled "Petition for Standing in a Contested Case Hearing," The written petition/request shall be filed with the Pleuining Commission at Aupuni Center, 101 Pauahi Street, Suite 3,Hilo,Hawaii: 96720,and accompanied by a filing fee of$200 payable to the Director of Finance. Any party may retain counsel if that person so desires. Rule 4 may be inspected or purchased ($2.50) at the above-cited location. Rule 4 may also be viewed at the County of Hawaii website OiLtp://www.co.Hawaii.hi.os 3 18 Notice to Lobbyists; If you are a lobbyist,you must register with the Hawaii County Clerk within five days of becoming a lobbyist {Article 15, Section 2-91.3(b),Hawaii County Code}. A lobbyist means"any individual engaged for pay or other consideration who spends more than five hours in any month or$275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." {Article 15, Section 2-91.3(a)(6),Hawaii County Code) Registration forms and expenditure report documents are available at the Office of the County Clerk,25 Aupuni Street,Room 1402,Hilo,Hawaii 96720. Copies of the applications and maps showing the general locations and boundaries of the areas under consideration and/or plans of the proposed developments are on file and open to inspection during office hours at the Planning Department,Aupuni Center, 101 Pauahi Street, Suite 3,Hilo,Hawaii and at the Planning Department—West Hawaii Office,West Hawaii Civic Center, 74-5044 Ane Keohok5lole Highway,Kailua-Kona,Hawaii. Anyone who requires an auxiliary aid or service,other reasonable modification, or language interpretation to access this meeting please contact Sharon Nomura(961-8155)or Daryn Arai(961-8142)of the Planning Department as soon as possible,but no later than five days prior to the meeting date,to arrange for accommodations. "Other reasonable modification"refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Hawai`i County is an Equal Opportunity Provider and Employer. WINDWARD PLANNING COMMISSION DEAN AU, Chairperson (Hawaii Tribune Herald: Friday, December 14,2012) (West Hawaii Today: Friday,December 14, 2012) AdftL IF 4 1859 BI 1 eithead Todd Wiliam P.Kenoi J:•,,� a' Dimcror Mayor Marguet K.Masunaga .* Deputy ••ria 'NA West Hawal'i Office E ahl.& ai i Qflice 74-5444 Ane KeolroFelole Hwy • • LOl Pivahi 5iccet,5u'ste 3 74-5 a"Kana,Hawaii'!lolc H County of Hawax`i Hilo,Hawaii 96724 Y,BiI a($ait) Hawa7a phone(848)961-8288 Fax(808)327"3563 PLANNING DEPARTMENT Fix(808)961-8742 December 20,2012 Ms,Monica Morris,Deputy Office of the Attorney General 425 Queen Street Honolulu,HI 96813 Dear Ms.Morris: Special Permit Application(SPP 12-000138) Applicant: Connections New Contoay Public Charter School and Community Based Education Support Services Request. To Develop a K to 12 Charter School Campus with Dorm Facilities, Intergenerational Programs,a Sustainable Agriculture Program and a Forestry/Conservation Program Tax Map They. 2-5&06:141 Please replace the agenda sent with aur December 10,2012 letter with the attached. Should you have any questions regarding the above,please do not hesitate to contact Jeff Darrow of this department at 961-8288,ext. 8158. Sincerely, �3j LE BAD TO Plamling Director Att. cc: Connmtions New Century Public Charter School&CBESS AOL DEC 2 1 loll wy�a eohnlannineden�com Hawai'l County Is an Epol oppornrnlly Provider and Einplo.Wr ciannin ei, hl—wall-hi.us 1860 NOTICE OF PUBLIC MEETING AND HEARINGS WINDWARD PLANNING COMMISSION COUNTY OF HAWAII Thursday,January 10,2013 Agenda NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92,Hawaii Revised Statutes, Section 6-7.5(a) of the Charter of the County ofHawai`i, and the Planning Commission's Rules of Practice and Procedure. DATE: Thursday,January 10,2013 TIME: 9:00 a.m. PLACE: County of Hawaii Aupuni Center Conference Room 101 Pauahi Street,Hilo,HI 96720 STATEMENTS FROM THE PUBLIC—Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. NEW BUSINESS-- 9:00 a.m. 1. APPLICANT- AGUINALDO 4,LLC (REZ 12-159) Application for a Change of Zone from a Single-Family Residential-10,000 square feet (RS-10)to a Village Commercial20,OW square feet(CV-20)zoning district for approximately 1.545 acres of land. The subject property is located at the southeast corner of the intersection of Pa`hoa-Kalapana Road(Highway 130)and Pahoa-Kapoho Road(Highway 132),east of Pahoa High School at Kaniahiku Homesteads,Puna,Hawaii, TMK: 1-5-003:037. 2. APPLICANT: PARADISE HELICOPTERS (SPP 12-143) Application for a Special Permit to allow the construction and establishment of a helicopter landing area on a 10,000 square-foot portion of 1.003-acre parcel situated within the State Land Use Agricultural District. The property is located at the southwestern corner of Plumeria Street and Hoku Avenue in Royal Gardens Subdivision,Puna,Hawaii, TMK: 1-1-114:022. 3. APPLICANT: MATTHEW W. CASTRO (SPP 12-144) Application for a Special Permit to allow the construction and operation of an approximately 225 square-foot certified cold kitchen facility for the preparation of dried fish on a one-acre parcel situated withh-i the State Land Use Agricultural District, The subject property is located along the southwest(rnauka) side of 29`x' Avenue, approximately 1,200 feet from its intersection with Paradise Drive,Hawaiian Paradise Park Subdivision, Puna, Hawaii, TMK; 1-5-033:130. 186 NEW BUSINESS— 9.30 a.m. 4. INITIATOR: COUNTY COUNCIL (BIH No, 291) Bill No. 291 regarding a proposed amendment to Chapter 25,Article 6,Division 1 of the Hawaii County Code 1983 (2005 Edition,as amended),relating to Planned Unit Development(P.U.D.). The purpose of Bill No. 291 is to clarify procedural guidelines, define the requirements of a P.U.D.permit, and to add the Planning Commission(s)and the County Council to the review and approval process for a P.U.D permit. Initiates amendments to Chapter 25 (Zoning Code),Article 6,Division 1,relating to P.U.D; Amends Section 25-6-1 relating to Purpose. Deletes Section 25-6-2 relating to Minimum land area required. Amends Section 25-6-3 relating to application for P.U.D.permit. Amends 25-6-4 relating to Notice of action on a P.U.D. application, Deletes Section 25-6-5 relating to Procedure for processing P.U.D. application when use not permitted in district. Amends Section 25-6-6 relating to Actions by director on P.U.D.permit applications and replaces it with Procedure for processing P.U.D. application, adds Section 25-6-7 relating to Conditions imposed on P.U.D., and Section 25-6-8 relating to Review and approval of final site plans. Deletes Section 25-6-10 relating to Criteria for granting a P.U.U.permit. Replaces Section 25-6-11 relating to Height exceptions authorized with Construction in conformity with approved final site plans, and Section 25-6-12 relating to Approval of variances,use permits and plan approvals issued under P.U.D. permit with Plan approval issued by approval of final site plans. Amends Section 25-6-13 relating to Effect of P.U.D.permit on other zoning provisions. Amends Section 25-6-14 relating to Time extension and amendments. Amends Section 25-6-15 relating Appeals to Appeal of director's actions on P.U.D. final site plans. 5. RUTIATOR: PLANNING DIRECTOR Amendment to Chapter 25,Article 6,Division 1 of the Hawaii County Code 1983 (2005 Edition, as amended),relating to Planned Unit Development(P.U.D.).The purpose of the proposed bill is to clarify the purpose of a P.U.D.,clarify procedural guidelines for subn-fitting aG P.U.D.application,,define the regniremen%of a P.U.D.project,and to provide an opportunity for greater community involvement in the approval process for a P.U.D. permit. Initiates amendments to Chapter 25 (Zoning Code),Article 6,Division 1,relating to P.U.D. Amends Section 25-6-1 relating to purpose. Amends Section 25-6-3 relating to requirements of application for F.U.D.peanit Amends Section 25-64 relating to notice of action on P.U.D.application.Amends Section 25-6-5 relating to procedure for processing application when use not permitted in district. Amends Section 25-6-6 relating to actions by director on P.U.D.permit applications. Adds Section 25-6-7 relating to community meeting required prior to submittal of an application for a P.U.D. Amends Section 25-6-10 relating to criteria for granting a P.U.D,permit. Amends Section 25-6-11 relating to height exceptions authorized. Amends Section 25-6-12 relating to approval of variances, use permits and plan approvals issued under P.U.D.permit, Amends Section 25-6-13 relating to effect of P.U.D, permit on other zoning provisions. Amends Section 25-6-14 relating to time extensions and amendments. Amends Section 25-6-15 relating to appeals. .a a UNFINISHED BUSINESS—10:00 a.m.. 6. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL /CBESS (SPP 12-138) Continued hearing on an application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edits Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kan mann, South Hilo,Hawaii,TMK:2-5-006:141. U1wT_EMHED BUSINESS-1:001.rn. 7. INFTIATOR: PLANNING DIRECTOR Discussion of possible amendments to Planning Commission Rule No. 12 regarding the Geothermal Asset Fund relating to procedures and guidelines for the processing of proposed community approved geothermal impact mitigation projects within the District of Puna. MINUTES Approval of Minutes of the December 6,2012 meeting ADMIMSTRATIVE MATTERS 1. Discussion regarding letter dated August 2, 2012 from Council Chairperson Dominic Yagong to Windward Planning Commission Chairperson Zendo Kern requesting information on the process for requesting use of the Geothermal Asset Fund to fund a health study as a community approved mitigation project for the Puna community to address the alleviation or attenuation of direct detrimental effects of geothermal operations permitted under Geothermal Resources Permit No. 2. 2. Discussion regarding letter dated August S,2012 from Councilperson Fred Blas to Windward Planning Commission Chairperson Zendo Kern requesting information on procedures for requesting use of the Geothermal Asset Fund to find a health study for Puna to determine the possible negative impacts of geothermal power producing activities at the Puna Geothermal Venture Plant. 3. Status of applications heard by Windward Planning Commission that are pending before County Council. ANNOUNCEMLNTS. A17J0UJNMENT The purpose of the public hearings is to afford all interested persons a reasonable opporttinity to be heard on the above matters. Submitting Testimony; Accordhig to Rule 1 (General Rules)of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name; residence address; and whether the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the testimony. Written •a 1863 testimony shall be submitted with an original and nine copies prior to testifying. The Commission would appreciate timely submittal to the Planning Department at least one week prior to the hearing date to allow for mailing and thorough Commission review. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. Pursuant to Rule 4,Contested Case Procedure,of the County of Hawaii Planning Commission Rules of Practice and Procedure,any person seeking to intervene as a party to a contested case bearing on Agenda Item Nos. 2&3 above is required to file a written request which must be received in the office of the Planning Department no later than seven(7) calendar days prior to the Planning Commission's first public meeting on the matter. Such written request shall be in conformity with Rule 4,in a forth as provided by the Plarming Department entitled "Petition for Standing in a Contested Case Hearing." The written petition/request shall be filed with the Planning Commission at Aupuni Center, 101 Pauahi Street, Suite 3,Hilo,Hawaii 96720, and accompanied by a filing fee of$200 payable to the Director of Finance. Any party may retain counsel if that person so desires. Rule 4 may be inspected or purchased($2.50)at the above-cited location. Rule 4 may also be viewed at the County of Hawai`i website (http://www.co.Hawaii.hi.-as). Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist {Article 15, Section 2-91.3(b),Hawaii County Code}. A lobbyist means"any individual engaged for pay or other consideration who spends more than five hours in any month or$275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." (Article 15, Section 2-91.3(a)(6),Hawaii County Code) Registration forms and expenditure report documents are available at the Office of the County Clerk,25 Aupuni Street,Room 1402,Hilo,Hawaii 96720. Copies of the applications and maps showing the general locations and boundaries of the areas under consideration and/or plans of the proposed developments are on file and open to inspection during office hours at the PIanning Department,Aupuni Centra, 101 Pauahi Street, Suite 3,Hilo,Hawaii and at the Planning Department—West Hawaii Office,West Hawaii Civic Center,74-5044 Ane Keobokalole Highway,Kathie-Kona, Hawaii. Anyone who requires an auxiliary aid or service,other reasonable modification,or language interpretation to access this meeting please contact Sharon Nomura(961-8155)or Daryn Arai(961-8142)of the Planning Department as soon as possible,but no later than five days prior to the meeting date,to arrange for accommodations. "Other reasonable modification"refers to communication medwds or devices for people with disabilities who are mentally and/or physically challenged. Hawai`i County is an Equal Opportunity Provider and Employer. WINDWARD PLANNING COMMISSION DEAN AU, Chairperson (Hawaii Tribune Herald: Thursday,December 27, 2012) (West Hawaii Today. Thursday, December 27,2012) 4 1864 !1 r. r 5,.fff Ni William P.Kenoi Br Leitbead Todd W Maw Drreder Margaret K.Masunaga MU Depviy West Hawai`f OEire Fest Hawd'i Ofcit- 74-5044 Am Kmhotmtok Hwy 101 Pauahi Sued Suite 3 tai -Kos Hewai,96740 County of Hawa i Hilo.Hawari%720 Phone(868)323-4770 Phone(808)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961.8742 December 20,2012 Connections New Century Public Charter School 174 Kamehameha Avenue Hilo,HI 96720 Dear Representative of Connections New Century Public Charter.School: Special Permit Application No. 12-000138(SPP 12-000138) Applicant: Connections New Century Public Charter School/CBESS Subject: Receipt for Continuance Filing Fee Tax MQ Ke 2-5-006-141 This is to acknowledge receipt of the submittal of the filing fee for a continuance for the above referenced application. We are enclosing a receipt for your records. If you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely4LEAD 1TODD Planning Director Enclosure: Receipt for Continuance Filing Fee 7WD:smt P:%wpwin601JefflLetterslAcknowledge Receipt Le fterslL,Connecdons-SPP 12.138-AckReceiptForCont.d oe bEC 2 1 71nIt Ww��.coh fan_ iEg �nedenLCM HaxmiYCounty IsanEqual Oppor[unilyPmvlderand sl*ployer 1865 Planning Dep e, PLAPARTMENT Route SlipSOU-M OF HAWAII Date: - [ ]Director ZD11 DEC 17 PH : [0 C ]Deputy [ ]Pvt.Secretary N. ': Long Range Division ]Manager i [ ]PIanner ,o Administrative Permits Z ! [ 1 Manager Planner ]Zoninglnspector Zoning Clerk N � Planning Dlvislon [ ]Manager Q U [ ]Planner Z)i-�� � [ ]See.to Commission W x z Q 11 o . West Hawaii Office O o o O [ ]Manager [.]Planner [ ]Inspector o Drafting Section [ ]Draftsman Lu u, cc Wa a W o oa 0 pp General Administration [ I Personnel Clerk _ l V;s`7S wongd IOI [ ]Account Clerk UUMIR Jo f4unoD Pile ]See Me ]Circulate [ ]Draft Reply [ ]Review&Comment ] ]Appropriate Action [ ]Investigate&Report [ ]Recommendation Remarks: 11 � { BY: 1 1 866 a CEI. ro ol \ {;N IN il wx.: WX a o 3 rm 0 ° o LL :. AS.ZLrl � .o.. : rm S is UW;a' ru W E U to LLI 42. XP rm LLI OX. ji 95 £"als '4s%mad i0X ,. p:0.:. :�'' ..`,�. " �'_E; WEH Jo Amts D -rtoo---) is p•o;• :�'az:,n C: 77, 1867 ' A Ted H.S. Hong �i `= Attorney at Law CmpWment,Workplace Law&Litigation t , 'I:f,.:; =`x Sue Lee Loy Planner and legal Assistant December 31, 2012 The Honorable Bobby Jean Leithead�Todd,Director County of Hawaii Planning Department 1y 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 RE: Special Permit Application(SPP 12-000138) Connections New Century Public Charter School("Connections")and Community Based Education Support Services ("CBESS") TMK 3 2-5-006:141 ry,'--: ;{- Dear Ms.Leithead-Todd: k,: On or about December 28 2012 at the direction and permission of Community Based Education Support a , Services("CBESS") our office mailed a notification of surrounding property owners that included : y4xf information related to Special Permit Application—SPP 12-000138 and its continuance before the - Windward Planning Commission. Enclosed lease find the followingthat completes the Applicant's Notice to Surrounding Property rty Y 'M. Owners. items The i e are: t ` • Declaration of Mailing : ti1':�r; • True copy of the Notice to Surrounding Property Owners. List of Surrounding Property Owners with 500-feet of the subject property. A radius reap of 500-feet. i Should you have any questions or concerns regarding this submittal,please call me or Sue Lee Loy of my .r, office at(808)933-1919. Your time and kind attention in this matter is greatly appreciated. Sincerely, Ted H.S.Hong, _ fir•. C. Client SCANNED JAN 8 2013 B Y ELUL !.'' P.O. Box 4217 Hfto, fyawaf'i 95720 Phone: (808) 960-3156 Frtriatl: ted0tedhonglav 1868 DECLARATION OF MAILING 1Q!WTV np V.K All 2013 JAN -7 PH 2-- 29 I, SUSAN L.K. LEE LOY,hereby declare under penalty of perjury that the following statements are true and correct: 1. On or before December 28,2012,1 was given permission and direction to prepared and transmit a Notice to Surrounding Property Owner of Special Permit Application (SPP12-000138). 2. On or before December 28,2012,the Notice to Surrounding Property Owner provided information about Special Permit Application- SPP12-000138 continuance. 3. A true and correct copy of Connections Public Charter School/CBESS Notice to Continue to Surrounding Property Owners of Special Permit Application-SPP12-000138 is attached hereto as Exhibit 1. 4. I prepared the List of Surrounding Property Owners of Record within 500 feet based on information available from the County of Hawaii Planning Department,County of Hawaii Real Property Tax Office and Hawaii Information Services,a true and accurate copy is further identified and attached hereto as Exhibit 2. 5. On or before December 28, 2012 I caused Exhibit 1 to be mailed to the surrounding property Owners of Record identified in Exhibit 2. Further your Affiant Sayth Naught. DATED: Hilo, Hawaii, USA K. LEE L 1869 ni Connections Public Charter School December 28,2012 RE: Special Permit Application(SPP 12-000138) Applicant: Connections New Century Public Charter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Dorm Facilities,Intergenerational Programs,a Sustainable Agriculture Program and a Forestry/Conservation Program Location: TMK:(3)2-5-006:141 Dear Landowner, Lessee or Neighbor: The Planning Commission at its December 6,2012 meeting voted to continue the hearing on the above matter to allow the Office of the Attorney General an opportunity to provide legal counsel to Connections New Century Public Charter School for the above-reference matter and allow for another meeting with area residents. The above matter has been continued to January 10,201Xand a copy of the public notice is attached for your information. Connections New Century Public Charter School("ConnectiorW')and Community Based Education Support Services("CBESS'l provides notice that on July 25,2012,Connections and CBESS submitted a application for a Special Permit(SPP12-000]38)that will allow for the development of a K to 12 Charter School Campus with Dorm Facilities Intergenerational Program,a Sustainable Agriculture Program and a Forestry/Conservation Program located at TM K:(3)2-5-006:141_ Again,to reorient you,a copy of the Tax Map Key showing the precise location of the property is attached as Exhibit A and a copy of the Conceptual Site Plan is attached as Exhibit B. SPP12- 000138 is available for public review at the County of Hawaii Planning Department]orated at 101 Pauahi Street, Suite 3,Hilo,Hawaii 96720 and their office can be contacted at(808)961-8288. The property is 70.15 acres of land and is located south of Kaumana Drive and is separated into two parcels by Edita Street. The upper(mauka)parcel comprises of roughly 33 acres and the lower(makai)parcel is approximately 37 acres. If you chose you may express your support or opposition in writing or by oral testimony at the Planning Commission hearing. Please refer to the enclosed public notice(agenda)for the time in which the matter will be discussed. Sincerely, f San elly CB S 174 Kamehameha Ave., Hilo, HI 96720-2834,961-3664,Fax 961-2665 EjxkAkj cpcs@hawaii.rr.com,www.connectionscharterschool.org 1870 �NOmsr_rr, OF nrrrsr tr+MEn Ti►rG • ---- rrQ---.. .. - ----------— ------- ND WINDWARD PLANNING COMMISSION COUNTY OF HAWAPI Thursday,January 10,2013 Agenda NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92,Hawaii Revised Statutes, Section 5-7.5(a)of the Charter of the County of Hawaii, and the Planning Commission's Rules of Practice and Procedure. DATE: Thursday, January 10, 2013 TIME: 9:00 a.m. PLACE: County of Hawaii Aupuni Center Conference Room 101 Pauahi Street, Hilo,HI 95720 STATEMENTS FROM THE PUBLIC—Note that statements from the public regarding any particular item on this agenda will be taken at the time the particular item is called to order. NEW BUSINESS-- 9:00 a.m. 1. APPLICANT: AGUINALDO 4,LLC (REZ 12-159) Application for a Change of Zone from a Single-Family Residential-10,000 square feet (RS-10)to a Village Commerci6-20,000 square feet(CV-20)zoning district for approximately 1.545 acres of land. The subject property is located at the southeast corner of the intersection of Pa-hoa-Kalapana Road (Hghway 130)and Pahoa-Kapoho Road(Highway 132), east of Pahoa High School at Kaniahiku Homesteads,Puna, Hawaii, TMK: 1-5-003:037, 2. APPLICANT: PARADISE HELICOPTERS (SPP 12-143) Application for a Special Permit to allow the construction and establishment of a helicopter landing area on a 10,000 square-foot portion of a 1.003-acre parcel situated within the State Land Use Agricultural District. The property is located at the southwestern corner of Plumeria Street and Hoku Avenue in Royal Gardens Subdivision, Puna, Hawaii, TMK: 1-1-114:022. 3. APPLICANT: MATTHEW W. CASTRO (SPP 12-144) Application for a Special Permit to allow the construction and operation of an approximately 225 square-foot certified cold kitchen facility for the preparation of dried fish on a one-acre parcel situated within the State Land Use Agricultural District. The subject property is located along the southwest(mauka)side of 29"Avenue, approximately 1,200 feet from its intersection with Paradise Drive, Hawaiian Paradise Park Subdivision, Puna,Hawai'i, dalk T1v1K: 1-5-033:130. 1871 - ----NEWRUSWESS--n- 9:30-a.m.- 4. TNITTATOR: COUNTY COUNCIL (Bill No. 291) Sill No. 291 regarding a proposed amendment to Chapter 25, Article 6, Division 1 of the Hawaii County Code 1983 (2045 Edition,as amended), relating to Planned Unit Development(P.U.D,), The purpose of Bil I No. 291 is to clarify procedural guidelines, define the requirements of a P.U.D. permit, and to add the Planning Commission(s) and the County Council to the review and approval process for a P.U.D permit. Initiates amendments to Chapter 25(Zoning Code),Article 6,Division 1, relating to P.U.D. Amends Section 25-6-l relating to Purpose. Deletes Section 25-6-2 relating to Minimum land area required. Amends Section 25-6-3 relating to application for P.U.D. permit. Amends 25-6-4 relating to Notice of action on a P.U.D. application. Deletes Section 25-6-5 relating to Procedure for processing P.U.D. application when use not permitted in district. Amends Section 25-6-6 relating to Actions by director on P.U.D. permit applications and replaces it with Procedure for processing P.U.D. application, adds Section 25-6-7 relating to Conditions imposed on P.U.D., and Section 25-6-8 relating to Review and approval of final site plans. Deletes Section 25-6-10 relating to Criteria for granting a P.U.D. permit. Replaces Section 25-6-1 t relating to Height exceptions authorized with Construction in conformity with approved final site plans, and Section 25-6-12 relating to Approval of variances, use permits and plan approvals issued under P.U.D. permit with Plan approval issued by approval of final site plans. Amends Section 25-6-13 relating to Effect of P.U.D. permit on other zoning provisions. Amends Section 25-6-14 relating to Time extension and amendments. Amends Section 25-6-15 relating Appeals to Appeal of director's actions on P.U.D. final site plans. 5. INITIATOR: PLANNING DIRECTOR Amendment to Chapter 25, Article 6,Division 1 of the Hawaii County Code 1983 (2005 Edition, as amended), relating to Planned Unit Development(P.U.D.). The purpose of the proposed bill is to clarify the purpose of a P.U.D., clarify procedural guidelines for submitting a P.U.D. application, define the requirements of a P.U.D. project, and to provide an opportunity for greater community involvement in the approval process for a P.U.D. permit. Initiates amendments to Chapter 25(Zoning Code),Article 6, Division 1, relating to P.U.D. Amends Section 25-6-1 relating to purpose. Amends Section 25-6-3 relating to requirements of application for P.U.D. permit. Amends Section 25-6-4 relating to notice of action on P.U.D. application. Amends Section 25-6-5 relating to procedure for processing application when use not permitted in district. Amends Section 25-6-6 relating to actions by director on P.U.D. permit applications. Adds Section 25-6-7 relating to community meeting required prior to submittal of an application for a P.U.D. Amends Section 25-6-10 relating to criteria for granting a P.U.D. permit. Amends Section 25-6-11 relating to height exceptions authorized. Amends Section 25-6-12 relating to approval of variances, use permits and plan approvals issued under P.U.D. permit. Amends Section 25-6-13 relating to effect of P.U.D. permit on other zoning provisions. Amends Section 25-6-14 relating to time extensions and amendments. Amends Section 25-6-15 relating to appeals, AMML 2 .f .. �t. 1872 JINFRWSHE"USM8S_—A0:00 a.m. 6. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL ICBESS (SPP I2-I38) Continued hearing on an application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaurnana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo, Hawaii, TMK: 2-5-006.141. UNFINISHED BUSINESS—1:00 .m. 7. INITIATOR: PLANNING DIRECTOR Discussion of possible amendments to Planning Commission Rule No. 12 regarding the Geothermal Asset Fund relating to procedures and guidelines for the processing of proposed community approved geothermal impact mitigation projects within the District of Puna. MINUTES Approval of Minutes of the December 6, 2012 meeting ADMINISTRA'T'IVE NATTER 1. Discussion regarding letter dated August 2, 2012 from Council Chairperson Dominic Yagong to Windward Planning Commission Chairperson Zendo Kern requesting information on the process for requesting use of the Geothermal Asset Fund to fund a health study as a community approved mitigation project for the Puna community to address the alleviation or attenuation of direct detrimental effects of geothermal operations permitted under Geothermal Resources Permit No. 2. 2. Discussion regarding letter dated August S, 2012 from Councilperson Fred Blas to Windward Planning Commission Chairperson Zendo Kern requesting information on procedures for requesting use of the Geothermal Asset Fund to fund a health study for Puna to determin6 the possible negative impacts of geothermal power producing activities at the Puna Geothermal Venture Plant. 3, Status of applications heard by Windward Planning Commission that are pending before County Council, ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above matters. Submitting Testimon : According to Rule 1 (General Rules) of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name, residence address-, and whether the testimony is on herlhis behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the testimony. Written 3 1873 --- testimony shall-besubmittedwith an original.and.nine_copies.prior..to.testifying. The, prior to the hearing date to allow for mailing and thorough Commission review. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. Pursuant to Rule 4, Contested Case Procedure, of the County of Hawaii Planning Commission Rules of Practice and Procedure, any person seeking to intervene as a party to a contested case hearing on Agenda Item Nos. 2& 3 above is required to file a written request which must be received in the office of the Planning Department no later than seven(7) calendar days prior to the Planning Commission's first public meeting on the matter. Such written request shall be in conformity with Rule 4, in a form as provided by the Planning Department entitled "Petition for Standing in a Contested Case Hearing." The written petitiontrequest shall be filed with the Planning Commission at Aupuni Center, 1411 Pauahi Street,Suite 3, Hilo,Hawaii. 96720, and accompanied by a filing fee of$200 payable to the Director of Finance. Any party may retain counsel if that person so desires. 'Rule 4 may be inspected or purchased ($2.50) at the above-cited location. Rule 4 may also be viewed at the County of Hawai'i website (http://www.r,o.Rawaii.hims). Notice to Lobbyists: If you are a lobbyist, you must register with the Hawaii County Clerk within five days of becoming a lobbyist (Article 15, Section 2-91.3(b), Hawai'i County Code). A lobbyist means"any individual engaged for pay or other consideration who spends more than five hours in any month or$275 in any six-month period for the purpose of attempting to influence legislative or administrative action by communicating or urging others to communicate with public officials." (Article 15, Section 2-91.3(x)(6), HawaN County Code) Registration forms and expenditure report documents are available at the Office of the County Clerk, 25 Aupuni Street; Room 1402, Hilo,Hawai'i 96720. Copies of the applications and maps showing the general locations and boundaries of the areas under consideration and/or plans of the proposed developments are on file and open to inspection during office hours at the Planning Department, Aupuni Center, 101 Pauahi Street, Suite 3,Hilo,Hawaii and at the Planning Department--West Hawaii Office, West Hawai'i Civic Center, 74-5044 Ane Keohokalole Highway,Kailua-Kona, Hawaii. Anyone who requires an auxiliary aid or service, other reasonable modification, or language interpretation to access this meeting please contact Sharon Nomura(961-8155)or Daryn Arai(961-8142)of the Planning Department as soon as'possible,but no later than five days prior to the meeting date,to arrange for accommodations. "Other reasonable modification"refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Hawaii Co only is wi Equal Opportunity Provider and Employer. WINDWARD PLANNING COMMISSION DEAN AU, Chairperson (Hawaii Tribune Herald: Thursday, December 27,2012) (West Hawaii Today: Thursday, December 27, 2012) 4 1874 a 16 r r� • L •� tr y 7 �f • f 3.,`ria. o • IN, la lk ► w' •� � st 16 � qL r ,e � • � i IL 40 AN kt i = r,•jr �• � ii � I �� r °�• ® a z i a; e i Ali��! l a i `�Ff �� � • ° � jr�1p J � Z �w ,� • a u� _ 6 � I cit�� k 4 y � b3• i lUl c � � • i � •i • s i• _; i • S► IY� ��'• p Q' F•.. .•ct�x ;pf •—.----�i.�.•,:wr�r1.:::T�'cr mew , �'� ..�Se i:!•'r.�;y ry i.'F:Isrinn+�!it lali.. 1875 O x� Il - O '---fes � r J a s' ff f . I � Y z � 4 • � V S W 4 1876 TMK Owners) Owners Mailing Address 2-5.006:003 State of Hawaii NLA Segawa,Wesley R 19 Puuko Street 2-5-006:052 Se awo, Phyllis E Hilo,Hawaii 96720 Kidds Development 616 Moaniala Street 2-5-006:061 c/o James Pa as,Treasurer Honolulu,Hawaii 96821 1342 Kilauea Avenue 2-5-006:160 Brilhante-Hawaii,Inc Hilo,Hawaii 96720 616 Moaniala Street 2-5-006:151 Pappas,Marilyn J.Trust Honolulu,Hawaii 96821 282 Edita Street 2-5-061:033 Riley,Randell A Hilo,Hawaii 96720 272 Edits Street 2-5-061:032 Batallo,Roxanne-Jay Cana Hilo,Hawaii 96720 Yamashiro,Lorna Y 50 Monulele Street 2-5-061:031 Yamashiro,Nell Hilo,Hawaii 96720 Iwasaki,Alan 232 Edits Street 2-5-061;029 Iwasaki, Patsy Hilo,Hawaii 96720 77 Kukita Street 2-5-061:028 Mochida,Ivan S.Trust Hilo,Hawali 96720 Gomes,Jeffrey,Kolani 281 Edtta Street 2-5-061:001 Gomes,Wendy Keiko Hilo,Hawaii 96720 Tada,Glenn K 259 Edita Street 2-5-061:002 Tado,Karn N Y Milo,Hawaii 96720 1416 Pu'u Ate Place AWL 2-5-061:003 Sakamoto,Ernest A Trust Hilo,Hawaii 96720 1360-D Mole Manu Street 2-5-061:012 Akamine,Chun Y Trust Hilo,Hawaii 96720 Aroujo,Lorrin T 1358-D Mole Manu Street 2-5-061.011 Araujo,Margareta Hilo,Hawaii 96720 Fuke,Aileen S 1358 Mele Manu Street,Apt.C 2-5-061:010 Fuke,Sidney M Hilo,Hawaii 96720 1360 C Mole Manu Street 2-5-061:013 Shiro,Douglas T Hilo,Hawaii 96720 1360 Mele Manu Street#B 2-5-061:014 Bevington Fornl Trust Hilo,Hawaii 96720 Camacho,Brenda M K 1414-A Mole Manu Street 2-5-061:017 Camacho,david W Jr. Hilo, Hawaii 96720 Nishimoto,Nelson N 1414 Mele Manu Street,Apt.B 2-5-061:018 Omoto,Patty Klyoko Hilo, Hawaii 96720 Novak,Allen L 1414 C Mole Manu Street 2-5-061:019 Novak,Layne Y M Hilo,Hawaii 96720 Ludoff,Elaine L H Wilhelm, Steve K 1416 C Mele Manu Street 2-5-061:020 Wilhelm, Patricia J Hilo,Hawali 96720 Takata,Brice Hiroshi c/o 777 Ainako Avenue 2-5-061:021 Takata,Christine Lelko Hilo,Hawaii 96720 Chun,Mark Richard 250 Edits Street 2-5-061:030 Takamiya,Marianne Yasuko Hilo, Hawaii 96720 P.O. Box 5915 2-5-061:022 Herzog,Markus 2010 Trust Hilo,Hawaii 96720 JEx�aibi�_ 1877 1464 Mete Manu Street 2-5-061:041 Mok,TR Hilo,Hawaii 96720 Arzaga,Noemi L 1468 Mete Manu Street 2-5-061:042 Arzaga,Rudy D Hilo,Hawaii 96720 1488 Mel*Manu Street 2-5-061:043 Hudak,Daniel Robert Hilo, Hawaii 96720 Verlato,Franklin D 1500 Mel*Manu Street 2-5-061:044 Veriato,Virginia L Hilo, Hawaii 96720 Mural,Gary 299 A Alu Road 2-5-061:045 Mural,Jacqueline K Wailuku,Hawaii 96793 Kanahele,Kip Masao 1520 Mete Manu Street 2-5-061:046 Kanahele,Valerie-Ann Leiko Hilo,Hawall 96720 1342 Kilauea Avenue 2-5-061:106 Brllhante-Hawaii,Inc. Hilo,Hawaii 96720 1342 Kilauea Avenue 2-5-061:105 Brilhante-Hawaii,Inc. Hilo,Hawaii 96720 1342 Kilauea Avenue 2-5-061:104 Brilhante-Hawaii,Inc. Hilo Hawaii 96720 1342 Kilauea Avenue 2-5-061:103 Brilhante-Hawall,Inc. Hilo,Hawaii 96720 1342 Kilauea Avenue 2-5-061:102 Brilhante-Hawali,Inc- Hilo,Hawaii 96720 1342 Kilauea Avenue 2-5-061:107 Brilhante-Hawaii,Inc, Hilo,Hawaii 96720 Truesdell,Joel W 250 Kristiano Street 2-5-061:049 Truesdell,Elizabeth French Hilo,Hawaii 96720 Santos,Robert 1 Tr 1540 Mele Manu Street 2-5-061:048 Santos,Celeste G Tr Hilo,Hawaii 96720 Wilson,Lee Michael Morita 1536 Mele Manu Street 2-5-061:047 Wilson,Adrian Misae Morita Hilo,Hawaii 96720 243 Mikala Street 2-5-061:068 Kimura,Larry L Hilo,Hawaii 96720 Ogawa,Glenn 1495 Mete Manu Street 2-5-061:069 Kouchi-Ogawa,Gail H Hilo, Hawaii 96720 Bishop,Michael K/zak,Pamela V Trust 1485 Mete Manu Street 2-5-061:070 Botelho,Lee Llllani Hilo,Hawaii 96720 1473 Mele Manu Street 2-5-061:071 Yamane,Raymond Iwao Trust Hilo,Hawaii 96720 Yamashita,Gary M 1457 Mete Manu Street 2-5-061:072 Yamashita,Rochelle A Hilo,Hawaii 96720 lida,Erwin Y 1449 Mele Manu Street 2-5-061,073 Lam-lida,Julie C Y Hilo,Hawaii 96720 1439 Mele Manu Street 2-5-061:026 Sakamoto,Lester S Trust Hilo,Hawaii 96720 Ignacio,Michael L 141 1 Mele Manu Street 2-5-061:025 Ignacio,Claudia D Hilo,Hawil 96720 Tokuuke,Jon P 1395 Mele Manu Street 2-5-061:024 Taira-Tokuuke,Patti H Hilo, Hawaii 96720 Shozuya,Eric M 1380 Mete Manu Street 2-5-061:016 Shozuya, Barbara L 1HIlo, Hawaii 96720 1878 c/o Dana Kenny Hawaiian island Homes Ltd 162 Kinoole Street,Ste 201 2-5-061:015 HIHL Melemanu LLC Hilo,Hawaii 96720 Yokota,Melvin H 1358-A Mele Manu Street 2-5-061:008 Yokoto,Jan Hilo,Hawaii 96720 Konemoto,Wayne K Trust 1358E Male Manu Street 2-5-061:009 Konemoto,Amy Emiko Trust Hilo,Hawaii 96720 72 Palua Loop 2-5-061:007 Su i aura,Bryan Hiroaki Family Trust Hilo,Hawaii 96720 Kimura,John T TTEE 1300 Mele Manu Street 2-5-061:006 Kimura,Gall K Trust Hilo, Hawaii 96720 1290 Male Manu Street 2-5-061:005 Leong,Kell AI son Y Kakugawo Trust Hilo, Hawaii 96720 Hirano,Wataru Sano, Phyllis Anne Hirano-Omizo,Naomi Y Trust 235 Edita Street 2-5-061:004 Hirano,Shinae Hilo,Hawaii 96720 2-5-061:036 various 2-5-061:039 various 25 Aupunl Street 2-5-061:080 County of Hawaii Hilo,Hawaii 96720 Nagai,Masaru/Nancy Trust 1035 Kaumona Drive 2-5-011:011 Nagai,Nancy Hilo,Hawaii 96720 Cling,Carroll D 1045 Kaumana Drive 2-5-011:012 Ging, Donnie Foe Hilo,Hawaii 96720 Papalimu,Joseph Kaimi 1053 Kaumana Drive 2-5-011:013 Pa alimu,Kahiolani Juanita Hilo,Hawaii 96720 Fergerstrom,Norma R 1065 Kaumana Drive 2-5-011:014 Fegerstrom,Arnold TR Hilo,Hawaii 96720 Crivello,Ronald Anthony 1073 Kaumana Drive 2-5-011:015 Crivello,Loretto Alejandro Hilo,Hawaii 96720 Sato,Mark M P.O. Box 529 2-5-011:016 Sato,Melissa A Kaneohe,Hawaii 96744 20 Wawai Loop 2-5-011:017 Fergerstrom,Arnold TR Hilo,Hawaii 96720 1147 Kaumana Drive 2-5-011-.018 Rushlaw,John Howard Hilo,Hawaii 96720 Spencer,Thomas S Trust 1110 Kaumana Drive 2-5-011:019 Spencer,New Tan Decd Hilo,Hawaii 96720 Wilson,Aiko T 1090-A Kaumana Drive 2-5-011:020 Wilson,Cyrus H Hilo,Hawaii 96720 1131 Kaumana Drive 2-5-011:038 Carvalho John G Hilo,Hawaii 96720 1131 Kaumana Drive 2-5-011:039 Carvalho,John G Hilo,Hawaii 96720 c/o Barbara Brlckwood-Correa 1068 B Kaumana Drive 2-5-011:043 Correa family Trust Hilo,Hawaii 96720 Hardenbrook,Christopher Graves 1013 Kaumana Drive 2-5-011:009 Sears,Leslie Elizabeth Hila,Hawaii 96720 1879 Sasamura,Theodore Hajime Sasamura,Janet Reiko Leong,Sandra H 1023 Kaumana Drive 2-5-011:010 Sasamura,Craig T Hilo,Hawaii 96720 c%Barbara Brickwood-Correa 1068 B Kaumana Drive 2-5-011:021 Correa Family Trust Hilo,Hawall 96720 c/o Barbara Brickwood-Correa 1068 B Kaumana Drive 2-5-011:022 Correa Family Trust Hilo,Hawail 96720 Zane,Clifford K S 553 Hiliei Place 2-5-011:023 Zane,Linda K O Wailuku, Hawaii 96793 P.O. Box 166 2-5-011:024 Kusch,Matthias Walf rid Pepeekeo,Hawaii 96783 Phillips,William J Jr 1036 Kaumana Drive 2-5-011:025 Sweet-Phillips,Drenna M Hilo, Hawaii 96720 Nakano,Sharon Matsuyo 1005 Kaumana Drive 2-5-011:044 Nakano,Owen Tadashi Hilo, Hawaii 96720 Hinck,Steven James 4646 Fort Davis Street 2-5-011:048 Hinck,Krystn Lee Simi Valle ,California 93063 993 C Kaumana Drive 2-5-011:050 Arruda,Jo Ann R Trust Hilo,Hawaii 96720 P.O. Box 2463 2-5-027:021 Caravolho Family Trust Kailua-Kona,Hawall 96740 3572 Nlpo Street 2-5-027:001 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 Yamamoto,Elise CO-TTEE 1245 Kaumana Drive 2-5-027:002 Yamamoto,Fu ie F Trust Hilo,Hawaii 96720 1876 Hale O Kea Street 2-5-027:003 Okutsu,Randal S Trust Hilo,Hawaii 96720 3572 Nipo Street 2-5-027:058 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2.5-027:059 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027:060 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027:061 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027:062 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 3572 Nlpo Street 2-5-027:063 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027:064 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 3572 Nlpo Street 2-5-027:065 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027,066 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 3572 Nipo Street 2-5-027:067 Mitsunaga,Edith S Trust Honolulu,Hawaii 96822 1880 1215 Kaumana Drive 2-5-027:024 Otani,Katsuko Trust Hilo Hawail 96822 Otani,Jean S 1215-B Kaurndna Drive 2-5-027:025 Otani,Jean S Trust Hilo Hawaii 96720 Ushijima,Dean K 1215 Kaumana Drive Apt.C 2-5-027:026 Ushi'ima,Else H Hilo,Hawaii 96720 Segawa, Rodney Mary F 1215 D Kaumana Drive 2.5-027:027 Segawa,Susan Marie Hilo,Hawaii 96720 Ebesu,Royce T Jr 1215 G Kaumana Drive 2-5-0271068 Ebesu,Jane L A Hilo Hawaii 96720 1215 G Kaumana Drive 2-5-027:069 Ebesu,Janey L A Trust Hilo, Hawaii 96720 Segawa,Rodney M F 1215 D Kaumana Drive 2-5-027:070 Segawa,Susan Marie Hilo Hawaii 96720 3 213 A Kaumana Drive 2-5-027:005 Sato,Sandra Hilo,Hawaii 96720 Hasegawa,Edward K 250 N Judd Street 2-5-027:046 Hasegawa,Caroline G C Honolulu,Hawaii 96817 1209 A Kaumona Drive 2-5-027:043 Perez Catalina A Hilo,Hawaii 96720 Okuhora,Henry S P.O.Box 945 2-5-027:044 Okuhara,Norine N Hilo,Hawaii 96721 Turner,Jason Phillip 12090 Kaumana Drive 2-5-027:045 Turner,Jennifer Sims Hilo,Hawaii 96720 823 Kaumana Drive 2-5-027:053 Tsuchiya, Karl K Hilo,Howali 96720 Paiva,Paul P 1369 Kaumana Drive 2-5-027:054 Poivp Shawn M Hilo,Hawaii 96720 1155 Kaumana Drive 2-5-027:055 Komatsu,Garret T Hilo,Hawaii 96720 Inouye,Tatsuo Trust 2230 Apoepoe Street 2-5-027:056 Inouye,June Trust Pearl City,Hawaii 96782 Goya,Melvin H Trust 1 170 Kaumana Drive 2-5-027:047 Goya,Kiyono Trust Hilo Hawaii 96720 Kuwahara,Bryson T 1 142 Kaumana Drive 2-5-027:057 Kuwahara,Lorna T Hilo Hawafi 96720 Kuwahara,Bryson T 1 142 Kaumana Drive 2-5-027:007 Kuwahara,Lorna T Hilo,Hawaii 96720 Oliveira,Mary Jane Oliveira,Manuel Ill 1 150 Kaumana Drive 2-5-027:008 Oliveira,Manual Jr Hilo,Hawaii 96720 98-459 Hoono Street 2-5-027:009 Yahato,Michiko Pearl City,Hawaii 96782 Mottos,David J P.O,Box 5599 2-5-027:042 Mottos,Lauri M Hilo,Hawaii 96721 Luiz,Ezekiel Harvey Trust P.O.Box 116 2-5-027:052 Luiz,Noreen Mal Luiz Trust Pe eekeo,Hawaii 96783 Nakamura,Bryce H P.O. Box 294 2-5-027:03.4 Nakamura,Sha I S Captain Cook,Hawaii 96704 1260 Kaumana Drive AftL 12-5-027-.035 Robledo Paulette A Trust Hilo,Hawaii 96720 1881 1266 Kaumana Drive 2-5-027:036 Perreira Family 2008 Trust Hilo,Hawaii 96720 1280 Kaumana Drive 2-5-027:014 Hoshide,Mi oko M Hilo,Hawaii 96720 Shinjo,Hajime 1272 Kaumana Drive 2-5-027:040 Shin o,Aileen C Hilo,Hawaii 96720 Kaneko,Ryan T 1294 Kaumana Drive 2-5-027:037 Kaneko,Aimee A Hilo,Hawaif 96720 1300 Kaumana Drive 2-5-027:036 Yokoyama,Jan K Hilo,Hawaii 96720 Fujisawa,Stanley K Fujisawa, Tammy L Fujisawa, Curtis S 1296 Kaumana Drive 2-5-027:039 Fu'fsawa,Minerva S Hilo,Hawaii 96720 2-5-027:015 State of Hawaii 1348 Kaumana Drive 2-5-027:023 Nokomoto,Tsuru o Trust Hilo,Hawaii 96720 1360 Kaumana Drive 2-5-027:016 Otani James M Hilo,Hawaii 96720 Matsu,Russell 1352 Kaumana Drive 2-5-027:041 Matsu,Lorraine H Hilo,Hawaii 96720 6 Pokole Way 2-5-027:020 Ota,Hiroshi Shfzoho Trust Hilo,Hawaii 96720 c/o Masutani M K 545 Kaaahi Street 2-5-027:013 Site Engineering,Inc. Honolulu,Hawaii 96817 Oulocho, Leandro Jr 1222-A Kaumana Drive 2-5-027:032 Quiocho,Wanda A Hilo,Hawaii 96720 1100 Launa Street 2-5-0271076 Chock,Kyle Trust Hilo,Hawaif 96720 555 Planlakea Street 2-5-027:012 Chock,Laura Y Trust Hilo,Hawaii 96720 555 Naniakea Street 2-5-027:072 Chock,Laura Y Trust Hilo,Hawaii 96720 1051 Hoomaikai Street 2-5-027:073 Chock,Theone Keam Yung Honolulu,Hawaii 96817 1051 Hoomaikai Street 2-5-027:079 Chock,Theone Keam Yung Honolulu,Hawaii 96817 Takai,Wesley T 1222 E Kaumana Drive 2-5-027:030 Takai,Sandra Y Hilo,Hawaii 96720 P.O.Box 1481 2-5-027:010 Long,Kerry Keith Hilo,Hawaii 96720 Takai,Wesley T 1222 E Kaumana Drive 2-5-027-011 Takai,Sandra Y Hilo Hawaii 96720 Thatcher,John L II 1188 Kaumana Drive 2-5-027:028 Thatcher, Pamela R Hilo,Hawaii 96720 Thatcher,John L II 1188 Kaurnana Drive 2-5-027:022 Thatcher, Pamela R Hilo, Hawaii 96720 Segawa, Herbert A 2-5-027:071 Se awa, Kay K 2-5-027:004 various 1882 Chock,Lorrin S K Trust 1978 Komohana Ext 2-5-027:074 Takemoto-Chock,Naomi Trust Hilo Hawaii 96720 Chock,Lorrin S K Trust 1978 Komohana Ext 2-5-027:080 Takemoto-Chock,Naomi Trust Hilo,Hawaii 96720 1 100 Lauria Street 2-5-027:081 Chock,Kyle Trust Hilo,Hawaii 96720 2-5-027.077 Chock,Laura Y Trust 2-5-027x078 Chock Laura Y Trust Abrll,Carole Y 1222 0 KourAana Drive 2-5-027:033 Abril,Mark A Hilo,Hawaii 96720 Ahia,Lily Auld 2-5-027:019 Ahia,William Kaiaemakani Leao,Tara Kaieiehuaokoleilani 1503 Kaumana Drive 2-5-040011 Lee,Doreen Konani Hilo,Hawaii 96720 98 Kuialoa Road 2-5-040:010 Tomota,KeIN Jennifer Leihua Hilo,Hawaii 96720 Otani,Nodaki Otani,Fujie Otani,Brad Niro Otani,Max Norio 1489 Kaumana Drive 2-5-040.009 Paiva,Shawn Morie Hilo,Hawaii 96720 Hirayama,Ellen Ersuko Hiroyama,Ellen Setsuko Kitamura,Kimiko Kitamura,Susan Setsuko Kitamura,Todayuki 1479 Kaumana Drive 2-5-040:008 Kitamura,Wayne Kozuyukl Hilo,Hawaii 96720 Oldfield,Frances 1473 Kaumana Drive 2-5-040:007 Oldfield,Richard Hilo,Hawaii 96720 Almeida,Jewels Anuenue 561 Alibi Place 2-5-040:006 Almeida,Mark Kaipo Kailuo,Hawali 96734 Hennessey,Brendan J 1447 Kaumana Drive 2-5-040:036 Johnson,Melissa Ann Hilo,Hawaii 96720 Yoshimura,Chiseko 1441 Kaumana Drive 2-5-0.40:005 Yoshimura,Gary K Hilo,Hawaii 96720 250 N Judd Street 2-5-040:035 Hasegawa David A C Trust Honolulu,Hawaii 96817 Tlogangco,Anne A 1391 Kaumana Drive 2-5-040:004 Tiagangco,Jordan I. Hilo,Hawaii 96720 Enoki,Calvin H Trust 1381 Kaumana Drive 2-5-040:003 Sa ama-Enoki,Sandra H Trust Hilo,Hawaii 96720 Kaitoku,George M 1375 Kaumana Drive 2-5-040.002 Kaltoku,Joyce H Wo Hawaii 96720 P.O. Box 4305 2-5-040:040 Hinez,Matthew F Hilo,Hawaii 96720 Oblero,Dain M Oblero,Sean W Rezentes,Henry J 1367 Kaumana Drive 2-5-040:001 Rezentes,Raquel K Hilo,Hawaii 96720 1374 Kaumana Drive 2-5-040:039 Toma,Bryson Hilo,Hawaii 96720 1883 1027 Kagawa Street 2-5-0,40:041 Shaver,James R Pacific Palisades,California 90272 1.468 Kaumana Drive 2-5-040:015 Lee-Ching Richard Trust Hilo Hawaii 96720 Fujimoto,Byron S 142 PAM Street 2-5-040:014 (wase,ShirleyT Milo Hawaii 96720 Rodillas,Francis Herbert 50 Akala Road 2-5-040:018 Rodillos,Martha Ann Hilo,Hawaii 96720 Rodiilas,Francis Herbert 50 Akala Road 2-5-040:042 Rodillas,Martha Ann Hilo,Hawaii 96720 Rubin,Karen Leiko 226 Akala Road 2-5-040:013 Rubio,Lloyd J Hilo Hawaii 96720 2-5-040:012 State of Hawaii Kaumana Cave Park Butz,Marc 55 Akola Road 2-5-040:019 Gian regorio,Desiree Hilo,Hawaii 96720 Flood,Jeanie L 1600 Kaumana Drive 2-5-040:020 Flood,Shawn G Hilo Hawaii 96720 788 Hoihai Street 2-5-014:001 Chong Wallace F Trust Hilo Hawaii 96720 Kearns,Glenn E Trust 33 W Naauao Street 2.5-014:005 Kearns,Virginia V Trust Hilo,Hawaii 96720 Chong,Albert W 1,476 Kikaha Street 2-5-027:048 Chong,Sharon Ann Hilo,Hawaii 96720 AM IF 1884 Legend div✓+J.�����.VMProject Lucation 41 3mrot Buffer t a �/ �� f ,�! ,�J` � < ��`�Z� \fi"\w��jj ✓ �vi��i� �� ��`v�`� '�J �1 s r 7' r fs �y/\j r�•��U�I�y �<v�%JV ✓' yr/ �� / r! ' 1�.,✓i f:^ C /tom �lr S >k`. �/���fj� e� �tiAS ♦ '`'w•Jr ` dl . t' tr ,:// �/��✓/' ice\��� 'i�/��Y7.-•�,i� ��r./f}^S?/�/it'v//i�`//�\�r�4,�� ��� '�,r3 7�x� _� a ! / .SC:_-f adv,/� -G//b('♦F"�''\�j�;1�vF���/y r� � '�1 �1 �f � 4:j� Hs. TMK Pa � '4\' 1`�4. ♦v � � f l yi/--���� Y, l HCl f�\/���.��C� a•}f�� < f -fir`"'�r����;� �YAgricufturD Urban �f'/f♦� yi �fil f r / < �.� r .I - r �— - i:�1 _�1 +/-+�♦"•./� \I '� r ��f �� }t-�'j�\� ��c // -�' It :fir% �\ ��,rrr ~-✓'f �ti 3 ��� -�,���,,�i ♦f/ ��1 -- �b�-J 77-7777 '���a4�,4�6�� 1 q 1 •1t 1 tiV��ij.. jrr �, l"�\-...��'�L3�_,_����""'�t ��` �r ,F •.ri y� �- ix � i, .i,��t��y�.•.ti ��l cYy >���1 C� ?;� � � �-�� Cr ;� ,�Nn f�' a T Old,� PLA Nl,IHG DEP RrYMT 2913 apt . 49 KAUMANA COMMUNITY INFORMATIONAL OUTREACH MEETING 'December 17, 2012 Pleape sign in Name Mailling address 4r / qc L�2g 01,AtA 64 or�V�& J�v e In /!r 17 L4 -*)�A—NNFD ' 0 2�9r ��_ Ety. - 1886 t C ,:ln Law— l� All Ink(P t6ttv 5� H e toyt l/,t4A St- q- 1887 a Connections Public Charter School A Community,Business&Education Learning `Ohana KAUMANA COMMUNITY WpORMATIONAL OUTREACH MEETING (sign-in sheet attached) Eric Boyd,facilitator December 17, 2012- 12:00 Mt:Boyd called the meeting to orders He thanked guests for attending,and went over the agenda: a Q&A opportunity,brief video outlining the project,and review of the community meetings timeline (attached). Mr.Boyd offered an apology for any misunderstandings and miscommunications. Wayne Kanemotw So the property was selected for its size? Eric, Yes,partly "iNK: Then 5o acres for a K-13 school is substantial,there's no need for 50 acres of ag land. Also,its not good ag land. Your cost projection is not possible. I don't want to see this project left unfinished with vacant buildings. The trust has been broken. You have not done a good job. And don't you have a Board? I have not heard from the Board. The adjacent properties were never informed(no letters or notices). A Monday noon meeting is not a way to bzWge a broken trust. Eric: I understnad the meeting time is difficult. We first tried to get the facility at Kaumana Elementary as is the past,but it was unavailable. Ryan Kaneko: So the traffic and water concerns: what have you done to address then? if the permit is approved-,the we're left high and dry? Sue Lee Loy: The County would require an 8'shoulder,up-der the County's jurisdiction,which would be the applicant's responsibility. RIC: And the Kaumana/Edita intersection? SL: We have not seen any modification requests from the County. RIC:Are you being asked to fix Kaumana Drive and Edita Street? SLt I appreciate your questions,it enables me to build the plan. The County holds the applicant responsible for permit compliance. RK: If the permit iso anted,building begins,and compliance not met,then what? SL: the project tivill be phased accordingly, ??: Are there conditions regarding the mauka lot? SL: Yes-no occupied strucitures, The language is being reviewed,and will indlude"in perpetuity"(for the extent of the lease). ??: and the makai side? SL: yes,there is a buffeu: We are trying to include a larger buffer to accomodate adjacent property owners. Nouine Okuhara: who decides? Si.: it's collaborative-applicant,property owners, County,Planning Dept. NO: You should allow me to have my say. Stop until all questions are addressed. My main concern is the water rights. What if I have a fire,and I turn on the faucet and there's no water? You will have a lawsuit! SL: the property is allocated 4200 gal/day. That is among the conditions. That calculation is based on an adjustable scale. 1888 114: I hear you plan to include catchment Catchment won't°pass county'. We have had less and less rain, no way will you be able to catch enough. I'm a retired teachez,fixed income,my husband is handicapped,I can't count on him. I do everything. SL: We appreciate your feedback,it helps me collaborate with the County. NO: Donald Ikeda heard your unkept promises,he's totally against it. Amy Miwa(from Ikeda's office); The County is looking at Kaumana to Edita, How will you include a tum lane? It's too narrow. Who at County told you there`s no traffic signal needed? ??: So you're saying you will only do the minimum required by the County,not what's requested b the community? AM: 'There's no proactive attempt to accomodate neighbors regarding traffic? Eric: both the Oahu company's traffic study and the County's agreed there would be no significant impact AM: I!m trying to clarify the water questions and requirements Eric: the project is phased. The calculation will be reviewed,per phase. We will have to be in compliance. SL: OK, this is where I disclose my participadon'on the Water Board. I am a member. The Board is reviewing Celia's (Celia Shen,Wil Chee Planners)calculations and may revise them. Some problem solving will happen as the project progresses. The I.EED (Leadership in Energy and Environmental Design) certification criteria and catchment will be factors. We are Iooking for answers from the Water Dept,too. Jason'burner: You're asking us to trust you without having any answers. Eric: We do have a plan,and we are working with the County. SL: Mc Brilhante has kept an open door regarding alternate access. ?? (to Sue): what's your role here? SL: I'm a consultant,separate from my work with Mr.Hong's office. Henry Lee Loy: and your position on the Water Board. SL: I'm a member there,not an officer. HL: and there's no conflict with Monica Morris(also a LeeLoy)fro the AG representing? SL: it will all be vetted out. ??: Is the school open to looking for an alternate site? Eric: We are invested here. ??: What criteria were specified(in the request to DLNR)?Were you looking only in Hilo? Eric: We looked for somethong that would be appropriate for ag,and for our demographic,and the right size. ??: so you have no"plan B"in terms of location? Eric: based on what we asked,this was the choice remaining,given our needs and criteria. This is what we're working toward. Layne Novak: The infrastructure is not adequate. You're too big. ??: It's reprehensible that you involved your students. LN: Thatcher and Hong played it out in the media. That's reprehensible. JT: You've broken the trust It doesn't ;natter what you do,we will never agree(with the project). Eric: so you're saying that even if we address all the concerns,you will never support the project? JT: We don't trust you- It doesn't matter what you do. LN: You need to tell your boss to keep quiet You need to tell your boss to shut up. i+dt Boyd adjourned the meeting at 1:50 p.m. 174 Hamehameha Ave.,Hilo,Hawaii 96720 Phone 1-866.961-3664 FAX 1-808-961-2665 email cpcs&ha%-a'sl.mcom 1889 r r r Status Report of Community Meeting Regarding Special Permit Application No. 12-000138 December 17, 2012 A community meeting held on December 17, 2012 to listen to concerns from area residents. The common concerns raised were related to water(availability and ability to support the campus at build-out) and increased traffic some of which is specific to the intersection of Kaumana Drive with Edita Street. These and other concerns raised appeared to be based in some form of a lack of understanding of the land use process,land use regulations and entitlements,misinformation or information taken out of context. In an effort to aid other concerns raised at the community meeting held on December 17, 2012, the following conditions are restated or offered. CONDITION 3 — Prior to the issuance of a water commitment by the Department of Water Supply, the applicant(s) shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii and a water commitment deposit in accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply with 180 days from the effective date of this permit. The calculations must include the estimate peak flow in gallons per day. Should the applicant utilize more than the maximum average daily usage of potable water (4,200 gpd) from the existing County 8-inch water line, the applicant will be required to secure or construct an additional source of potable water or limit the amount of students to the amount of potable water available. RESTATEMENT —The Applicant support this condition which provides assurance to the area residents that the concerns about water availability and ability to support the campus are met CONDITION 12—The applicant shall design project driveways/road,parldng and loading areas so all school traffic and congestion is confined to the project site and does not overflow onto County road. Should adjoining lands be developed in a manner that would provide a reasonable opportunity to provide an alternative means of access to the proposed school site from Puainako Street extension, the applicant shall provide necessary improvements within its own property to facilitate access to Puainako Street extension across adjoining lands when directed by the Planning Director. RESTATEMENT—The Applicant support this condition which provides assurance to the area residents that should reasonable opportunity arise with adjoining land to provide alternative means of access the Applicant will provide the necessary improvement within its own property. This also supports the position of the Planning Director and the Department of Public Works to create road connectivity opportunities. Rc'd at( 0 g by '.wt'd l Read 2 'Y 3 1890 f PROPOSED ADDITIONAL CONDMONS Condition-A The Applicant, successors or assigns shall provide a 50-foot buffer around the perimeter of the makai parcel in which no occupiable' structures shall be permitted. Rationale This condition is proposed to address the concerns of adjacent property owners and provide owners a continued sense of open space and a quality of life previously anticipated while minimizing impacts to adjacent lands to the subject property. Condition-B The Applicant it successors and/or assigns shall maintain the mauka parcel for educational offerings and opportunities related to forestry, conservation and open space as represented in the conceptual plans presented before the Windward Planning Commission within the Special Permit Application for the duration of the Direct Lease with the State Department of Land and Natural Resources and at the consent of the Board of Land and Natural Resources. No occupiable structures shall be permitted on the mauka parcel. Rationale This condition is proposed to address the concerns of the neighbors and provide adjacent property owners a continue sense of open space and provide a quality of life as previously anticipated and minimize impacts to their property. Condition—C Should the need arise to provide additional lands to improve Kaumana Drive, the Applicant it successors and/or assigns shall solely upon the direction of the State Department of Land and Natural Resources and at the consent of the Board of Land and Natural Resources amend the Direct Lease to address real property and its title interest related to the road right-of-way along Kaurnana Drive. Rationale This condition is proposed to facilitate any future roadway widening and/or right-of-way need the County or State of Hawaii may have related to improvements to Kaumana Drive adjacent to the subject property (mauka piece) and provide a commitment to amend the Direct Lease as solely directed by the Department of Land and Natural Resources and at the consent of the Board of Land and Natural Resources. 1 As defined by International Building Code(IBC)which defines an occupiable space as a room or enclosed space Alk designed for human occupancy in which individuals congregate for amusement,educational orsimiiar purposes or In which occupants are engaged at labor,and which is equipped with means of egress and light and ventilation facilities meeting the requirements of this code. 1891 AML January 10,2013 TO:THE WINDWARD PLANNING COMMISSION FROM:ROBERT WAGNER,RESIDENT, PACIFIC PLANTATION This morning as usual,at about 7:20 am., I drove from my residence on Mele Manu Street to work.I exited Edita Street making a right turn onto Kaumana Drive.As i drove down,traffic was as usual for a school day,the traffic began backing up at Terrace Drive and slowed to about 4 or 5-miles per hour once you reached Luana Way.If you are coming out of Luana Way,or the street below(Aipuni Street),you rely on people letting you out,otherwise you cannot enter Kaumana Drive,especially those exiting Aipuni Street,which is roughly a quarter mile away from the intersection of Ainako/Kaumana Drive. Traffic is heavy at this time on Kaumana Drive,it takes me 15 minutes to get to work which Is 4 miles away.You can experience this yourself if you want,just drive down Kaumana Drive at about7:30. The problem I am having is the increase in traffic that will occur as a result of a charter school that has 370 students, not including staff,exiting onto Edita Street,then onto Kaumana Drive,To increase the traffic to those proportions will result In traffic being backed up probably to Hokulani Street,which is roughly a mile away from the Kaumena Drive/Ainako intersection.There are other factors as well that will also increase traffic on Kaumana Drive in the near future: 1) In the very back of Hokulani Street,they opened up several lots, not sure how many, but somewhere in the area of 40.This subdivision is completed and they are selling the lots. 2) Kumulani Gardens,which is a new subdivision opening at the bottom of Alahelenui Street,and also will have an entry exit across from liwipolina Street,will have SS lots,this is a 201H Affordable Housing Project.These exits both enter Kaumana Drive. I have been a resident of Pacific Plantation for 20 years,built my home in 1992,1 have Wed on this island all my life,and in particular Kaumana area for 50 years.A great majority of those living In this area are opposed to the charter school, I would estimate in the high 90 percent range.i only know of one person in my subdivision that is for the charter school,that is one home out of about 70,1 do respect their position. There are other reasons why I do not wish to have the Connections Charter School move in to our subdivision, but these are my main concerns. f� Also realize that I do not trust those in charge of this charter school,they clearly have been deceptive to the outstanding members of my community,and they have also vilified my community in the newspaper,which is very sad.I have seen an email in which they(The Charter School Principal) has refer to the Windward Planning Commission as the Kaumana Planning Coiiimission,clearly implying thatthe 1892 AML Windward Planning Commission has taken sides and is also against them.This type of attitudd fha6s It. very difficult for our community to work with them. RobeAearnu 1590 Street Hilo,Hawaii 96720 AOL 1893 January 10,2013 l Windward planning Commission RE: Special Use Permit Application-Connections Charter School I testified at the December 6 commission meeting emphasizing that the commission focus on the proposed use of the property and whether or not building an educational facility would be appropriate. Again, I would like to provide comments on why the proposed use would not be an appropriate use of the subject property. Although it may be an acceptable use, building a school would not be an appropdafe use of this parcel based on the following: • Based on County per person requirements for water,the County Department of Water Supply has determined that they are unable to provide the property with the required gallons per person. • During the December 6,2012 meeting, principal Thatcher testified that this property was selected based on the State DOE Educational Specifications because it was the only property that met the criteria of 50 acres or more. Since the upper portion of the property has been deemed unusable due to the location of the Kaumana Cave system, the lower parcel (appro)imately 37 acres) no longer meets the State's specifications. In addition to not meeting the criteria of usable acreage, the specifications also requires a minimum of two vehicular access pointes each on a different side of the property. The subject parcel has only one access point from Edita Street. As noted by the Planning Director at the December 6 meeting, future access if any, granted by Mr. Brilhante cannot be a consideration for approval or disapproval of the Special Use Permit Application. As such,you must consider the fact that there is only one vehicular access to this property. • The Projection of Resident Population by District, contained in the County's General Plan clearly shows a steady increase in the projected population of the Puna district. The Hilo district projections remain the same from 2000 to 2020. Based on this, and the goals of the General Plan, there is a greater need to develop public facilities and services in the Puna district. • Also in the General Plan, Section 10.2.3, Education Standards, refer the compliance with the State's education specifications and standards for facilities. As stated above, the useable portion of the proposed site does not meet the State's specifications. Thank you for your time and I hope that you will look closely at the appropriateness of this request based on the above. ICA Lee Botelho 1894 RULE 6. SPECIAL PERMITS 6-1 Authority This rule governs special permit procedures pursuant to authority conferred by Chapter 205-6,Hawaii Revised Statutes, as amended. 6-2 Standina to Submit a petition for a Special Permit Any person who desires to use its land within a State Land Use agricultural or rural district other than for an agricultural or rural use may petition the Commission for permission to use its land in the manner desired. 6-3 Petitin and Content A petition for a Special Permit shall be filed with the Commission's office and shall include the following: (a) Non-refundable filing and processing fee of five hundred dollars. (b) Original and twenty copies of: (1) Application form; AMONIL (2) Description of the property in sufficient detail to determine its precise location; (3) A plot or site plan of the property,drawn to scale,with all existing and proposed uses and/or structures shown thereon; (4) Building elevations,if required,of the proposed structures; (5) A statement of the reasons for the granting of the Special Permit citing how the proposed use would promote the effectiveness and objectives of Chapter 205,HRS,and why the proposal is an unusual and reasonable use of the land The following criteria shall also be addressed: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations; (B) The desired use shall not adversely affect surrounding grope tes; (C) Such use shall not unreasonably burden public agencies to provide roads and streets,sewers,water,drainage,school improvements, and police and fire protection; (D) Unusual conditions,trends, and needs have arisen since the district boundaries and regulations were established; 6-1 1895 6-7 Grounds for Special Permit The Commission shall not approve a Special Permit unless it is found that the proposed use: (a) Is an unusual and reasonable use of land situated within the Agricultural or Rural fl District,whichever the case may be;and (b) Would promote the effectiveness and objectives of Chapter 205,Hawaisi Revised Statutes,as amended. The Commission shall also consider the criteria listed under Section 6.3(b)(5)(A) through(G). 6-8 Action Within thirty days after the close of the hearing or within a longer period as may be agreed to by the applicant,the Commission shall: (a) For a Special Permit involving fifteen acres of land or less,approve it by stating the reasons and attaching appropriate performance conditions; or (b) For a Special Permit involving greater than fifteen acres of land,recommend approval to the State Land Use Commission by stating the reasons and attaching appropriate performance conditions;or (c) Deny it by stating the reasons. An application recommended for approval to the State Land Use Commission shall be forwarded within sixty days after the decision is rendered by the Commission. 6-9 Amendments of Permit or Conditions (a) The applicant may apply to the Commission through the Planning Department for an amendment to the permit or condition(s)imposed. (b) In the case of time extensions,the applicant shall file the request not less than ninety days prior to the expiration date of the time conditions,setting forth: (1) The affected condition; (2) The length of time requested;and (3) The reasons for the request. If the Commission is not able to act on a properly filed time extension request prior to the expiration date, the use granted under the Special Permit may be 6-4 1896 EDSPECS for High Schools Chapter 2: Planning Chapter 2: Planning Section 201 — Planning Guidelines, Site Considerations, and Site Concepts for High Schools 201.1 Planning of New Schools Scope, Timing, Notification: Plans for a new school will show the geographical area to be served,the proposed grade structure,the projected opening date, and the design enrollment. 201.2 Enrollment Guidelines for Planning New Schools Tvne of=291 Minimurn Enrollment Elementary 550 MiddWintermediate 600 High 1,000 201.3 Site Selection Criteria A detailed study is required before a new school site is selected and acquired. The selected site should meet the following general guidelines (additional criteria may apply depending on specific site conditions): a. Usable Acreage: To be determined in a case by case basis, using the following as a guide: Elementary School 12 acres Middle/lntermediate School 18 acres High School SO acres b. Shape: The length to width ratio of the site should not exceed 2.5 to 1. c. Slope: Ideally the campus site should have a maximum slope of 5 percent d. Hazard Areas: The site should not be in a tsunami Inundation zone; a major flood plan;or a potential landslide area. e. Traffic: The site should not be located in an area hazardous to pedestrian or vehicular traffic safety_ The site should have a minimum of two vehicular access points each on a different side of the property. Location of access points subject to DOE approval. f Timing: The school site should be conveyed to the State prior to the start of construction on the school site. g. Exclusivity: The use of the school site shall be limited to public school and ancillary school recreational uses. h. Availability of Utilities: Appropriate utility infrastructure needs to be in place prior to the start of school construction. is Planning Guidelines, Site Considerations, Section 201-1 and Site Concepts for High Schools 1897 §2.2: Goals Population The population of Hawaii County has grown steadily since 1980. According to the 2000 U.S. Census, the County's population increased 23 per cent between 1990 and 2000. During the same period,the State's population grew by 9 per cent. The district of Puna saw the largest increase at 51 per cent, followed by South Kohala (44 per cent),North Kehala(41 per cent),Ka'u(31 per cent),North Kona(28 per cent),South Kona(12 per cent),North Hilo(12 per cent),Hamakua(10 per cent)and South Hilo(6 per cent). Utilizing Series B,the County's population is projected to grow 46 per cent to 217,715 from 2000 to 2020. South Hilo, currently the most populous district within the Coun- ty, will be eclipsed by the Puna District in 2020 with an estimated population of 55,246 compared to South Hilo's 49,791. Table 2-2.Projection of Resident Population by District,Year 2000 to 2020 (Series B) 7btal 148,677 159,907 178,938 195,965 217,718 Puna 31,335 36,351 42,591 49,801 58,246 South Hfla 47,386 48,273 47,477 48,514 49,791 North Ma 1.720 1,643 1,TZ0 1,798 1,879 Hamakua 6,108 6.196 6,561 8,933 7,328 North Kohala 8,038 8.622 7,917 9,448 11,273 South Kohala 13,131 15.659 18,154 21,072 24,426 North Kona 28,543 30,487 34,024 37,922 42,275 South Kona 8,589 10953 11,414 12,681 14,092 Ka'u 5,827 6,443 1 7,050 7,658 8,408 Economic Assessment,PKF Hawaii,January 2000 U.S.Censors,2000 Hawaii County Department of Ressmuch and Development The Puna District will continue to experience relatively strong population growth due to the availability of relatively inexpensive lots that were created around the 1960s. The growth of thepopulation in North and South KohaK North Kona and South Kona are closely associated with the continuing growth of the visitor and agricultural indus- try within these districts. 2.2 GOALS (a) Provide residents with opportunities to improve their quality of life through eco- nomic development that enhances the County's natural and social environments. 242 : Hawaii County General Plan 1898 §10.2.2: Policies mauka of Komohana Street. In West Hawaii, in addition to Hawaii Community Col- lege programs,the college is responsible for the University of Hawaii Center,through which it delivers baccalaureate and masters degree programs from other institutions in the University Center. The Long Range Development flan for the West Hawaii carnpus of the University of Hawaii was completed in 1998. The State is currently in the process of preparing an environmental impact statement for the initial phase of development of the new cam- pus(University ofHawaii Center at West Hawaii)to be located on a 33-acre portion of a 500-acre State-owned parcel in Kalaoa,North Kona. The proposed campus, which will accommodate approximately 1,500 students upon completion, will be located mauka of the Queen Kaahumanu Highway and the Kona International Airport at Keahole. 10.2.2 Policies Educational policies relate to the provision of facilities rather than programs, which are the province of the State. It is nevertheless recognized that the facilities and pro- grams are the tools necessary to improve total educational service. (a) Encourage continuous joint pre-planning of schools with the Department of Edu- AML cation and the University of Hawaii to ensure coordination with roads,water, and other support facilities and considerations such as traffic and safety,and access for vehicle, bicycle, and pedestrian. Encourage master planning of present and pro- posed public and private institutions. (b) Encourage combining schoolyards with county parks and allow school facilities for afterschool use by the community for recreational,cultural,and other compati- ble uses. (c) Encourage joint community-school library facilities,where a separate community library may not be feasible, in proximity to other community facilities, affording both pedestrian and vehicular access. (d) Encourage implementation of the Department of Education's'Educational Specifi- cations and Standards for Facilities.' (e) Encourage the Hawaii State Library System to seek alternate sites for public libraries located on the campuses of public schools. 10.2.3 Standards (a) In proposed communities,sufficient acreage shall be reserved for school facilities. Sites shall be free from flooding and drainage problems,excessive slope and shall incorporate appropriate street and driveway design and location to minimize traf- fic interference, pedestrian hazard, and enable safe and easy access for vehicles, bicycles and pedestrians. 10-4 : Hawaii County General Plan 1899 • T I 1 , §10.2.4:Districts (b) State Department of Education's education specifications and standards for facili- ties. 10.2.4 Districts The following is an examination and analysis of educational facilities by districts. For the purposes of this section,a complex refers to a high school and its associated feeder schools. Feeder schools are the elementary and intermediate (middle) schools that send students to an associated high school. For instance, the Waiakea High School complex has Waiakea High School as its designated high school and Waiakea Inter- mediate,Waiakeawaena Elementary,and Waiakea Elementary as its feeder schools. 10.2.4.1 PUNA 10.2.4.1.1 Profile Public school complexes in the Puna District are located in the communities of Keaau, Mt.View and Pahoa. The Keaau High School complex is comprised of Keaau High School,Keaau Middle School,Keaau Elementary School,and Mt. View Elementary School,and serves a to- tal enrollment of 2,441 students. Existing complex facilities are adequate to serve the current enrollment. The new Keaau High School is being built in phases. As each phase is completed, the incoming class (i.e. freshman, sophomores, etc.) can be ac- commodaWA The Keaau Elementary School is being built in a similar fashion. Thus, in a Sew years,the need to transport students from the Keaau and Mt. View area will not be necessary. Currently, 1 lth and 12th graders from Keaau commute to Waiakea High School in South Hilo. At this time, the first phase of Keam High School has been completed and is in operation. The Pahoa High School complex is comprised of Pahoa High and Intermediate School, Pahoa Elementary School, Keonepoko Elementary School and serves 2,323 students from kindergarten through the 12th grade level. The natural population growth and in-inigradon into the subdivisions in the area are contributing to the in- creased pressure on education facilities at the Pahoa complex. In response to these growth pressures,facilities have been expanded to accommodate the increased enroll- ment. However,there is still overcrowding at the elemeintary school. The Keaau, ML View and Pahoa branch libraries are joint community-drool facili- ties. The Keaau facility has 21,332 volumes. The Pahoa and Mt.View facilities house 34,365 volumes and 18,345 volumes, respectively. Both library facilities are inade. quate in size to meet the needs of the students and community. Furthermore,the lack of adequate pedestrian access and parking at these facilities is an ongoing problem. Hawaii County General Plan �o.s 1900 1 have to applaud the civility and value of content that my neighbors voice„ in opposition to the proposal of the connections master plan. But ... its time to clear some smoke out of the air and other places .. The use of the word horse or the word barn in combination are in print , Five times in the very first 10 pages concluding with SECTION 2.1.3 THE PROJECT PHASING AND CONSTRUCTION : on page 11 , where the first to be built facilities are the bam and agricultural facilities... followed in one year by the caretakers house and dorm complex.... then in Phase 3 the beginning of high school classes and facilities — TO WHAT END DOES THE HORSE PRE SEED THE CLASS ... 2 nd : the state land and natural resources DLNR , has not found the Proposal by connections to be in error ... They the DLNR WILL LET CONNECTIONS DRILL A WELL ... The state land use commotion : WILL LET CONNECTIONS DRILL A WELL ... Now the states ATTORNEYS GEN office WILL LET CONNECTIONS DRILL A WELL _._ This West' Hawaii planning commotion , faces a formidable decision ... on page ONE of connections master plan ....The issue of drilling a well is already injected for prescience ... the topic is fully explored when explaining the plans Water needs resolutions ... NOT ENOUGH TO GET WHAT WE WANT CIVILLY ... .BUST TAKE IT ....PROM NATURE ... AGAIN : west Hawaii planning commotion has a DAUNTING DECISION TO MAKE .... tit, '_ ~. __ 1901 ORAL STATEMENT IN OPPOSITION TO SPECIAL PRMIT APPLICATION OF CONNECTIONS CHARTER SCHOOL Applicant has attempted to create the illusion that the 70-acre property is the only suitable property for its school. It has done so by making the following representations: 1. That it will develop an agricultural program for its students; 2. That its agricultural program will require 20 acres of land; and 3. That the subject 70 acres is "uniquely suitable"for its program. Nowhere in its application has Applicant provided proof that an agricultural program is needed or wanted by its students. There is no basis, therefore, to assume that Applicant will actually develop such a program. Any conclusion based upon the presumption that the program will materialize is unsupportable. Furthermore, it is impossible to conclude that 20 acres is required for the program because no evidence has been presented to identify what agricultural uses or activities will be taking place,and the area required for each use and activity. Applicant's attempt to equate its need for 20 acres based upon the 20-acre demonstration farm of the University of Hawaii at Hilo is unfounded. The fact that the university has a 2,0-acre farm does not mean that Applicant's program will require 20 acres. Without some relevant basis for comparing the university's needs to the Applicant's needs,any assumption that the Applicant requires 20 acres would be based upon pure speculation. The Windward Planning Commission can, also, find, and I urge that it do so,that the property is NOT "uniquely suited" for Applicant's program. To be "unique", the property must "exist as the only one", or "have no like to equal". This would mean that if the properVs "D" or poor-rated soil is "uniquely suited" for the program, then all other properties with better-rated "C", "B", and "A" soils would not be "uniquely suited" for the program. it goes without saying that this is illogical, incomprehensible and unbelievable. Applicant seeks to pressure the Commission into granting the Special Permit by creating the illusion that this property is indispensable to the school and its agricultural program. And, in doing so, it hopes to divert attention away from the more weighty, relevant issues such as increased traffic flow, the insufficient water supply, and, most importantly, the adverse impact that the project will have on the adjacent landowners. These issues, and others, have already been adequately addressed by previous speakers and will not be repeated at this time. However, I urge the Commission to give serious consideration to these issues,which are real and have been supported by credible evidence. Conve,Fsely, I rg ya"—, f.- 1902 disregard the unsubstantiated and misleading representations of the Applicant and to deny its application for a Special Permit in the interest of sound planning and public welfare. Thank you for your kind attention. Terrance Yoshioka Mele Manu Street Hilo,Hawaii 96720 190= REASONS FOR DENIAL The test or criteria for a Special Permit are outlined in Chapter 2C5, Hawaii Revised Statutes, State Land Use Commission Rules (HAR, Title 15, Chapter 15), and more specifically, County Planning Commission Rule No. 6. Specifical17, Rule 6-7 states that the Planning Commission shall not approve a Special Permit unless it is found that the proposed use(a)the proposed use would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statues, as amended, and (b) is an unusual and reasonable use of land situated within the Agricultural District. On the matter of the Special Permit application by Connections New Century Public Charter SchooitCBESS (SPP 12-000138), the Windward Plannirig Commission finds that it does not meet the required test for a Special Permit and hereby denies the application. This conclusion is based on the following findings. A. Relationship to Land Use Law and Oblectives The primary purposes of the Chapter 205 (Land Use Law), Hawaii Revised Statutes, as amended, are to: 1. preserve, protect and encourage the development of lands in the State for their best uses in the interest of the public welfare; and 2. protect, conserve, and rationally develop the State's urban, agricultural, and conservation lands using a coordinated and balanced approach. In that regard, there are several considerations that do not lend support to the applicant's consistency with these stated purposes. These include a)the applicant's unsubstantiated agricultural program used to rationalize the necessity of the subject location for its proposed school, and b) even, if substantiated, the overall adverse impacts the proposed use would have an the immediate community. The reasons advanced by Applicant to support its Petition for a Special Permit is based upon (1) unsupported facts and suppositions; (2) incomplete information; and (3) misleading, inaccurate or false information which fail to establish by any standard of proof that the grounds for granting a Special Permit have been met. 1. Applicant's Petition is based upon the presumption that the subject property is "uniquely suited" for the development of an agricultural program. It is this reliance upon an agricultural program which it justifies placing its school Vld at �L fir�, , 1 Read . q {901 t l squarely in the midst of an existing subdivision and far from the residences of its students, the majority or at least plurality of whom live in the Puna District. Further,.the Applicant does so without presenting any evidence in the way of studies or research that would even indiaite that its proposed agricultural program is needed, or wanted, by its students. Without such evidence, there is no basis for believing that Applicant will ever incorporate an agricultural curriculum into its academic program or that any part of the 70 acres will ever be utilized for farming, conservation or forestry. Therefore, acting in reliance upon any assumption that the agricultural program will, in fact, come into being is totally without any foundation. And any conclusion or argument made in reliance upon the existence of the agricultural program is totally without merit. 2. The lack of evidence about the need for Applicant's agricultural program precludes the.Commission from determining what portion, if any, of the 70 acres is needed for such a program and how many students will actually be involved in the program. For example, if only one or two students enroll in the program then obviously, committing 20 acres to the program would be far beyond the needs or capabilities of the students, and a plot of 10,000 square feet may be more than enough. Despite not knowing anything about what the needs for its agricultural program may be, Applicant has "guesstimated" that it will require 20 acres because that is the size of the University of Hawaii at Hilo demonstration farm. [Section 2.3.1, p. 15, Final Environmental Assessment] Without knowing 2 1905 how many crops were grown on the University demonstration farm, or any other pertinent information about the farm, Applicant relies solely upon this meager information as the basis for its requirement of 20 acres for its own agricultural program. Logically speaking, without substantially more comparative information, one cannot equate the needs of the University with the needs of Applicant. Thus it is pure speculation to state that Applicant must have 20 acres for its agricultural program. .3. Without first establishing just how large an area is required for its agricultural program, Applicant's statement that the subject 70 acres is"the only acceptable site within the school service area that satisfied its selection criteria" [Section 2.3.2, p. 15, Final-Environmental Assessment] is totally unsupported. The selection criteria referred'by Applicant includes, among other things, e 20 acre area far its agri'Cultural program and a 20 acre area for its school facilities. [Supra] As previously pointed out, there is no'basis for projecting the amount of land needed for Applicant's agricultural program; hence, it is impossible to conclude that the subject property is the"only acceptable site within the school service area" Properties significantly smaller in size may, yet, be sufficient once all relevant and material information is obtained about the agricultural program. Until then, it is premature to conclude that the subject property is "the only acceptable site." 4. Applicant has failed to show that the property has-unique qualities which make it the only property available to the Applicant. Other potential sites 3 191 were not reasonably explored, especially those in the Puna District where at least half of its students reside, and where the soils—depending on the applicant's unsubstantiated agricultural program—may be much more suitable for agricultural uses. Looking at Applicant's list of properties it has considered as alternate sites for its school [Table 2.1, Final Environmental Assessment], it is apparent that all of the properties are situated in the South Hilo District. Without admitting r that all of the properties are unsuitable for Applicant's needs, let us assume, for the sake of argument, that they are unsuitable. Does this mean that there are no alternate sites outside of the South Hilo District--whether private or public lards—that cannot meet Applicant's needs? This is an issue that requires to be explored.before this application can be favorably considered, because half of Applicant's students reside in the Puna District, and it-stands to reason that if Applicant had the best interests of its students at heart, it would attempt to locate its school closer to their residences rather than to bus or have them commute to another totally different community. The benefits of reduced travel time and the risks of travel are too obvious to be repeated here. Also of substantial importance, given the heavy reliance upon Applicant's agricultural program, is the suitability, or lack thereof, of other properties for said program. it is well known that the Puna District is where most of the commercial papaya and crop farmers practice their trade because of the soil 4 190 condition there. Accordingly, the Puna District may be much more suitable for the cultivation of crops and to practice conservation and forestry techniques. Substantial private landowners such as W. H. Shipman are also situated in the Puna District and could be approached to carve out a 20 or more a:re piece of property for lease by, or sale to, Applicant Between private landowners and the State of Hawaii, Applicant could have much greater choices of lands more suited for its purposes. It is also worth noting that Applicant identifies other properties in South Hilo that it found to be "too large" for its school. It offered no further comment or explanation. But however large the property, depending upon the zoning, the parcels can be subdivided into smaller parcels for re-4easing to others, or conversion to other uses. As such, being larger than Applicant's current needs is not, by itself, a quality that makes a large parcel unsuitable for Applicant's use.- In fact, this will be the case for the subject property as over the next sixteen to 25 years. Based upon Applicant's timetable, only the lower 37 acre parcel will be developed. The upper 33 acres are intended to be left undeveloped as a nature preserve. As such, does it matter whether 33 acres or 82 acres is left undeveloped? If not, then why would a 109 acre or 152 acre parcel be"foo large" for Applicant's school? We conclude that it is not. Further, Applicant there is no discussion of whether a private land, in spite of its potentially higher land acquisition cost, may, in the long run,'be more 5 1909 cost effective when compared to the required on and off-site infrastructure needed to support its school at the proposed site. 5. Schools can have significant adverse infrastructural and community impacts. Thus, they are not permitted in the State Land Use Agricultural District and within the County residential and agricultural zones, a Use Permit is required. This is to enable the community to weigh in on the request and to have a full public disclosure of the project and its impacts. In that regard, it should be noted that the last few schools of this size or larger built on this island have been on the outskirts of a community. These include Kea`au High School, Kameharnehe School, and Kealakehe High School. All required approvals can occur only after having the community weigh in on the request. Applicant's statement that "(tlhe Property is not anticipated to have adverse impacts upon surrounding areas and is planned to mirror much of the surrounding land uses with modest single story structures, agricultural uses, and open, undeveloped areas for agricultural educational programs and forest restoration" [Section 16.2, P. 23, Petition for a Special Permit] is unsupported by facts, and is totally misleading and inaccurate. It is incredulous to conclude that a 20 acre school with 503 students, faculty and staff, when embedded into a low density residential neighborhood will not have a negative impact upon the lives of its surrounding area. The hundreds of cars, trucks and buses that will be streaming to and from the school will disrupt the subdivision's lifestyle. It matters not what the traffic flow designation will be with the additional cars, etc, because now it takes but 6 1909 a couple of seconds to stop and enter Kaimana 1:)dve from Edita Street whereas after the school is constructed, #-e time it would take to turn on to Kaumana Drive will be increased to 10 to 15 :seconds. While this may see m like a minor inconvenience, the traffic flow study [Section 3.12, Page fig, final Environmental Assessmentl offered by Applicant does not measure the stress generated by the extra vigilance that residents must exercise to travel their roads due to the increased vehicular and pedestrian traffic. Neither does the study measure the stress generated by the increased noise of the extra traffic. What might be minor and frequent Irritants experienced daily in an urban environment, become major disturbances when injected into what has up to now, been a tranquil, peaceful rural-like environment. People who live here do so to avoid traffic and noise. They want a peaceful, slow paced lifestyle and the distinctly rural feel offered by this area, with its periodic visits by black goats, feral pigs, and Hawaiian hawks and the sounds of native and endemic birds that fly among the ohia trees. As evidenced by the numerous written and verbal testimonies of residents, this lifestyle will be threatened by the estimated 621 vehicle trips generated during each weekday [See Section 3.12.1, Page 20, Final Environmental Assessment]. Add to that the noise and stress generated by the traffic, this lifestyle will be lost. Aside from disrupting the community's lifestyle, the extra traffic will pose a danger to their as well as the student's safety and lives. This is an inevitable IW T 1910 result of more traffic i.e. more risks traveling along the tortuous and narrow Kaumana Drive. In short, to conclude that the"Property is not anticipated to have adverse impacts upon surrounding areae is not supportable. The increased traffic alone will bring devastating results. Add to this the increased noise generated by the traffic and the construction and daily activities of the school, and Applicant's statement becomes more disingenuous. It is also very misleading to state that Applicant's 20 acres of school buildings, roads and parking areas wil I "mirror much of the surrounding land uses.' Such improvements do not in any way "mirror"the single-family residential,dwellings in this area. The improvements to be constructed by Applicant will be different 16 appearance, design and use and could not be compared with existing residences in the neighboring community. It is visually clear that there are no residence in this area that is equal or come close to the size of a 10,500 square foot gymnasium [See Section 2.9.2, Page 8, Final Environmental Assessment] , or having a 52 stall parking area. [Supra]. 6. Applicant's statement that "[t]he mirrored use will not substantially alter or change the essential character of the land and the present use" is a gross distortion of the truth. Clearly, the 20 acre portion of the lower 37 acre parcel will be substantially altered by the construction of school buildings, gymnasium, a dormitory, roads and parking lots. These improvements will 40 require that existing plants be removed and replaced with concrete, asphalt, 8 1911 glass, steel and wood. It cannot be disputed that the"essential character of the land"will forever be changed. Applicant rationalizes, however, that becau:ve°[t]he school plans to implement a forestry/conservation program, whiLt would use the upper parcel for reforestation projects" [Section 16.6, p. 27, F' :tition for Special Permitl and "an elevated walkway through the'ohi'a forest" [Supra]therefore"[njeither of these proposals would substantially alter nor chL,+ige the existing use or character of this portion of the property_" [Supra] But this is just avoiding the issue. The real question is not whether the character of the upper 33 acres will be substantially altered or changed, but what is the impact of the improvements to the lower 37 acres? Applicant has avoided addressing this issue for obvious reasons--i.e. because the essential character of the lower 37 acres will, in fact, be changed. 7. Applicant states that a[t]he land upon which the proposed use is sought is unsuited for the uses permitted within the distsicf [Section 16.5, p. 26, Petition for Special Permit] and yet goes on to state that the property is "uniquely suited to support both an agricultural program and a conservationiforestry program" [Supra]_ If the property is"unsuited"for agricultural uses, how can it be 'uniquely suited" to support an agricultural/conservation/forestry program? Applicant never explained why or sufficiently justified how the property is "uniquely suited" for its school or how other sites are different from the subject so 9 1912 property. Without such justification or elaboration, the Corr imission cannot find that the subject property as being "uniquely suited"for its school. In summary: Applicant's Petition for a Special Permit relies heavily, if not entirely, upon its planned use of approximately 20 acres of the subject:property for the development of an agriculturaitforestry/conservation program. Such a program does not currently exist and Applicant has not provided any research or studies to establish: (1)that there is a need For the program; (2) that their students are interested in the program; (3) that the program requires 20 acres of land; (4) that the property, with its "poor" quality soil, is suitable for the program; and (5)that the property is the gnly land sutitable for Appltranfs program. Applicant's failure to address this issue renders a substantial portion of the Petition unsupportable because much of Applicant's arguments in support of the Petition are dependent upon the actual implementation of the agricultural program. As noted earlier, without providing a basis for determining how many acres are required for cultivation, it is impossible to conclude that 20 acres are needed for the program. And without knowing how much acreage its program requires, Applicant cannot conclude that the{property is the°only acceptable site" for its school. It is entirely possible that several parcels of smaller size may be "acceptable" to Applicant, Notwithstanding the above and not dismissing the concept of the value of an educational facility like this, the impact of the school of this size at this location AML would create an adverse impact to the community it will not primarily serve. 10 1913 Collectively, allowing the school at this location would not be in the best overall interest of the public and not result in the development of this land and this area in a balanced and coordinated manner. B. Unusual and Reasonable Use of Land In determining whether the request is an munusual and reasonable use, certain guidelines are used. These guidelines and their relationship to the requested use follow. I. Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The use does not fulfill the Land Use Law objectives as discussed above. It should also be noted that the impact of the proposed school would have the effect of urbanizing this area. Most if not all schools of this scale are within the State Land Use Urban and not Agricultural District Even the Kamehameha School campus in Kea'au was reclassified into the Urban District. As such, a more appropriate procedural vehicle for uses of this nature is the reclassifcation or boundary amendment process, the use of the Special Permit process for a project of this magnitude would undermine the objectives of the State Land Use Law and Regulations. 2. The desired use would not adversely affect surrounding properties. As noted above and as painfully made evident by the number of verbal and written testimonies against this project, the project would have an adverse impact to surrounding properties. These concerns relate to possible adverse real property tax implications as well as diminished quality of life associated with the traffic, noise, and visual impacts resulting from this project This diminution of quality of life is further supported by the Police Department who concluded that "This proposed school is being place in a residential area that will likely effect{sic) the quality of life for residents that border this proposed site. There will be an increase in noise, crime and traffic." As noted above, the project will result in the removal of substantial amount of ohia trees, particularly on the lower portion of Edita Street. The trees will be replaced with a number of large structures, structures that cannot assume a residential flavor. These structures would thus not be visually compatible with the surrounding residential area. The applicant maintains that the project is"not expected to generate large increases in traffic volumes and would not result in adverse impacts to traffic qW and circulation pattern in the project area." It also notes that "the findings of 11 1914 the TZAR(Traffic Impact Analysis Report) are conservative and lively overestimates total trip generation for the projecr as it does not take into account that "approximately 30 percent of Connections'students are bused to school...." It should be noted that that percentage relates to the school's existing operation, not projected. Relative to this school, the Applicant has commented that it will have 2 buses. At an average of 30 students per bus, that amounts of 60 students out of its projected estimate of 400 students. That amounts to a 15% and not 30% percent. Equally important is the TIAR itself. The survey was done after the seniors at Hilo High School were already out of school. Thus, the numbers for the AM peak hours do not accurately reflect school traffic. Further, the study only looked at the intersection of Kaumana Drive and Edita'Street_ It did not examine other potentially heavily used intersections such as Wilder Road (where presumably there will be an increase due to the Puna-based students) or other precarious intersections such as Chong Street and Terrace Drive to account for now more mauka bound traffic in the morning. According to the TIAR, the project is anticipated to generate 187 movements during the AM peak hours on Kaumana Drive. The TIAR also notes that the existing movements are 321. This amounts to a 58% increase over the existing levels. Relative to Edita Street, there are 62 total movements. With the school's projected 187 movements, that would amount to over a 330% increasel Collectively, then, the impacts will be substantial, particularly along Edita Street. It should also be noted that current rezoning review requirements mandate that a TIAR be conducted within 6 months of the date an application is fled. While not a mandate for Special Permit, taken together the deficiencies noted above, the "no adverse impact" conclusion of the TIAR is questionable and less reliant. Finally, the ones who will be mostly impacted by the project are the adjoining residents and property owners_ An overwhelming majority of them are saying that the impacts would be adverse. If it were only one or two, that would be a different story, but that is not the case here. 3. Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection, The Department of Water Supply will require submittal of detailed calculations to determine water requirements before issuing a water commitment. The 12 19' 1. maximum number of eligible commitments is seven which translates to a maximum of 4,200 gpd. The Applicant has represented that at least 60 gallons per day (°gpd')Istudent is needed for a total of 26,100 gpd. The amount available, however, is 4,200 gpd, which represents no more than460k of the project's total. The Applicant represents that it intends to supplement the remaining 84%with a catchment system, a sur}-standard system. While the catchment system has been used in areas where there is no public water system, it is generally not acceptable for public facilities, particularly those geared to students. A new public school would not be built if there is inadequate water; this proposed use is no different. In times of periodic drought, there would not be enough water to support the enrollment. Such a situation would create a public burden, as government would be obligated to assist. As noted earlier, the Police Department has already commented that a school in this area will create an increase in noise, traffic, and crime. While noise may not necessarily directly relate to a Police function, traffic and crime do. The proposed use would invariably create additional demand for police service. Given the honeycomb of caves in this area, drainage and wastewater systems need to be carefully planned so as to mitigate potential impacts to surrounding properties, particularly those situated below the subject site_ The applicant has not sufficiently demonstrated how these would be addressed except to say that it would comply with prevailing regulations. However, there is insufficient information at this time on this matter to conclude that there will be no drainage or wastewater impacts. 4. Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. While the concept of charter schools was given birth to after the district boundaries were established, they are not necessarily immune or exempt from the land use objectives. In that regard, while the filing of this application suggests a need for a new educational facility, the question is whether the proposed site is appropriate. As noted earlier, given that at least 50% of the projected student population will come from the Puna District and the adverse impacts the proposed use would have to the immediate community, insufficient analysis or thought was given to other properties, be they private or publicly-owned. The State lands identified in the EA for the South Hilo District did not take into account their ability to be subdivided. Relatedly, the size was driven by an agricultural 13 1916 component that was not clearly identified. Further, a cursory examination of other State lands in this area suggests that properties fronting the well- accessed Puainako Extension were not given careful consideration. In addition to looking at only State lands in the South Hilo District, the applicant did not examine other State lands in the Puna District or any private lands. Potentially, some private lands—although with a higher initial acquisition cost —could be less costly to develop given the needed off-site infrastructure costs and the cost of new buildings and site improvement_ Thus, it is difficult to conclude that there are unusual conditions, trends, and needs that justify the proposed use at this location. 5. The land upon which the proposed use is sought is unsuited for the uses permitted within the district. Forestry and conservation uses are permitted in the Agricultural District. The subject site has a considerable stand of Ohia trees and veins of the Kaumana Caves extend throughout the site. The Hawaiian Hawk and Hawaiian hoary bats are known to roost in this area. As such, it is difficult to conclude that the site is"unsuited° for these permitted uses. 6, The use will not substantially alter or change the essential character of the land and the present use. To minimize redundancy, we would like to reference the findings noted in the section on land Use Law and Objectives. In sum, the proposed school will result in the removal of a significant portion of the existing vegetation; further, the urbanized structures will alter the pristine forested character of the area. 7. The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The General Plan Rand Use Pattern Allocation Guide Map designates the area for low density residential use. However, a school use is not necessarily a "low density" type of use. The school will have nearly 400 students with direct and indirect support resulting in nearly 500 persons per day at the site. The County Zoning Code allows schools in the commercial zones, for there is recognition of their commercial-level type of impacts. However, within the Single family residential or Agriculture (as in the case with lots surrounding and/or proximate to this site), a Use Permit is required because of its potential adverse impacts. The Use Permit process and criteria are generally similar to the Special Permit. The criteria for a Use Permit read that a proposed use: 14 1c Shall not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community`s character, to surrounding properties,and Shall not unreasonably burden public agencies to provide roads, and streets, sewer, water, drainage, schools, police and fire protection aad other related infrastructure. As discussed above, the proposed request would also not meet those tv/o criteria. In the area of the General Plan policies, there are a number of pertinent elements that cannot support the proposed use. These are as follow: Economic Element Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural. and social engMnmen_t. (emphasis added.) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. Again, while the concept of a school may have some economic benefits, it would not be compatible with the surrounding residential uses. Further, directly impacted residents would have their quality of Me diminished, not enhanced. . Public Facilities Element Goal: Encourage the provision of public facilities that effectively service the community and visitor needs and seek ways of improving public service through better and more functional facilities in keepning with the environmental and aesthetic concerns of the community. (emphasis added.) Policy: Coordinate with appropriate State agencies for the provision of public facilities to serve the needs of the community. While not questioning the proposed use, the question is whether at this location whether it would be effectively serving the community in a manner that would be in keeping with the environmental and aesthetic concerns of the community. It is concluded that this goal and policy would not be achieved at this location. The student community for the most part is from areas outside of AMML the immediate community. The immediate community, which is going to have to bear the effects of this proposed use, has expressed environmental, social, 15 1918 and aesthetic concerns. The applicant has not demonstrated that it has seriously investigated other properties that could better service its student population at a location where community and infrastructural issues would be fess. Public Facilities-- Education Element In the"South Hilo Course of Action", it asks decision-makers to "Encourage the establishment of additional schools as the need arises." The issue is whether that need has risen. It is difficult to conclude "yes", given declining enrollments at different public schools in the district. Land Use Element Policy: Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments. As stated throughout this document, approval of this request at this location would disrupt the existing community. It would not enable communities to Adk maintain themselves, while no serving the needs of its residents. Its development would not be in balance with the physical and social environments of this area. DECISION ' For the above reasons, the Windward Planning Commission finds that the requested use is not consistent with the criteria for a Special Permit and hereby denies the Special Permit Application No. 12-000138, the application of Connections New Century Public Charter School (CBESS). The Commission also wishes to emphasize that denial of the Special Permit does not spell an end to Applicants project. It is a setback, resulting in the Applicant having to search for other sites, sites that will have less adverse impacts upon the surrounding properties and hopefully more proximate to the school community it intends to serve. 15 1919 l My name is Tom Forbes. I am a resident of Kaumana, in support of Connections Charter School's efforts to build a new campus off tdita St. I have a unique insight into the school's everyday activities, both outward and behind the scenes. I am there often enough in a separate, non-educational, professional capacity. I have had many incidental opportunities to be there and see how the school works. I am never asked for my opinion. That's not why I'm there. But I see. This is a no nonsense environment. The educators and administration are passionate about providing an education to the students. As in any school an appropriate level of behavior is expected. I have had the opportunity to see a firm and fair discipline exercised. I have seen constant sincerity toward improvement, and going forward to be even better. Nobody, not administration, not faculty, not students, nor anyone I may have missed is there just for the fun of it. All are there for the sake of education. This is school I would be happy to have its my neighborhood. Dreams of bigger and better drive them, So they prospect. Much time and careful decision making by many people has gone into this project. Even consideration for neighborhood concerns such and a fence for security have beer? addressed. Your concerns matter. And yet........... If ever there was a classic ''not in my back yard" defiance, this is it. The reasoning against Connections is, at best, disputable. Other than that, it is desperate and unfounded, Most of the concerns have been explained away and dispelled, yet they keep coming back. It is fear driven. Fear of the unknown. "What is going to happen to my neighborhood?" Residents could participate positively, and may not only find out but may have some influence. if this school is built, the sentiment that has been projected in the neighborhood will still be there. it's a poison that residents will continue to take. Despite that, the school will thrive and our children will learn in a most unique environment. Residents should try to lean; what they really want to do instead of having the automatic NIMBY response. Maybe they could contribute to a new neighbor. � 1 M _ ( 7w .� fitQ�T / w L 1920 June 5akamoto 1439 Mele Manu St. I am here to once again express my concern over the negative impact the school will have on traffic, safety and our quality of life. The school is downplaying the traffic aspect, but we who must navigate Kaumana Drive almost every day know what a dangerous stretch of road it is. To subject the residents of Kaumana Drive to heavy school traffic and increased safety concerns when the school has not fully investigated other possible, more suitable locations, is not only unfair to the surrounding neighborhood but also suggests a lack of prudent planning. Commissioner Au conceded that community consensus is important. Afterall, the community is the one that would be driving by the project every day. Commissioner Moses expressed it perfectly when she said "An important criteria for any development is the community support for it." There is a definite lack of local community support in the vicinity of the proposed project as can be seen by the testimonies given and the over 500 signatures collected of people opposing the school location. The school has shown a consistent lack of consideration for the community it will impact the most. I ask that you please deny this project. 1921 � l Testimony of Ming Peng,MD Land Use Commission: live on Mele Manu St. I am still opposed to the proposed construction of Connections Charter School on Edita Street. I wish to follow up on my previous given testimony. This protect has been pianned for years. The Connections administration has done nothing significant to mitigate community concerns. The additional meeting as . suggested by this Commission was unsuccessful and not productive. For example, during the most recent meeting, Mr. Boyd's response to the lack of funding and water for this project was that these issues were in the "planning phase" and it will be "phased in". In other words, they still have no current plan to resolve critical issues to accommodate a 380 student school that includes faculty and a dormitory. Since inception, the administrators have broken the trust of the community that cannot be repaired. In my opinion, by their actions, seeking community support and input was never a priority and they planned on imposing on the community regardless of sentiment. There has been a pattern of behavior that does not appear will change, They have provided no reasonable arguments as to why the Edita location is appropriate as opposed to other sites. I have not been given concrete reasons why the Edita location is appropriate: there is not enough water for the school, there will be an increase in traffic and crime, there are already two schools in the area, and, most importantly, there Is overwhelming community opposition. The Kaumana Community should not have to sacrifice for the Connections administrators poor planning and, by their own admission, lack of plans to resolve critical issues. In my opinion, the best course of action for the Connections administration is to find an alternative site where community support exists and the infrastructure is appropriate. Please deny this permit. Ty Min Pen , MD 1922 Testimony of Les Sakamoto In the prior two public hearings,you have heard many valid testimonies opposing the location of Connections' future campus in Kaumana, including • traffic and safety concerns, • the Iack of adequate water resources, • the lack of the school's harmony with—and support by---the surrounding community, • the concerns about waste treatment and disposal, • the lack of need of another school in Kaumana, due to the presence of many well-established schools already serving the area, and • the overall negative impact this will have on our quality of life. I will not repeat their testimonies. But I will repeat that we are not against schools, and we certainly are not against the students of Connections. We are AML against the chosen site of the proposed school. So the gist of my testimony is this; When the Planning Director issued a favorable recommendation for the school, it was done with reservations and without the benefit of public testimony. Now, with the benefit of such testimonies from so many who have expressed overwhelming opposition to the school's proposed location, it is up to you, the Windward Planning Commission,to make the final decision. I humbly ask you to recommend denial of the Special Permit. By denying the Special Permit, you are not denying a new school for the students, nor are you denying a new campus for the teachers, for nothing has yet been built. And I believe nothing should be built, until the leaders of the school find a better suited location. The sites that were considered by the administrators in their initial search were all located in the central Hilo area, and many were summarily dismissed as being "too large" or "too small". Perhaps these sites should be revisited. But more so, we believe other potential sites were not even considered or fully explored. Why RCra ay tb��yy� 1923 not extend the search further out—into Panaewa, or Keaau, or Puna, or the Hamakua Coast? A site that has less inherent restrictions, community dissent, or stringent conditions of approval will allow the project to quickly get off the ground, As Connection's consultant Celia Chen mentioned, the conceptual drawings for the campus are in their very early planning stages, and can be easily modified to accommodate changing conditions. 'thus, the investment in these plans will not be lost, but can instead be used to springboard the project at the appropriate location. More importantly, by choosing a site that is embraced by its stakeholders as well as the surrounding neighbors and community at large,the school can then meet with a success that is—at best—questionable at the Kaumana location. In conclusion, please vote to recommend DENIAL of the Special Permit, and in so doing compel the leaders of Connections to seek an alternative, but appropriate location for their new campus. Only then will the school be able to advance quickly—and harmoniously—to achieve its stated goals. The students, their parents, the faculty, and our community at large deserve no less. Thank you. Les Sakamoto 1439 Mele Manu St. Hilo, H196720 1924 r f " LIST OF VIOLATIONS AND LIES BY CONNECTIONS PUBLIC CHARTER SCHOOL BOARD OF EDUCATION POLICY 2710,"ACCREDITATION OF SCHOOLS,"states: ...All public secondary schools and community schools for adults shall engage in the accreditation process as prescribed by the accrediting agency that has been designated by the Board of Education." CONNECTIONS IS NOT AN ACCREDITTiED SCHOOL AND HAS NEVER ATTEMPTED TO BECOME ONE. NO CHILD LEFT BEHIND,FEDERAL LAW REQUIRES STATES TO IMPLEMENT AN ACCOUNTABILITY SYSTEM AND REPORT ON PERFORMANCE MEASURES RELATED TO ADEQUATE YEARLY PROGRESS. Connections has never met AYP and is currently in restructuring. 2014 is the deadline. HAWAII ADMINISTRATIVE RULES,TITLES 11,DEPARTMENT OF HEALTH,CHAPTER 200,ENVIRONMENTAL IMPACT STATEMENTS,SUBCHAPTER 6 DETERMINATION OF SIGNIFICANCE,11-200-9 ASSESSMENT OF ANGENCY AMIONS AND APPLICANT )NS.,(6)Distribute,concurrently with the filing In paragraph(3),the draft environmental assessment to other agencies having jurisdiction or expertise as well as efften groups and individuals which the proposing agency reasonably believes to be affected CONNECTIONS INTENTIONALLY DID NOT DISTRIBUTE EA TO ANYONE IN THE KAUMANA COMMUNITY OR NOTIFY ANYONE OF THE PLANS TO PREVENT AN EIS. CONNECTIONS HAS FAILED TO INVESTIGATE LAVA TUBE ON EDITA STREET NOTED BY JEFF DARROW,BOBBIE JEAN LE1[THEAD=TODD AND THERESA DUNHAM OF DLNR. COUNTY OF HAWAII; Grading and grubbing without permit. STATE OF HAWAII,DLNR; Violation of Unencumbered Public Lands. STATE OF HAWAII,DLNR; Unauthorized Land Clearing, STATE OF HAWAII,DLNR; Construction of Perimeter Fence and Removal of Ohia Timber. STATE OF HAWAII,DLNR HAS AN ON GOING INVESTIGATION WITS CONNECTIONS PUBLIC CHARTER SCHOOL FOR OTHER VIOLATIONS WHICH NEED TO BE ADDRESSED. CONNECTIONS PUBLICLY DENIES KNOWLEDGE OF FENCING AND BULLDOZING IN HAWAII TRIBUNE HERALD; Residents saw Eric Boyd and John Thatcher on site during the project. CONNECTIONS HIRES CONVICTED FELONS TO WORK IN OUR NEIGHBORHOOD. CONNECTIONS FIRES CONTRACTOR WITHOUT PAYING AFTER FENCE JOB COMPLETED WITHOUT PAYING CONTRACTOR CONNECTIONS ACCUSES CONTRACTOR OF STEALING LOGS FROM DLNR PROPERTY THAT CONNECTIONS IS RESPONSIBLE FOR PRINCIPAL JOHN THATCHER TELLS HAWAII TRIBUNE HERALD AND KAUMANA COMMUNITY THAT HAND CLEARING WILL BE DONE TO LESSEN THE - 1925 Y /- ENVIRONMENTAL K"ACT TO THE PROPERTY AND HIRES A D-9 TO BULLDOZE THE PROPERTY. CONNECTIONS ATTORNEY TED HONG TELLS WINDWARD PLANNING CONIlVIIS•SION, "to say the fence is done is misleading at best" Then fence is done and locked by the contractor. CONNECTIONS SENDS ERIC BOYD TO PHOTOGRAPH AND TERRORIZE KAUMANA RESIDENTS; Eric Boyd walks along side a pick up truck driven by a woman as he takes pictures of the homes in Kaumana with signs protesting the school. CONNECTIONS MAKES A VIDEO AND POSTS IT ON THE INTERNET TO GAIN SUPPORTERS; Using the pictures taken by Eric Boyd,the school makes a video asking for support from the community latmching a crime spree of sign thefts,newspaper thefts,and trash vandalism in the Kaumana neighborhood (,V+k �.ut4 Suv y�� P��av� le'") �ra►r�'h� ASwikl 4- y, 5 � tea, a vL A wlC c- t4 b-,r►� Lia# fC;l��'yl ,y 5 ,,,�,� y v /V 1926 Henry Lee Loy M.D. 1579 Mele Manu St., Rlo,14i The proposed location of the connections public charter school would endanger and hinder the community and students alike. I attended the community meeting at the connections school on December 17, 2012.The principal, Mr.Thatcher was absent. The Vice principal Mr. Boyd was present.[felt that Mr. Boyd gave vague and evasive Aiq:&W S in onse to questions from the community.The applicant has not earned the trust of this community due to continuous inaccuracies. We request your support by voting no for this appheant's special use permit.* Ver truly yours, f4enry Lee Loy, M.D. 1927 zzz O ? ¢ LU -D-L F- Q zoQ 6 1 U'U r UJ W ti UJ 9 _ O Lij C) W E , LUIUJ flG 3.n � NO w o= '� wCO w fes. ` i ` _ •r _ - ui LLI 0 u F jr LLI LU Z O O W 2 Ui CL O •I .SIG Y 1. .F JI co Z If\ I ` Q �.• +. w Y Wnn � � F �:.c, 'mss.= •` _ - J O U ; W 1 Q rn0z a, LU � 4 !� OW �?y i.i `^2`4S. •ti v^: u�•K ` .�.,„r .� -T,'�• �. ,S _ Otea U 0 Cf) 1 Z Z ZciCA LLJ : 1 All UW ' W QOM : - r O � Z U) �-. ZZ Olf L? O W I Z W W �' � � ~� c _ _ ~ CO w Wpm O LL AM� Of dZco O� W � 000 UJ Z O O 02 0 Wit, i r � - 0 a zQw = z -. OrLLJz w � Z Z O . Lij J � oU •.d :.�1 . no zvC7 � VJ I f1? W.J a. Z W V /USF- E Cc LL, IL = z %r:;• ��=-tib '�J.: r r''' 192! To the Windward Planning Commission, At the first hearing Phillip Rowell disputed Dr.Lee Loy and said the latest traffic report was done in 2010_ The actual counting of vehicles was done in 2009 as Dr.Lee Loy stated. Phillip Rowell redid the numbers in 2010 using data from the 2009 study. Phillip Rowell also disputed claims of traffic accidents on Kau mann Drive claiming to have 40 years experience in his business. Information on traffic data can easily be obtained by calling Community Police Program. This is a free service and as a so called expert he should have already now about this. Phillip Rowell was convicted in 2002 for operating a vehicle under the influence of an intoxicant. If he has not sought help for this addiction and successMy completed rehabilitation,he still has a problem with intoxication and should not be doing reports that affect the lives of our community. He mocks the very system he represents. If he did in fact attend rehab and successfully complete the course I wish him well abstaining. Respectfully, Jeff Gomes I V 1930 _4 ` .. eCrim Record Data Generated: 11/20/1012 Validation Code; LAIPzCaOiRbg.o http ://scrim.ehawaii.govlahewalvalidate.do Search Criteria: Last Name = ROWELL ( Sounds Like) , First Name= PHILLIP ( First Initial ) , Sex= Male You have selected atilt ROWELL,PHIL - r� Age: 63, Total Record information `"' f Also Known A Summary WalCharg NO Arrest genn Date 1. COM23 1 DR t� MISl7 ~G 05!31/2002 CHARGE R L CNARGE rge: The ehawge;was LE:ukbr� TH OF AN INTOXIOANT (. rwded ai beim" SD. Disposition: Onj1 /2Oq2 r, J D-QUI€TY : f Sentence:- Case entence:Case No: o AUI DI , M COURT) Arrest Report ' 878 °' ` 7 e..�[;vf'."+.-r'.�.amu`.> .n- +off-.. �� - •+ of Charges f Top * IMPORTANT: eased upon u have provided. Therefore it is you �t1�y verify the irfor a ch it against your a search criteria. Furth ;' ' . -�.'�Y to cases in which the defendant is acquitted, al disease, disorder or defect, under chapter 7'04, _ ata Center and does not include data maintained by th Because the criminal history recd `-Sew criminal history record check should be obtained for each sub sequ = made to insure the accuracy of this information. Any disputes should be addressed separa sly with the Hawaii Criminal Justice Data Center. This eCrim record has a unique validation number located on the top of the report. Records can be validated for up to sixty days from the date of purchase by visiting (free of charge) the validation service (https://ecrim.ehawaii.govlahewalvalidete.do)and enter the validation number in the appropriate box. Page 1 of 1 1931 'r- rs f jr j l ` Jim r- , Connections Public CharterSchool A Community, Business &Education Learning 'Ohana January 10,2013 Aloha Windward Planning Commission: You will not be hearing a lot of public testimony from our students today. These meetings have given our students a glimpse of County government in action.It saddens me to say that some of our students feel intimidated by some-of those who have given public testimony. Several of these students live in Kaumana and face a barrage hateful signs every day.New signs have appeared recently with cartoon characters on them.Imagine a kindergarten student seeing a cartoon character with the message "No Connections in Kaumana."That same student has been making paper snowflakes to send to the children from Sandy Hook Elementary. We choose not to subject our students to any more abusive testimony.The level of harassment has escalated to the point where two of our staff have restraining orders against the creator of the"No Connections in Kaumana"signs. Parents choose to send their children to charter schools. Start-up charter schools are not defined by geographic boundaries.Why shouldn't parents from East Hawaii be allowed to choose to send their children to a school with programs focused on agriculture and sustainability?This Kaumana sight is former Crown land.At the time of annexation,the former Crown lands were ceded to the US Federal Government.When Hawaii became a state.the lands were transferred to the state.The federal act authorizing the transfer required that the lands be used for five purposes with the first being"Support of public education." I sincerely hope that this Commission take the high road and send this matter to the State Land Use Commission.I'd like to stress the following points from my previous testimony: • Article X of Hawaii's State Constitution clearly says,' he State shall provide for the establishment, support and control of a statewide system of public schools free from sectarian control,a state university,public libraries and such other educational institutions as may be deemed desirable, including physical facilities therefor." §171-95.5 provides for the lease of public lands to public charter schools. • School officials consulted the Hawaii County Code,the Hawaii County General Plan and a County memo(Charter Schools and land Use Regulations)outlining a compilation of county and state rules and regulations that charter schools in Hawaii County were required to follow. Iii§10.2.1 of the Hawaii County General Plan,charter schools are defined as public schools "responsible for selecting their own sites."The memo defines the applicability of State laws as,"Charter schools are exempt from state laws, except those relating to health and safety and a few other exceptions(i.e.building,fire, and sanitation codes). The major effect of this exemption is that Charter Schools located in State Land Use Agricultural-Districts do not have to obtain a Special Permit." Id at 11)OPhItA by I'd M17. ,�°t 1932 • With no CDP to look to for guidance,the General PIan provides guidance. It says the.following concerning use of State lands: ( 14.9.2 Goals -A (a)Utilize publicly owned lands in the best public interest and to the maximum benefit for the greatest number of people, 4 (b)Acquire lands for public use to implement policies and programs contained in the General Plan. 14.9.3 Policies 4 (a)Encourage uses of public lands that will satisfy specific public needs, such as housing,recreation, open space and education. Again I ask,are the issues being brought up to halt the development of Connections' new Kaumana campus only going to be centered around the"not in my backyard"neighbors living on one-acre agriculture lots?Or will the Windward Planning Commission follow the goals and policies specified in the General Plan? Mahalo John Thatcher 1933 •1 _ 1 r� /5 d 1/ !1 ) } 4 } LAND COURT SYSTEM ) REGULAR SYSTEM Return by Mail ( } Pickup ( ) To : Total Number of Pages : W Tax Map Key No. (3) 2-5-006 :141 GENERAL LEASE NO. S-6029 between STATE OF HAWAII and CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL, a public charter school under the State of Hawaii Situate at Ponohawai, South Hilo, Island of Hawaii, Hawaii Consisting of Mauka Parcel containing an area of 32 . 918 acres, subject to easements, and Makai Parcel containing an area of 37 . 227 acres for school purposes Rc'dal mtg b 477799_7..POC Mist,d Read T E COPY g d, 9' . TABLE OF CONVENTS Pale TERM OF LEASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ANNUAL RENTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 REOPENING OF 'ANNUAL -RENTAL . . . . . . . . . . . . . . . . . . . . . . . . . . 2 INTEREST RATE/SERVICE CHARGE 2 RESERVATIONS : 1 . Minerals and waters 3 2 . Ownership of improvements . . . . . . . . . . . . . . . . 3 AGREEMENTS AND COVENANTS BETWEEN PARTIES: 3 . Taxes, assessments, etc . 4 2 . Utilitv services . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3 . Covenant against discrimination . . . . . . . . . . . 4 4 . Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 . Waste and unlawful, improper or offensive use of premises 4 6 . Compliance with laws 4 7 . Inspection of premises . . . . . . . . . . . . . . . . . . . . 4 8 . Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9 . Repairs to improvements 5 10 . Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 . Character of use 5 12 . Assignments, etc. 5 13 . Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 . Costs of litigation . . . . . . . . . . . . . . . . . . . . . . . 6 15 . Breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16. Condemnation 6 17 . Right to enter . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 18 . Bond, performance . . . . . . . . . . . . . . . . . . . . . . . . . 7 19 . Extension of time . . . . . . . . . . . . . . . . . . . . . . . . . 7 20 . Quiet enjoyment . . . . . . . . . . . . . . . . . . . . . . 1 . . . . 8 21. Surrender or termination . . . . . . . . . . . . . . . . . . 8 22 . Non-warranty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 23 . Hazardous materials . . . . . . . . . . . . . . . . . . . . . . . 8 24 . Hawaii law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 25 . Exhibits - Incorporation in lease . . . . . . . . . 9 26 . Headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 27 . Partial invalidity . . . . . . . . . . . . . . . . . . . . . . . . 9 28 . Withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 29 . Termination by either party . . . . . . . . . . . . . . . 10 1p30 . Non-use and abandonment . . . . . . . . . . . . . . . . . . . 10 47'?'744_1.noC i � r TABLE OF CONTENTS (cont' d) P_ age 31 . Building construction . . . . . . . . . . . . . . . . . . . . . 10 32 . Clearances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 33 . Time of essence . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 34 . Historic preservation 10 35 . Removal of trash . . . . . . . . . . . . . . . . . . . . . . . . . . 10 36 . Phase I environmental site assessment . . . . . . 11 31 . Survey and boundary stakeout 11 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SIGNATURE PAGE . . . . . . . . . . . . . . . . . . . . 13 ACKNOWLEDGMENT PAGE . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 , 4;7794�Z_40C i 1T T1 r C STATE OF HAWT PLEASE DO NO DEPARTMENT OF LAND PND NA DATE DOCUMENT GENERAL LEASE NO. THIS LEASE, made this day of , 20 by and between the ,STATE OF HAWAII, hereinafter referred to as the "Lessor, " by its Board of Land and Natural Resources, called the "Board, " and CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL, a public charter school under the State of Hawaii, whose address is 174 Kamehameha Avenue, Hilo, Hawaii 96720, hereinafter referred to as the "Lessee. " WITNESSETH: The Lessor, pursuant to Section 171-95 (a) (2) and Section 171-95. 5, Hawaii Revised Statutes, and Charter signed by the Governor of the State of Hawaii, the Chairperson of the Board of Education, and the Superintendent of Education on May 5, 2000, for and in consideration of the terms, covenants and conditions herein contained, all on the part of the Lessee to be kept, observed and performed, does lease unto the Lessee, and the Lessee does lease from the Lessor the premises situate at Ponahawai, South Hilo, Island of Hawaii, Hawaii, identified as "Connections New Century Public Charter school, Mauka Parcel" more particularly described in Exhibit "A" and delineated on Exhibit "B, " both attaciled hereto and made parts hereof, and "Connections New Century Public Charter School, Makai Parcel" more particularly described in Exhibit "C" and delineated on Exhibit "D, both attached hereto and made parts hereof. TO HAVE AND TO HOLD the leased premises unto the Lessee for the term of sixty-five (65) , commencing on the _^ day of 20 up to and including the _ day of , , unless sooner terminated as hereinafter provided, the Lessor reserving and the Lessee yielding and paying to the Lessor at the Office of the Department of Land and Natural Resources, Honolulu, Oahu, State of Hawaii, an annual rental as provided hereinbelow, payable in advance, without notice or demand, in equal semi-annual installments on and of each and every year during the term as follows : A. For the first ten (10) years, the sum of FOUR HUNDRED EIGHTY AND N0/100 DOLLARS ($4$0, 00) per annum. 477744_i-Doc 19: B . The annual rental reserved shall be reopened and redetermined on tenth (10th) , twentieth (20th) , thirtieth (30th) , fortieth (40th) , fiftieth (50th) and sixtieth (60th) years. C. _Determination of rent upon reopening. The rental for any ensuing period shall be the fair market rental at the time of reopening. At least six months prior to the time of reopening, the fair market rental shall be determined by: (1) An employee of the Department of Land and Natural Resources qualified to appraise lands; or (2) A disinterested appraiser whose services shall be contracted for by the Board. Lessee shall be notified of the determination by certified mail,' return receipt requested. Lessee must notify Lessor in writing within thirty (30) days after receipt of the determination that Lessee disagrees with the fair market rental as determines by the Board's appraiser and that Lessee has appointed its own appraiser, whose name and address shall be stated in the notice. The determination shall be ,teemed received by Lessee on the dare the Lessee signs the return receipt or three (3) days after mailing, Awhk whichever occurs first . within sixty (60) days of Lessor' s receipt of Lessee's notification, Lessee' s appraiser and ,the Board' s appraiser shall appoint a third appraiser, unless Lessee ' s appraiser and the Board's appraiser have agreed upon the fair market rental , and the fair market rental shall be determined by arbitration as provided in chapter 658A, Hawaii Revised Statutes . The Lessee shall pay for the Lessee' s own appraiser, the Board shall pay for its appraiser, and the cost of the third appraiser shall be borne equally by the Lessee and the Board. In the event that the fair market rental is ndt finally determined before the reopening date, the Lessee shall pay the rental as determined by the Board' s appraiser until the new rent is determined, and the rental paid by Lessee shall then be subject to retroactive adjustments as appropriate . Should the Lessee fail to notify Lessor in writing, within thirty (30) days after receipt of the determination that Lessee disagrees with the fair market rental as determined by the Board' s appraiser and that Lessee has appointed its own appraiser, then the fair market rental as determined by the Board' s appraiser shall, be deemed to have been accepted by Lessee and shall be the fair market rental as of the date of reopening. D. The interest rate on any and all unpaid or delinquent rentals shall be at one percent (1%) per month, plus a 4 7-1-1441.DOC 2 1938 service charge of FIFTY AND NO/100 DOLLARS ($50 . 00) a month for each delinquent payment . RESERVING UNTO THE LESSOR THE FOLLOWING: ? . Minerals and waters . (a) All minerals as hereinafter defined, in, on or under the premises and the right, on its own behalf or through persons authorized by it, to prospect for, mine and remove the minerals and to occupy and use s'o much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of the minerals by any means whatsoever, including strip mining. "Minerals, " as used herein, shall mean any or all oil, gas, coal, phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous or liquid, including all geothermal resources, in, on, or under the land, fast or submerged; provided, that "minerals" shall not include sand, gravel, rock or other material suitable for use and used in -general construction in furtherance of the Lessee ' s permitted activities on the premises and not for sale to others . (b) All surface and ground waters appurtenant to the premises and the right on its own behalf or through persons authorized by it, to capture, divert or impound the same and to occupy and use so much of the premises required in the exercise of this right reserved; provided, however, that as a condition precedent to -the exercise by the Lessor of the rights reserved in this paragraph, just compensation shall be paid to the Lessee for any of Lessee ' s improvements taken. 2 . Ownership of im rovements . The ownership of all improvements of whatever kind or nature, including but not limited to fences and stockwater system(s) located on the land prior to or on the commencement date of this lease, excluding those improvements constructed during the term of this lease unless provided otherwise. SUBJECT TO the rights of native tenants and to regulatory rights and ownership rights (if any) of the State of Hawaii established pursuant to state law including Chapter 5E, Hawaii Revised Statutes, over prehistoric or historic remains found in, on, or under the land. 477744},DOC 3 TkIE LESSEE COVENANTS JANg AGREES WITH THE LESSOR AS FOLLOWS: 1 . Taxes, _assessments, etc. The Lessee shall pay or cause to be paid, when due, the amount of all taxes, rates, and assessments of every description as to which the premises or any part, or any improvements, or the Lessor or Lessee, are now or may be assessed or become liable by authority of law during the term of this lease; provided, however, that with respect to any assessment made under any betterment or improvement law which may be payable in installments, Lessee shall be required to pay only those installments, together with interest, which becomes due and payable during the term of this lease. 2 . Utility services . The Lessee shall be responsible for obtaining any utility services and shall pay when due all charges, duties and rates of every description, including water, sewer, gas, refuse collection or any other charges, as to which the premises or any part, or any improvements, or the Le$sor or Lessee may become liable for during the term, whether assessed to or payable by the Lessor or Lessee. 3 . Covenant against discrimination. The use and enjoyment of the premises shall not be in support of any policy AdNhwhich discriminates against anyone based upon race, creed, sex, color, national origin, religion, marital status, familial status, ancestry, physical handicap, disability, age or HIV (human immunodeficiency virus) infection. 4 . Sanitation. The Lessee shall keep the premises and improvements in a strictly clean, sanitAry and orderly condition. S . Waste .and unlawful, im roper or offensive use of premises. The Lessee shall not commit, suffer or permit to be committed any waste, nuisance, strip or unlawful, improper or offensive use of the premises or any part, nor, without the prior written consent of the Lessor, cut down, remove or destroy, or suffer to be cut down, removed or destroyed, any trees now growing on the premises. 5 . Compliance with laws . The Lessee shall comply with all of the requirements of all municipal, state, and federal authorities and observe all municipal, state and federal laws applicable to the premises, now in force or which may be in torce. 7 . Inspection of premises . The Lessee shall permit the Lessor and its agents, at all reasonable times during Lhe 4777a9_l.DOC a C C lease term, to enter the premises and examine the state of its repair and condition. 8. Improvements. The Lessee shall not at any time during the term construct , place, maintain and install on the premises any building, structure or improvement of any kind and description except with the prior written approval of the Board and upon those conditions the Board may impose, unless otherwise provided in this lease . The Lessee shall own these improvements until the expiration or other termination of the lease, at which time the ownership shall at the option of the Lessor, remain and become the property of the Lessor or shall be removed by Lessee at Lessee' s sole cost and expense. Upon termination and/or expiration of the lease and if desired by the Lessor, the Lessee at its expense, shall remove any and all improvements installed or constructed upon the premises and restore said premises to a condition satisfactory to the Lessor. 9. Repairs to improvements. The Lessee shall , at its own expense, keep, repair, and maintain all buildings and improvements now existing or hereafter constructed or installed on the premises in good order, condition and repair, reasonable wear and tear excepted. 10 . Liens. The Lessee shall not commit or suffer any act or neglect which results in the premises, any improvement, or the leasehold estate of the Lessee becoming subject to any attachment, lien, charge, or encumbrance, except as provided in this lease, and shall indemnify, defend, and hold the Lessor harmless from and against all attachments , liens, charges, and encumbrances and all resulting expenses . 11 . Character of use . The Lessee shall use or allow the premises leased to be used solely for school purposes . 12 . Assignments; etc- The Lessee shall not sublease, subrent, transfer, assign, or permit any other person to occupy or use the premises or any portion or transfer or assign this lease or any interest therein, either voluntarily or by operation of law, without the prior written approval of the Board. 13 . Indemnity. The Lessee shall indemnify, defend, and hold the Lessor harmless from and against any claim or demand for loss , liability, or damage, including claims for bodily injury, wrongful death, or property damage, arising out of or resulting from: 1) any act or omission on the part of Lessee 477794_1.AOC 194 relating to Lessee ' s use, occupancy, maintenance, or enjoyment of the premises; 2) any failure on the part of the Lessee to maintain the premises and sidewalks, roadways and parking areas adjacent thereto in Lessee ' s use and control , and including any accident: fire or nuisance, growing out of or caused by any failure on the part of the Lessee to maintain the premises in a safe condition; and 3) from and against all actions, suits, damages, and claims by whomsoever brought or made by reason of the Lessee ' s non-observance or non-performance of any of the terms, covenants, and conditions of this lease or the rules, regulations, ordinances, and laws of the federal, state, municipal or county governments. 14 . Costs of litigation. In case the Lessor shall, without any fault on Lessor' s pant, be made a party to any litigation commenced by or against the Lessee (other than condemnation proceedings) , the Lessee shall pay all costs, including reasonable attorney' s fees, and expenses incurred by or imposed on the Lessor; furthermore, the Lessee shall pay all costs, including reasonable attorney' s fees, and expenses which may be incurred by or paid by the Lessor in enforcing the covenants and agreements of this lease, in recovering possession of the premises, or in the collection of delinquent rental, taxes,, and any and all other charges . 15 . Breach. Time is of the essence in this agreement and if the Lessee shall become bankrupt, or shall abandon the premises, or if this lease and premises shall be attached or taken by operation of law, or if Lessee shall fail to observe and perform any of the covenants, terms, and conditions contained in this lease and on its part to be observed and performed, and this failure shall continue for a period of more than sixty (60) days after delivery by the Lessor of a written notice of breach or default and demand for cure, by personal service, registered mail or certified mail to the Lessee at ics last known address and to each holder of record having a security interest in the premises, the Lessor may, subject to the provisions of Section 171-21, Hawaii Revised Statutes, at once re-enter the premises, or any part, and upon or without the entry, aE its option, terminate this lease without prejudice to any other remedy or right of action for arrears of rent or for any preceding or other breach of contract; and in the event of termination, at the option of the Lessor, all buildings and improvements small remain and become the property of the Lessor or shall be removed by Lessee; furthermore, Lessor shall retain all rent paid in advance to be applied to any damages. 16 . Condemnation. If at any time, during the term of 477744_1_DOC 6 194: p Y f C this lease, any portion of the premises should be condemned, or required for public purposes by any county or city and county, the rental shall be reduced in proportion to the value of the portion of the premises condemned. The Lessee shall be entitled to receive from the condemning authority (a) the value of growing crops, if any, which Lessee is not permitted to harvest and (b) the proportionate value of the Lessee ' s permanent improvements so taken in the proportion that it bears to the unexpired term of the lease; provided, that the Lessee may, in the alternative, remove and relocate its improvements to the remainder of the lands occupied by the Lessee. The Lessee shall- not by reason of the condemnation be entitled to any claim against the Lessor for condemnation or indemnity for leasehold interest and all compensation payable or to be paid for or on account of the leasehold interest by reason of the condemnation shall be payable to and be the sole property of the Lessor. The foregoing rights of the Lessee shall not be exclusive of any other to which Lessee may be entitled by law. Where the portion taken renders the remainder unsuitable for the use or .uses for which the premises was leased, the Lessee shali have the option to surrender this lease and be discharged and relieved from any further liability; provided, that Lessee may remove the permanent improvements constructed, erected and placed by it within any reasonable period allowed by the Lessor. 17 . Right to enter. The Lessor or the County and their agents or representatives shall have the right to enter and cross any portion of the premises for the purpose of performing any public or official duties; provided, however, in the exercise of these rights, the Lessor or the County shall not interfere unreasonably with the Lessee or Lessee' s use and enjoyment of the premises . 18 . Bond, performance. The Lessee shall , at its own cost and expense, within fifteen (15) days from the effective date of this lease, procure and deposit with the Lessor and thereafter keep in full force and effect during the term of this lease a good and sufficient surety bond, conditioned upon the full and faithful observance and performance by Lessee of all the terms, conditions, and covenants of this lease, in an amount equal to two times the annual rental then payable . This bond shall provide that in case of a breach or default of any of the lease terms, covenants, conditions, and agreements, the full amount of the bond shall be paid to the Lessor as liquidated and ascertained damages and not asa penalty. 19 . Extension of time. Notwithstanding any provision contained in this lease, when applicable, the Board may for good 4,2774 4 1.AOC 7 is C_ cause shown, allow additional time beyond the time or times specified in this lease for the Lessee to comply, observe, and perform any of the lease terms, conditions, and covenants. 20 . Quiet enjoyment . The Lessor covenants and agrees with the Lessee that upon payment of the rent at the times and in the manner provided and the observance and performance of these covenants, terms, and conditions on the part of the Lessee to be observed and performed, the Lessee shall and may have, hold, possess, and enjoy the premises for the term of the lease, without hindrance or interruption by the Lessor or any other person or persons lawfully claiming by, through, or under it . 21 . Surrender or termination. The Lessee shall , at the end of the term or other sooner termination of this lease, peaceably deliver unto the Lessor possession of the premises in a clean and orderly condition, together with all improvements existing or constructed thereon or Lessee shall remove such improvements, at the option of the Lessor. Furthermore, upon the expiration, termination, and/or revocation of this lease, should the Lessee fail to remove any and all of Lessee ' s personal property from the premises, after notice thereof, the Board may remove any and all personal property from the premises and either deem the property abandoned and dispose of the property or place the property in storage at the cost and expense of Lessee, and the Lessee does agree to pay all costs and expenses for disposal , removal, or storage of the personal property. This provision shall survive the termination of the lease. 22 . Non -warranty. The Lessor does not warrant the conditions of the premises, as the same are being leased as is . 23 . Hazardous materials. Lessee shall not cause or permit the escape, disposal or release of any hazardous materials except as permitted by law. Lessee shall not allow the storage or use of such materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such materials, nor allow to be brought onto the premises any such materials except to use in the ordinary course of Lessee ' s business, and then only after written notice is given to Lessor of the identity of such materials and upon Lessor' s consent which consent may be withheld at Lessor' s sole and absolute discretion. If any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials by Lessee, then the Lessee shall be responsible for the reasonable costs thereof . In addition, Lessee shall_ execute affidavits, representations and the like from time to time at Lessor' s request concerning 977749_l.CIOC 8 19d r n r Lessee ' s best knowledge and belief regarding the presence of hazardous materials on the premises placed or released by Lessee. Lessee agrees to indemnify, defend, and hold Lessor harmless, from any damages and claims -resulting from the release of hazardous materials on the premises occurring while Lessee is in possession, or elsewhere i £ caused by Lessee or persons acting under Lessee . These covenants shall survive the expiration or earlier termination of the lease. For the purpose of this lease "hazardous material" shall mean any pollutant, toxic substance, hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant to the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean. Water Act, or any other federal, state, or local environmental law, regulation, ordinance, rule, or by-law, whether existing as of the date hereof, previously enforced, or subsequently enacted. 24 . Hawaii law. This lease shall be construed, interpreted, and governed by the laws of the State of Hawaii . 25 . Exhibits - Incorporation in lease . All exhibits referred to are attached to this lease and hereby are deemed incorporated by reference. 25 . Headings . The article and paragraph headings herein are inserted only for convenience and reference and shall in no way define, describe or limit the scope or intent of any provision of this lease. 27 . Partial invalidity. If any term, provision, covenant or condition of this lease should be held to be invalid, void or unenforceable, the remainder of this lease shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby. 28 . Withdrawal . The Lessor shall have the right to withdraw the premises, or any portion, at any time during the term of this lease upon giving reasonable notice and without compensation, except as otherwise provided in the lease, for public uses or purposes, including residential, commercial , industrial, or resort developments, for constructing new roads or extensions, or changes in line or grade of existing roads, for rights of way and easements of all kinds, and shall be subject to the richt of the Board to remove soil , rock or gravel as may be necessary for the construction of roads and rights of way within 477744_1.DOC 9 or without the premises; provided, that upon the withdrawal ; or upon the taking which causes any portion of the land originally leased to become unusable for the specific use or uses for which it was leased, the rent shall be reduced in proportion to the value of the land withdrawn or made unusable, and if any permanent improvement constructed upon the land by the Lessee is destroyed or made unusable in the process of the withdrawal or taking, the proportionate value shall be paid based upon the unexpired 'term of the lease . 29 . Termination by either party. The Lessor and Lessee, by mutual agreement, may terminate this lease at any time without cause, provided that the Lessor and the Lessee are not in breach of any condition Herein at the time of the mutual agreement to terminate. This provision can be waived by the parties provided such waiver is in writing and signed by both parties . 3D . Non-use and abandonment . If the Lessee shall., at any time for a continuous period of one (1) year, fail or cease to use, or abandon all or any portion of said premises, this lease shall cease and terminate. 31 . Building construction. All building construction shall be in full compliance with all laws, rules and regulations of the federal, state, and county governments and in accordance with plans and specifications submitted to an approved by the Chairperson ,prior to commencement of construction. 32 . Clearances . The Lessee shall be responsible for obtaining all necessary federal, state or county clearances . 33 . Time of essence Time is of the essence in all provisions of this lease. 34 . Historic preservation. In the event any historic properties or burial sites, as defined in section 6E-2, Hawaii ' Revised Statutes, are found on the premises, the Lessee and the Lessee ' s agents, employees and representatives shall immediately stop all land utilization and/or work and contact the Historic Preservation Office in compliance with Chapter 6E, Hawaii Devised Statutes . 35 . Removal of trash. The Lessee shall be responsible for the removal of all illegally dumped trash upon the premises within ninety (90) clays from the date of execution of the lease and shall so notify the Lessor in writing at the end of ninety (90) days . 477744_1-DOC Q 194 Y C 35. Phase I environmental site assessment. Prior to termination or revocation of the subject lease, Lessee shall conduct a Phase I environmental site assessment and conduct a complete abatement and disposal, if necessary, satisfactory to the standards required by the Federal Environmental Protection Agency, the Department of Health, and the Department of Land and Natural Resources . Failure to comply with the provisions of this paragraph shall not extend the term of this lease or automatically prevent termination or revocation of the lease. The Board, at its sole option, may refuse to approve termination or revocation, unless this evaluation and abatement provision has been performed. In addition or in the alternative, the Board may, at its sole option if Lessee does not do so, arrange for performance of the provisions of this paragraph, all costs and expenses of such performance to be charged to and paid by Lessee . 37 . Survey and boundary stakeout , The Lessee shall be solely responsible for any survey and boundary stakeout of the leased premises . '....,.L_��. .' - __ .r,.' -`_ r:�•�: Yti,y 1-�•:cT',Y:�t�., 'u:r `;;.n+.Y a:+'.r et'+ti ry.s+yl��.}�'ye.,C.�.F ',y�y:: _....-.r_ _ ___ _... ._.__. moi.._=3,'•1..fi=.`...;.—._�-',•��_.:Jrt+a•' �i���.FiE.S �h��.i:Ty�r�'„••i.T'1 ^� hr 'd�`~w anaaa_i_ooc ll Definitions . 1 . The use of any gender shall include all genders, and if there is more than one lessee, then all words used in the singular shall extend to and include the plural. 2 . As used in this lease, unless clearly repugnant to the context: (a) "Chairperson" means the Chairperson of the Board of Land and Natural Resources of the State of Hawaii or his successor. (b) "Lessee" means and includes the Lessee, its officers, employees, invitees, successors or permitted assigns . (c) "Holder of record of a security interest" means a person who is the owner or possessor of a security interest in the land leased and who has filed with the Department of Land and Natural Resources and with the Bureau of Conveyances of Che State of Hawaii a copy of this interest. (d) "Premises" means the 'land leased and all buildings and improvements now or hereinafter constructed and installed on the land leased. (e) "Waste" includes, but is not limited to, (1) permitting the premises, or any portion, to become unduly eroded or failure to take proper precautions or make reasonable effort to prevent or correct the erosion; (2) permitting a substantial increase in noxious *Needs in uncultivated portions of the premises; and (3) failure to employ all of the usable portions of the premises . (f) "Days" shall mean calendar days unless otherwise specified. Amok 477744_1.DOC 12 19� C. IN WI'I'bTESS WHEREOF, the STATE OF HAWAII, by its Board of Land and Natural Resources, has caused the seal of the Department of Land and Natural Resources to be hereunto affixed and the parties hereto have caused these presents to be executed the day, month and year first above written. STATE OF HAWAII Approved by the Board By of Land and Natural WILLIAM J . AILA, JR. Resources at its Chairperson meeting held on Board of Land and January 13 , 2011 . Natural Resources LESSOR CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL, a public charter school under the State of Hawaii L. TffArfCftkT- LESSEE APPROVED AS TO FORM: ju�,E VCHINA Dep ttorney General Dated;nW �svbe- 20 477744_1-DDC 13 1949 �._ STATE OF HAWAII } COUNTY OF On this S day of � '=<-►�--� � , 2 D 1 z , before me personally appeared JOHN L. THATCHER, to me personally known, who, being by me duly sworn or affirmed, did say that such person executed the foregoing instrument as the free act and deed of such person, and if applicable in the capacity shown, having been duly authorized to execute such instrument in such capacity. J. A- NOTARYtary Public, State of Hawaii r PUBLIC`f PAMELA J A MARTIN No. BG-3G My commission expires: G� tot • L NOTARY ,'1,l7ll ttr lrr+ Urrrla,ted attime of N fly !' of¢¢artaL•:rl� i�r,��� �2 _ •'Via. 8�-3r - �u�c� VidS,Sltei± , ��✓1�.T'!!'CE![� r'r-Doc. Desr;dpL� 17TH+•'....�'�*`, r` r Notary Sn urs Feta 177744-1.DOC 14 19E S 4 a r kS 9� Y STA'T'E OF19AWAVI SURVEY DIVISION DEPARThMNf OF ACCOUNTING AND GENERAL SERVICES HONOLULU c.S.F. No. . 25,178 May 10,2012 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL MAUKA PARCEL Ponahawai, South Hilo,Island of Hawaii, Hawaii Being a portion of the Government(Crown)Land of Ponabawair Beginning at the southeast corner of this Parcel of land and on the west side of Edita Stree# the coordinates of said point of beginning referred to Government Survey Triangulation Station"HALAL"being 9710.53 feet South and 8928.52 feet West,thence running by azimutbs measured clockwise from True South:- 1. 510 30' 502.51 feet along Pacific Plantation,Increment 1-A, File Plan 1927; 2. 160 20' 185.00 feet along Pacific Plantation,Ineremer I-A, File Plan 1927; 3. 790 26' 515.00 feet along Pacific Plantation,Increment 1-A, File Plan 1927; 4. 63° 00' 244.00 feet along Pacific Plantation, increment 1-A, File Plait 1927; 5. 130 00' 393.00 feet along Pacific Plantation, Increment I-A, File Plan? 192 7; 6, 950 44' 5.53.00 feet along Pacific Plantation,Increinwt 1-B; 195 } r C . C.S.F.No. 5J78 May 10,2012 7. 980 46' 732,00 feet along Pacific Plantation,Increment 1-B; 8. 2010 16' 134.11 feet along the east side of Kaumana Drhre; 9. 287° 12' 180.46 Leet along Grant 10393 to Kenichi Mimi; 10. 2520 28' 235.02 feet along Gnat 10971 to George Wong Makaea, Grant 10473 to Hisanori Kitamura and Grant 10392 to Hiroshi Futagodani; 11. 3330 30' 28.30 feet along R.P. 5516,L.G. Aw.4983 to Kukeleau; 12. 2290 17' 30" 979.55 feet along R.P. 5516, L.C.Aw. 4983 to Kukeleau; 13, 1580 40' 118.11 feet along R-P. 5516,L.C.Aw.4983 to Kukeleau; 14. 2360 21' 54.88 feet along the east side of Kaurnana Drive; 15. Thence along the east side of Kaiunana drive on a curve to the right with a radius of 750:00 feet,the chord azimuth and distance being: 248° 33' 316.99 feet; 16. 2600 45' 40.22 feet along the east side of Kaurnana Drive; 17. 242° 01' 122.17 feet along the east side of Kaumsna Drive; 18, 2210 40' 341.67 feet along the east side of Kauinaaa Drive, 19. 210° 35' 33.51 feet along the east side of Kaumana Drive; 20. Thence along the south corner of the intersection of Kauman.a Drive and Edita Street-on a ccu:ve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 2510 30' 3 9.3 0 feet; 21. 292° 25' 307.72 feet along the west side of Edita Street; 22, Thence along the west side of Edita Street on a cane to the righr with a radius of 265.00 feet, the chord azimuth and distance being: 3030 42' 30" 103.78 feet; 23. 315° 00' 193.27 feet along the west side of Edita Street; _ 2 _ 191 ' Ki 25,178 Mai, 10: 1012 24. Thence along the west side of Edita Street on a curve to the right with a radius of 223.21 feet, the chord azimuth and distance being: 3220 11' 45" 55.92 feet; 25. 329" 23' 30" 122.21 feet along the west side of Edita.Street to The point of beginning and cont fining an AREA OF 32.918 ACRES. SUBJECT,HOWEVER,to the following easements as shown on plan attached hereto and made a part hereof: 1. Perpetual Non-Exclusive Telephone Basement T-3A covered by C'mt of Easement: State of Hawaii to GTE Hawaiian Telephone Co_, hic.dated October 6, 1998 and recorded as Document Nos. 99-006096 and 99-006097(Land Office Deed S-28322), 2. Petpetual Non-Exclusive Telephone Easement T-3 covered.by Grant of Easement: State of Hawaii to GTE Hawaiian Telephone Co., Inc. dated.lune 7, 1999 and retarded as Document Mos. 99-155329 and 99-155329 (Land Office Deed S-28353). SURVEY DIVISION DEPARTMCNT OF ACCOII-ITING AND GENERAL SERVICES STATE OF HAWAII By: J •i'�� h fG i�C i L. Glenn J. Kodani Land Surveyor ry Compiled from reap and desc, fern. by Island Sur«ey, Inc. Said snag and desc. have been examined and checked as to farm and mathematical correctness but not or the ground b5,the Survey Division. 195: - 3 - ✓ g q •' ti a 0 .� r p Q Dad cc Nil •� P a a . 4 U o a r c` �id•�4v'��bPL Atay h.4 C O 4 21a � m VAL OaC; 5� -y r wi' 14 1 I N .0 W9 = V 1 :7107y Gt°f0.ftl�°9v';ts. •I iumm 3n& Gr r 7 N A P .acrot 1 1 1954 {aarki S' lO6r, T O Ll 1 kT OF HAWA 'l SURVEY D MSION DEPA-RT'MMT 017 ACCOTJNT I NG AND GENERA.SERVICES HONOLULU as.F.Ho. 25,179 May 10,2012 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL MAIM PARCEL Ponahawai, South Hilo,Island of Hawaii,Hawaii Being a portion of the Government(Crown).Land of Ponahaw:i. Beginning at the southwest corner of this parcel of Laud and on tie east side Amok of Edita Street,the coardivates of said point of beginning referred to Government Survey Triangulation Station,"HALAI"being 3672,83 feet South and 8881.42 feet West,thence running by azimuths measured clockwise from True South:- I. 1490 23' 30" 113.89 feet along the east side of Edita Street; 2. Thence along the east side of Bdita Street on a curve to the Iefr with a radius of 283.21 feet,the chord azimuth and distance being: 142" 11' 45" 70.95 feet; 1 2250 00' 794.78 feet along Grant 12682 to Sueki and Sadr3ko Mitsuuaga, Grant 12799 to.Kanichi and Fuji-- F. Yatriarnota and Grant 12729 to Yukio and Elaine Ymika Y. Okutsu; 4. 1350 00' 369.38 feet along Grant 12729 to Yukio and Elaine Yuriko Y. Okutsu, Grant S-13689 to Riichi Segawa and Furuyo Otani Segawa; Y 5, 1590 59' 30" 389.64 feet along Grant 13547 to William K. Ahia and Lily Auld Ahia; EXHIBIT Sfic 19 5! is 4J C.S.F.No. 25.179 May 10, 2012 6. 2650 50' 1000.00 feet along Grant 54804 to fohn.F_. Ganialielson; 7. 2670 00' 950.00 feet along Grant 5484 to John E. Gamalielson; 8, 2990 30' 103.74 feet along Grant 5484 to Jobm E. Gamalielson; 9. 630 29' 21.2.29 feet along RP. 5706, L.C. Aw. 8521-B,Part2 to G.D. Hueu; 10. 380 05' 222.00 feet along RP. 5706, L.G.Aw, 8521-B,Part 2 to G.D. Hueu; 11. 44° 35' 27" 1156.59 feet along R.P. 5706, L.C. Aw. 8521-B,Part 2 to G.D. Hueu; 12. 640 18' 522.00 feet along R.P. 5706, L.C. Aw. 8521-B,Past 2 to G.D. Hum; Adftk 13. 890 33' 415.00 feet along RP. 5706, L.C. Aw. 8521-B,Part 2 to G.D. Hueu and Pacific Plantation,Increment 1-A, File Plan 1927; 14. 51° 30' 150.92 feet along Pacific Plantation,Increment 1-A,File Plan 1927 to the point of beginning and containing an AREA OF 3 7,22 7 ACRES. SURVEY DIVISION DEPARTMENT OF ACCOUNTING AND GLS MRAL SEWvgCES STATE OF HAWAII Glenn J.Kodan Land Surveyor ry Compiled from map and desc. f nn, by Island Survey,Inc. Said map and desc, have been examined and checked as to form acid mathematical correctness but not on the ground by the Survey Division. 2 195E ry ,•, Q cn ` x _ LU C� Z - c.5 .y a °o Lo a . _ x �LL, UN t3 CL � r Lit 1 a o x 4 B ~~y • x i I W Y CV i 2E M �t a x x w o q}6 a It a ex 1 o N �i gg • y r w FED IYA STREE i 1 JI o 1957 ° VAL UAM I Al"JR- NF]LABERCRa6BLE W-IAWMrLAWUAMNATMMALUMMCM f]MUiAN WATER RMMQ,-tiMA1AZMB fiCXNERW)ADFHAR'AII lftd and H 9A �ri STAIE OF HAPPAII o DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DIVISION 75 Aupuri Surra Room?04 Hilo,Hawaii 96720 ?BONE_(808)961-9590 FAX;(846)961-9599 December 12, 2012 Ref. No.: GL S-6029 Author. LD-GH Connections New Century Public Charter School 174 Karnehameha Avenue Hilo,HI 96720 Dear Sirs: Subject: General Lease No. S-6029, Connections New Century Public Charter School, for School Purposes, Kukuau, South Hilo, Hawaii; TMK (3) 2-5- 06:141 Enclosed are an original and three(3) copies of the above referenced document. Please review, sign and notarize all copies in accordance with the following instructions, which you may also want t0 share with your notary. 1. All legal lessees must sigD on the appropriate signature lines provided for LESSEE. If a name is spelled incorrectly, please make the necessary corrections and.initial. 2. Do not date the document! (Only the notary page should be dated.) 3. Do not make any additions, deletions or changes to the terms and conditions of the document. Any such changes will require starting the document preparation process over again. 4. For the notary page: a.. All blanks must be filled in. b. The appropriate county name must be filled in. G. The notary's name must be printed directly under the notary's signature, line. d. The notary's seal must bca affixed with "I-S" printed over the seal (if embossed). 19! Y C / 1 R Please pay particular attention to these instractions, as non-adherence will delay the processing of your document- In ocumentIn addition to returning all signed documents to our office,please remit the following: Please note that pursuant to paragraph 18 of your lease, you are required to obtain a performance bond in the amount of$960.00, This bond will be due 30 days from receipt of the executed document. Also, please remit $500.00 payable to the Department of Land and Natural Resources, Land Division for fines imposed by the Land Board at its meeting of October 26, 2012 (agenda item D-2). In addition, pursuant to paragraph 6 of your lease, you are required to comply to all Federal, State and Cohnty laws including conditions of any county use permits or special permits specifically pertaining to access to the State land. If you have any questions, please feel free to contact me at the Hawaii District Land Office at (808)961-9590. Thank you. Sin p y, Gordon C. Keit District Land Agent Enclosures cc: Land Board Member Central Files District Files Ted Hong 1959 Ln Q) V ! V J # 1 Ln r rI MEN-& on �--� /u •�� � t 1 l CL Ln \V Ln LU E U M E 00 U 0 W Ln C) E � E 0 4 i I i { 's a lif 1962 � §§® �LUIL . ■�® it \ . �§� 2 � b 2j® � too' & � k2� U© � §zoo RIM, ?� 2 2�Q & §� of #■ Zz 41 �© kL § - -30 'MO ■ §u.®R §`At $ . . La �k®§ /L/k 1963 f. t r 4-J CD (a CL •r -O O On w �~ O L ro 3 0- a 5 v 0 a v �. 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The project to develop a K to 12 charter school on land situated in the land use agricultural district has already undergone several rigorous reviews by government agencies and has passed the scrutiny accorded to public lands rules and laws. As public lands under the jurisdiction of the State of Hawaii Board of Land and Natural Resources,the Board has approved a direct lease to Connections at it's meeting held on January 13, 2011. According to the lease,the lands are to be used solely for school purposes. Also, the lease requires Connections to comply with all applicable county, state and federal law pertaining to this property. Thererfore,all applicable laws will need to be complied with or the lease will be subject to termination. The Department of Land and Natural Resources reviewed this project, and determined this project would not have significant impact and has issued a finding of no significant impact. The DLNR notified the Office of Environmental Control of it's finding in a letter dated October 22,2010. The State Office of Planning reviewed and commented on this project and the special permit application and in a letter dated October 3, 2012 to the Hawaii County Planning Department stated it has no objection to this project and provided comments and recommendations. The Hawaii County Planning Director has also reviewed the special permit application and has qW recommended that this commission send a favorable recommendation to the State Land Use Commission. The applicant has invested a substantial amount of money in the effort to develop a charter school on state public lands.It has complied with all applicable laws and has submitted to this commission evidence of it's compliance. It has retained engineers and consultants at substantial cost to conduct studies with respect to traffic and a water issues,and will continue to incur expenses to satisfy and applicable laws. Thank you for the opportunity to appear here today. we respectfully urge that this commission send a favorable recommendation to the State Land Use Commission on this special permit application. Monica Morris L17c'd at+ q- 1QDPY _�. 2001 RECORD OF VOTING WINDWARD PLANNING CONIlVIISSION COUNTY OF HAWAII DATE: �� ©3 APPLICANT: f" /i C' G ' ACTION: MOVED SECOND (6 O APPROVE AS RECOMMENDED BY PLANNING DIRECTOR O APPROVE WITH AMENDMENTS DENY O CONTINUE/DEFER O OTHERIREMARKS COMMISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT GONZALES,Ronald t ISHIBASHI,Wallace (Z- MOSES,Raplene ONO, Stephen AU,Dean (Chairman Pro Tern) 2001 RECORD OF VOTING WINDWARD PLANNING COMUSSION COUNTY OF HAWAII DATE: fo P 2 o 13 APPLICANT: "9X, Pr exJ "I f c. C `hr��,• ACTION: MOVED SECOND (6'A) 2""e� O APPROVE AS RECOMMENDED BY PLANNING DIRECTOR b �J O APPROVE WITH AMENDMENTS O DENY AEL O CONTINUE/DEFER OTHERIRE 1 p6L,/ r T c ,9 7— Ca��/ COMMISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT GONZALES,Ronald ISHIBASHI,Wallace MOSES,Raylene ONO, Stephen AU,Dean(Chairman Pro Tem) 2002 Ask WINDWARD PLANNING COMMISSION COUNTY OF HAWAM HEARING TRANSCRIPT JANUARY 10,2013 A regularly advertised hearing on the application of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL/CBESS (SPP 12-138)was called to order at 11:08 a.m. in the County of Hawaii,Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii,with Chairman Dean Au presiding. COMMISSIONERS PRESENT: Dean Au,Ronald Gonzales,Wallace Ishibashi,Raylene Moses and Stephen Ono STAFF PRESENT: Ivan Torigoe(Deputy Corporation Counsel),B. J. Leithead Todd(Planning Director),Daryn Arai (Planning Program Manager),Phyllis Fujimoto (Staff Planner), Maija Cottle(Staff Planner),Jeff Darrow(Staff Planner), and Sharon Nomura(Secretary) And approximately 45 people from the public in attendance. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL /CBESS (SPP 12-138) Continued hearing on an application for a Special Permit to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana,South Hilo,Hawaii,TMK: 2-5-006:141. AU: Okay, we're going on to Unfinished Business,Applicant: Connections New Century Public Charter School, Special Permit 12-138. Okay,we've heard this application, this is the third time. So, applicants, can you please come forward. Okay,I want to send out a reminder to the testifiers. We have 15 people testifying. You know,we're heard a lot of this testimony before, so let's try and make it brief. You know,our Commission, we do understand. We were all here the last two meetings,Mr.Ishibashi came late; we had to wait for him for the first meeting. So, you know,we are aware of the community's issues,so let's try and keep it brief. Okay, so -. DARROW: Mr. Chair, sorry to interrupt. If I could - AU: Oh, okay,I'm sorry. Staff presentation, yes. DARROW: No,no presentation. But I did want to bring to your attention correspondence that have been submitted to the Planning Commission since our last hearing. At our last hearing,one of the items that the Commission had requested was that the applicant meet with the community. 1 2003 6 0 That was scheduled for December 17`h. That meeting was held. There was a summary that was submitted dated,well, it was received January e; and it basically has a sign-in sheet and then it has a summary. Additionally,the applicant had submitted DVD copies of that meeting; and each of you have a copy of that. We've received a letter from the applicant's representative in regards, another letter in regards to the community meeting; and this attempts to address some of the issues of that meeting. And you'll see that it addresses certain conditions,either restated or offered. That was just received today, along with a copy of the lease agreement and the conditions placed on the property between the State of Hawaii and Connections. And that's this particular correspondence here. We had received a letter from Monica Morris who is the attorney representing the Attorney General's Office that will be representing the applicant, as well as a letter from John Thatcher. And then we have received numerous correspondence this rooming from surrounding property owners. And the Commission should have copies of each of these. Thank you, Mr. Chairman. AU; Thank you,Mr. Darrow. Okay, so now we have applicant's -. Can you all raise your hand; and I'll swear you all in. Do you all swear and affirm to tell the truth on this matter in front of the Hawaii County Planning Coinmission today? REPRESENTATIVES: Yes. AU: Okay,before you get started,please state your name,where you reside, and speak in the microphone,please. S. S. LEE LGY: Aloha, Chairman,Members of the Commission. Happy New Year. My name is Sue Lee Loy. I live in Panaewa. With me today I have the principal of Connections Charter School,John Thatcher, a resident of Kaumana; Celia Shen from Will Chee Planning Consultants from Oahu;and Deputy Attorney General Monica Morris also from Oahu. Like staff has stated and the Chairman has stated, you folks have heard this application three times now. So what I just want to do is summarize where we are with the request that the Commission asked of the applicant. There were three items: The water calculations which we have done and transmitted to the Department of Water Supply. Celia Shen along with Kevin Luomo is also here to answer any technical questions or other questions you guys might have related to water. The other item was meeting with the adjacent property owners. That was also reported in December. Bill Brilhante, Sr.met with the Planning Director, along with myself,to discuss an alternative access. That meeting really provided an opportunity to indicate to the Planning Director and ourselves the timing elements of his construction and the timing elements of our construction. Unfortunately, the timelines don't line up. However, he continues to remain open to an alternative access through his property, and will continue to collaborate in the future with us,based on some of our proposed design and construction timelines. So he has left that door very wide open for us to keep checking back with him. 2 2004 Third was to have a community meeting. Unfortunately based on some professional schedules and securing of.the facility, that didn't occur prior to the December hearing. We did have that on December 17'' But also at the December meeting the Attorney General's Office,who has the authority over, or would provide legal representation to Connections Charter School, also requested a continuance so they would be present to make the record clear here before the Planning Commission. So my duty today realll is to summarize to you folks the hearing that was held with the community on December 17 . Just by way of background 1 want the record to reflect that this would have been community meeting number five related to this application that the applicant has participated in or hosted,in addition to all of the notification.processes related to this application,whether it was approvals through the State Department of Land and Natural Resources,the Office of Environmental Quality Control,public notice processes, and this body. We are probably at 12 different areas that the community had the opportunity to engage the applicant. Based on the community meeting, there seems to be the similar emerging issues related to traffic and water. What we'd like to do is, again,on behalf of the applicant,restate or reaffirm the commitment specifically to Condition 3 which addresses water availability for the campus. The applicant supports this condition whiclprovides assurances to the area residents that the concerns about water availability and ability to support the campus are met. To reiterate, should the anticipated water usage exceed 4200 gallons from the existing-waterline, the applicant shall limit the number of students to that which can be supported by potable water available, until such time additional sources of potable water can be secured or developed. So, again, this is a firm commitment from the applicant to address the concerns about water for that area. The applicant further states for the record Condition 12,the applicarit supports this condition which provides assurances to the area residents that should reasonable opportunities arise with adjoining lands to provide an alternative means of access to Puainako Extension,the applicant will provide the necessary improvements within its own property. This also supports the position of the Planning Director and the County Department of Public Works to create road connectivities. So,we heard issues related to Kaumana Drive and the traffic impacts there. This is another affirmation on behalf of the applicant to keep the door open and come up with other opportunities to create road connectivity. In addition to that December 17`'meeting,I listened very carefully and heard a number of concems. And I felt it was my duty to help the community address some of their concerns and minimize some of the fears that they have related to some of their concerns. So what I've done is prepared three additional conditions of approval. Condition—A -The applicant, successors and/or assigns shall provide a 50-foot buffer around the perimeter of the makai parcel in which no occupiable structures will be permitted. The rationale behind this really is to address the concerns of the adjacent owners and provide the 3 2005 owners a continued sense of open space and a quality of life previously anticipated while minimizing impacts. I go ahead and define an occupiable structure to that of the IBC which is our International Building Code which defines an occupiable space as a room or enclosed space designed for human occupancy. A second condition, Condition—B, that's being proposed,that the applicant shall maintain the mauka parcel for educational offerings and opportunities related to reforestation,conservation and open space. What I heard at the meeting was this concern that they may change their mind later on and amend the plan and so, you know,other things would occur on the mauka property. I wanted to commit to a condition that this property, the mauka parcel would not be developed in perpetuity. However, there are other layers related to this application with the direct lease that has a life, a shelf life of 65 years. So I retooled that to include language for the duration of the direct lease with the State Department ofHawai`i. Again,no occupiable structures shall be permitted on the mauka parcel. I believe this condition really addresses a concern for that community about what that mauka piece will look like for years to come. The rationale, again, is to address the concerns of the area residence and provide adjacent property owners with a continued sense of open space and provide a quality of life they previously anticipated. Finally, Condition—C which I'm proposing is should the need arise to provide additional lands to improve Kaumana Drive, the applicant, successors and/or assigns shall solely upon the direction of the Department of Land and Natural Resources and at the consent of the Board of Land and Natural Resources amend the direct lease to address real property and its title interest related to the road right-of-way along Kaumana Drive. The mauka piece is adjacent to Kaumana Drive. And what I did hear is a concern of Kaumana Drive being narrow. And so this was an opportunity to have the applicant commit should there be a need by the County or State that they need a widening opportunity that they will,they'll get the call from the State Department of Land and Natural Resources,the Board will direct them to do it,and they are committed to amending that lease to allow for an expansion,when that need arises. The condition, the rationale again is to help with that future road widening. I want to leave the Commission with this,this property, the project has been scrutinized,vetted, tested, and reviewed since 2008 when they received an approval in principle from the State Department of Land and Natural Resources. They have done a number of community meetings, there have been a number of opportunities for the community to engage. 1 have taken upon myself and the duty for the applicant to hear those concerns, put them into our conditions of approval. By my math with the conditions proposed by the Planning Director which is, I believe, 22, along with the conditions of the direct lease,which is 37, and the 3 that I've proposed,this application will have more than 60 conditions of approval that the applicant has to comply with, in addition to answering to the conditions of the County. They would have to adhere to those of the direct lease with the State. So there is a number of agencies and oversight here at the County level and at the State level that will help guide the applicant to do exactly what they represent to do. I know it has been challenging for the Commission. I urge you folks to push it up to the State Land Use through their protocols at the State Land Use level. The community will continue to 4 2006 have a voice there and,if necessary, we can address a contested case.at that level. Earlier on your agenda you guys heard about a contested case. There's information that's stated, overstated,just taken out of context.-The community will continue to have a voice at the State Land Use level. So if you have any other questions, I'll be more than happy to answer them. AU: Any questions for the testifier? No,okay. Ms.Lee Loy, who's next? You guys are the applicant,we have to go in order. But please state your name and where you reside. THATCHER: Aloha. My name is John Thatcher. I reside in Kaumana. And I'm not going to read all of my testimony,just a portion of it, so bear with me. You won't be hearing from our students today, any of our current students, and I don't think you'll be hearing from too many from the school parents. These meetings have given our students that have attended a real glimpse of how County government works in action. It does sadden me to say that some of our students feel intimidated by some of those who have given public testimony. Several of these students live in Kaumana and face a barrage of hateful signs every day. New signs have appeared recently with cartoon characters on them,Dr. Seuss character. Imagine one of our kindergarten student who lives up here, he's seeing the cartoon character and a message"No Connections in Kaumana." That same student has been making snowflakes for the Sandy Hook Elementary. So we choose not to subject our students to any more abusive testimony. The level of harassment has escalated to the point where two of our staff have restraining orders against the creator of the"No Connections in Kaumana"signs. Parents choose to send their children to charter schools. Start-up charter schools are not defined by geographic boundaries. Why shouldn't parents from East Hawaii be allowed to choose to send their children to a school with programs focused on agriculture and sustainability? This Kaumana site is former Crown land. At the time of annexation,the former Crown lands were ceded to the US Federal Government. When Hawaii became a state, the lands were transferred to the State. The federal act authorizing the transfer required that the lands be used for given purposes, or at least one of the five purposes. The first being support a public education. I sincerely hope that this Commission take the high road and send this matter to the State Land Use Commission. I'd also like to stress a few other points that I made in previous testimony, and I won't go through those. Again I ask, are the issues being brought up to halt the development of Connections in Kaumana campus only going to be centered around the`snot is my backyard"neighbors living on one-acre agriculture lots? Or will the Windward Planning Commission follow the goals and policies specified in the General Plan? Thank you. AU: Any questions for the testifier? Commissioners, no? Okay. Who's next? Please state your name, where you reside, and please speak into the microphone. MORRIS: Good moming,Chairman Au and Members of the Windward Planning Commission. My name is Monica Morris, Deputy Attorney General. I'm here to represent Connections Charter School. My primary role as a Deputy Attorney General is to advise and counsel and 5 2007 represent charter schools here in Hawaii. So I'm here today to represent Connections in this special permit application. I wanted to,I think it bears reiterating what has happened here so far. There have been a number of objective State and County agencies that have subjected this special permit to a rigorous review. So I think it bears a reiteration. And if you would indulge me on this,just to recap what has happened here so far. As public lands under the jurisdiction of the State of Hawaii Board of Land and Natural Resources,the Board has approved a direct least to Connections at its meeting held on January 13, 2011. That lease is being finalized, and I'm aware of that because I work in the Attorney General's Office and we are finalizing that lease. Another division in the AG's office is finalizing that lease. Under that lease, the lease expressly provides that the lands are to be used solely for school purposes. Also, the lease requires Connections to comply with all applicable county, state and federal laws pertaining to this property. Therefore, all applicable laws will need to be complied with or the lease will be subject to termination by the Board of Land and Natural Resources. Now the Department of land and Natural Resources reviewed this project, and determined this project would have,would not have significant impact and has issued a finding of no significant impact. That Department notified the Office of Environmental Control of its finding in a letter dated October 22, 2010. In addition, the State Office of Planning reviewed and commented on this project and the special permit application. And in a letter dated October 3, 2012 to the Hawaii County Planning Department stated it has no objection to this project and provided comments and recommendations. Also,the Hawaii County Planning Director has also reviewed the special permit application and has recommended that this Commission send a favorable recommendation to the State Land Use Commission with certain conditions attached to address traffic,water and other issues that have raised,been raised. If these, if Connections does not comply with these conditions, the Planning Director may initiate revocation proceedings with respect to the special permit. And the applicant has invested a substantial amount of money in its effort to develop this charter school on state public lands. It has complied with all applicable laws and has submitted to this Commission evidence of its compliance. It has retained at its cost, substantial cost,engineers and consultants to conduct studies with respect to traffic,water and other issues, and will continue to incur expenses to satisfy applicable laws as this special permit application moves forward. We respectfully urge this Commission to send a favorable recommendation to the State Land Use Commission on this permit application. 6 2008 Persons who are opposed to this project may petition the Land Use Commission to have a contested case hearing. This will enable all concerned the appropriate due process under the procedures of the Land Use Commission. Thank you very much for the opportunity to be here and speak to you today. AU: Question for the testifier? I have a question. Okay,prior to your involvement, through the State Attorney General Office's involvement,Ms. Lee Loy and Mr. Hong represented the applicant. I'd like to know the reason why the State is getting,exact reason why the State is getting involved. MORRIS: I -. AU: Please speak in the microphone. MORRIS: There are two applicants for this special permit. One is Connections Charter School. Charter Schools in Hawaii have nonprofits that support it for fundraisingpurposes. With respect to financing of charter schools, charter schools don't get as much money as the Department of Education schools. So they have to, and they also don't have the facilities that the DOE schools have. So they have to be creative in how they're going to secure facilities. Most times they rent, sometimes they lease. With respect to this particular application, Connections and its nonprofit initiated the special permit application. We don't represent the nonprofit, CBESS. We represent Connections. To the extent that the nonprofit supports Connections, their interests are similar to Connections. How we got involved in this is that, again,as the attorney,Deputy Attorney who advises the charter schools,I was asked rather recently to be involved. So our involvement is triggered by our clients asking for our help. We don't inject ourselves into their matters because sometimes their matters are policy matters. When questions come up,come to us,we look first to see whether those questions are policy questions which the client should be addressing or whether there are legal or constitutional issues for our office to be involved with. In this particular instance,there are legal questions that are appropriate for us to be involved with; and that is the legal requirements that are attendant to special permit applications. Does that answer your question? S. LEE LOY: Chairman Au,if I may? AU: Yes,please go ahead. S. LEE LOY: So our office, Mr. Hong and myself,was kind of hired by this, the nonprofit to help guide them through this process. Based on community input and some of the concerns that were being raised we felt that it was wise for Connections as a State agency to have their own legal representative. That's where the State Department of Attorney General Office steps in and 7 2009 0 basically ensures that their due process through this application is, one,being met. But they're providing the appropriate legal counsel for them to get through this process. So going forward, our office will continue to represent CBESS which is the nonprofit at the direction of CBESS. Just like Celia Shen and other consultants that have been on the project, they have been hired by the nonprofit and are paid through that process. To dovetail that in,the direct lease is issued to Connections, the school,the State Agency. The Special Permit applicant are co-applicants, Connections Charter School and CBESS the nonprofit. So the School will have the direct lease. The School and the nonprofit will hold the regulatory permit to move this project forward. MORRIS: Correct. And so with respect to any subsequent proceedings,following the Commission's action, our office will be representing Connections with respect to the special permit application. AU: Okay. So, Ms. Shen, did you want to say something? SHEN: I'd just like to speak a little-. AU: Can you please start -. SHEN: I'm sorry. AU: State your name, where you reside, and speak into the microphone. SHEN: Celia Shen and 1 am,I reside in Honolulu. You know,I'd just like to elaborate a little bit on what Sue had previously spoken about before regarding the water supply to the property. As you all know,water is available to the property, although the supply is limited. Department of Water Supply has stated that there is a 4200 gallon per day allotment to that property. And so while at this point we are not clear whether that can support the entire project,we do know that that will support a certain level of development. And as requested by the Planning Commission at the previous hearing a preliminary water usage report was prepared, the objective of which was not to provide a precise estimate of water usage but to just kind of generally give a broadbrushed indication of what the potable water usage might be for the project. You know,at this stage those estimates are premature. There is further investigation that does need to occur which will happen if the special permit gets approved. The engineers and designers will look more specifically at water usage,how water usage,potable and nonpotable, can be supplied to the project, at which time the estimates will be reworked and submitted to the Department of Water Supply for approval. And given that and knowing that the community does have concerns about water supply to the property, and as it was stated, you know,we are recommending that the condition relative to water supply be revised to state specifically that the property will not be developed beyond that which can be supported by that 4200 gallons until additional potable water can be sourced for the project. And what that level of development is will be determined in that, you know, future investigation. You know they can determine the 8 2010 number of students that can be supported and what facilities will be serviced by that DWS supply potable water. S. LEE LOY: Mr. Au, if I may, Celia's office did present those preliminary calculations to the Department of Water Supply in December, no,I'm sorry,November,the week of the 19`h. We followed up with the Department of Water Supply; and the individual assigned to review the water calculations has moved on from the Department,so they are in the process of assigning another individual from the Department of Water Supply to get caught up with the special permit application and evaluate the water calculations that we presented. Again, it has been our position that they are relatively premature. There is a level of engineering that has to occur and we're just not at that stage yet. But in an effort to address the concerns of the Commission and some of what we're hearing from the community, we put together these broadbrushed water calculations, but beside that insert the condition that we're not going to develop beyond the amount of water there until such time we can get another source, whether it's developing more water,or well. Those options are still out there. So, again, you know,we're trying to provide those assurances that the applicant is working to address the concerns of the community and this Commission. AU: Ok4y. Commissioner Ono? ONO: Yes, I have a question, and it's only because Brilhante came in at the earlier hearing. And I realize that we have not received the application. But my concern is should that development proposal come in,will they be tapping the same water supply? Will they be developing their own? S. LEE LOY: I don't want to go too far because that is another property owner. LEITHEAD TODD: Perhaps I could say that the way DWS works,Water Supply, is they give you a certain amount of commitment; and that's yours. So if somebody comes in with a subsequent subdivision, they can't tap into the 4200 that's already allocated for Connections. They either have to have separate water commitments from the Water Supply or they have to somehow fmd water. They may in fact already have certain commitments. Because the way a lot of people do it,if you know you're going to develop,sometimes you prepay. And then,of course, it may depend on, at the time they come in whether DWS has increased the amount of water available and what the systems are in place. But they don't get,this is a commitment to them. They don't get an additional over 4200. And Mr. Brilhante can't get their 4200. ONO: Thank you. S. LEE LOY: We can't swap off water units. It's allocated to the parcel. AU: Question for Ms. Moms. So charter schools are,they're affiliated with nonprofits,right? And from.what I understand the nonprofits pay for their facilities because the State doesn't give money to charter schools for facilities. Is that correct? 9 2011 6 0 MORRIS: Not necessarily. No,that would,that's not always the case. What the nonprofits do is they engage in fundraising to support the charter school for varying, for various purposes. One of those purposes could be for rental of facilities. But monies that charter schools use for their facilities doesn't come exclusively from the nonprofits. They're one source. AU: Okay. Well, I do have an issue about,you know,the build out of this project. But it's for us to discuss in discussion. So any more questions for any of the testifiers? GONZALES: I have a question. AU: Commissioner-. GONZALES: I have a question for Ms. Shen on the 4200 gallons a day. And Sue mentioned that you would regulate the number of students,depending on how much water you can get. Is there a formula, you know,how many gallons per student per day? SHEN: If I may,I'd actually like to have Kevin Luomo answer that question. AU: Okay. SHEN: He's the mechanical engineer. LUOMO: You want me to come up there? AU: Yes,please. Can we,maybe one person leave. And I do have to swear you in. Can you please raise your right hand. Do you swear and affirm to tell the truth in front of the Windward, the Hawaii County Windward Planning Commission today? Okay,please speak into the microphone. LUOMO: Yes, I do. AU: Okay,please state your name, where you reside, and go ahead. LUOMO: My name is Kevin Luomo and I reside in Honolulu. To answer your question about the standard,the standard that we're using is the,developed by the American Waterworks Association. This is a, when you're in a very preliminary stage of a project and you don't really know what type of fixture they're using,how big the building is, anything,then they have these specific standards for school. One is for, if it's a day school and it's with a cafeteria and lunch room,then the uses averages like l l to 16 gallons per day, When it is a day school with cafeteria and showers, then it's 16 to 21 gallons per day. And when it's a boarding school where they'd be living there all throughout the week, throughout the year,then it's 53 to 106 gallons per day. But then later on once we actually know how many showers there are, how many students there are exactly, the type of fixture we're using, then there's another standard that we use with the LEED. I don't know if you're familiar with the LEED, where we actually say, okay, students can be using a restroom three times per day,that's the typical, you can shower once per day for 10 2012 five minutes; and then we'd narrow it down even more to get an exact number. And then, of course, later on when they're actually occupying the facility every month,you're going to get your water bill; and it's going to give the average gallons per day being used. So if it does exceed that number then the Department of Water Supply could tell them that they can't be using,they have to reduce the amount of water usage and they could,they'd have to take appropriate measures. GONZALES: Okay, so low end 11,high end at 106;but you just know at this point. LUOMO: Yeah, you wouldn't know. GONZALES: Okay. LUOMO: And people, some people take longer showers and some people take shorter showers. Some people wash their hands for longer. So it's really a very vague number; and it can vary all over the place. That's why they give these large ranges. GONZALES: Okay, well,that's something. Thank you,thank you very much. S. LEE LOY: Commissioner Gonzales,just, again,which is why we continue to be committed to cap the amount of students based on the water allocation, or until such time when water can be developed or sourced. You know,we are self-regulating. These conditions were put together very thoughtfully. I know you folks hear a lot of testimony that is very technical at times and I just help to try and translate that back, that there are assurances we're going to do what we say we're going to do; and we're self-regulating. GONZALES: Okay,thank you. AU: All right, any more questions? Commissioner Ono? ONO: Yes. Back to Monica. I'm trying to recap what you had presented. Are you anticipating a challenge on this, whichever way we recommend the,the decision of this hearing? MORRIS: A challenge by-? ONO: You were saying to have the,this should go to the State Land, I forget the Committee,but you were mentioning that there was another committee-. MORRIS: Oh, the Land Use Commission? ONO: Land Use Committee. MORRIS: Yeah. The Land Use Commission would be the body-. If there's a favorable recommendation on this special permit,that would be the body that this measure, this application would go to. They would,the persons who are opposer) to this project could request that the 11 2013 0 0 Land Use Commission have a contested case proceeding,okay,contested case hearing. At that level should the Land Use Commission decide to have that,then their procedures would be triggered with respect to that process. And so the whole point of contested case proceedings is to provide a due process and opportunity for persons to present their evidence, retain counsel if necessary, or proceed pro se. But at that level there'd be even more objectivity according to their special permit because persons could then present their evidence,present their experts. Persons who are opposed to this,this special permit, can then present their experts also. So that's, that's the opportunity for further review, a more objective review, so to speak,because there are due process considerations that are afforded there. ONO: So just for my purpose of clarification here-. MORRIS: Yeah, I don't think this Commission has the opportunity to hold contested case hearings on this particular application. That's,I could be rnis-. I mean that's my understanding. AU: Yeah, Ivan? TORIGOE: Thanityou, Mr. Chair. Yeah, generally speaking on this kind of special permit where it's over 15 acres,as the Deputy AG was saying, your job here is basically to, you have two options. You can either decide to basically kill it here, and then the charter school with the Deputy AG's help has the option of filing an appeal to Circuit Court. So if you try to, if you vote to deny the application here, then they can appeal that to court immediately. Okay? If you vote to support it and send a positive recommendation,then it goes up to the Land Use Commission, and there a contested case hearing can be held. And just as this morning you gave standing to the National Park Service to have a formal contested case hearing,at the LUC similar thing can happen where if,you know, some of the members of the community want to come in and apply for standing in a contested case,they could do that there; and they could end up having a trial- like formal contested case at the LUC. So that's basically how it works. AU: Thank you. ONO: So you were saying the Land Use Commission can,not necessarily will,have a case? I mean should the opposition, I've got to use that term,I guess, say they want to contest the decision of this Commission, can they-? TORIGOE: Yeah. You know, and they have to make that decision within the same kind of legal boundaries as you do. That is if some of the surrounding landowners come in and they can show that they have a particular interest that's different from that of the general public and they'll likely be damaged, you know, if this school goes in if the permit is granted, then they probably would be able to get a formal contested case going up there. And if they're denied that and they think they should have had it, then they can appeal that too. So, you know, there are all these legal protections. As the deputy AG was saying there's due process protections for those who are concerned about the project, as well as for the applicant. So if the applicant, and even if there isn't a formal contested case, then if the applicant is turned down at the LUC, then they might have an opportunity to appeal that as well. 12 2014 MORRIS: Correct. Thank you. S. LEE LOY: And for the record, on behalf of CBESS nonprofit,our office would be participating in that due process and submit possibly a joinder to any appeal that the school may have related to this application. So the Attorney General would represent the school and our office would represent the nonprofit. AU: Thank you. Any more questions for the applicant? ISHIBASHI: Brother Chair. Just one point of clarification. We have 4200 gallons per day. And you made reference we're going limit the students based on that. So how many students we allocated for this 4200? How much of our student body is covered under this 4200? LUOMO: Well, it sort of varies depending how many,how many boarders you're going to have and then how many part-time students help, and then employees as well. So they would, one would, it comes with, we do calculations when we decide how many boarders will be on the campus and bow many students will be on campus,how many part-time employees will be on campus,how many full-time employees. So the amount of employees also would figure into the calculations. So we give scenarios initially, so there's really not, there are different scenarios where you're a lot less and then different scenarios where you're a lot higher. But they would limit it with the calculations with the Department of Water's approval. They would,once they approve it, then they would limit it to that amount of students and employees. So we really can't say a definitive number right now because it varies depending how you mix and match with the boarders,the employees, and the students. MORRIS: Just to add to what Kevin was saying,you know, I had previously mentioned that if the permit is approved the school does need to undertake additional investigations, and that's part of the additional investigation,is the engineers will look at what type of fixtures will be used, and, you know, and they will look at like what facilities would be serviced by that 4200 gallons. And so they may initially choose not to put the dorm or the kitchen up. Those are high water use type facilities. So those decisions will be made at that further investigation stage. And like Kevin said at this point we can't really say how many students that would support. You know,when those investigations are done, when those decisions are made,you know,that determination will be made, you know,what facilities will be serviced by those,that 4200 gallons and how many students. LUOMO: In addition to that,if you have a cafeteria then of course that would increase your water usage as well. So if you could have more students without a cafeteria, then you can just have a warming kitchen where they're not actually doing dish washing there. And then also if you have shower facilities, you do not have shower facilities on the campus then that would reduce the water usage as well. So it's varying, there's many different variables affecting the water usage calculations. 13 2015 0 AU: Ms. Shen, is this going to be rated? I know it's still early. But do you foresee it being a Platinum LEED or Gold LEED project? SHEN: Well, at minimum it would be silver; and I think, you know, the school would try,would like to achieve the highest level as feasible. But at this point, you know, at least silver. AU: Okay, any more questions for the testifiers, sorry, applicants? You're not testifying yet. Okay,well,you can be seated. Okay, again, I'm going to reiterate-bear in mind testifiers,we have 15 people testifying- you have three minutes; and, you know, we've heard a lot of testimony before so, you know,please keep that in mind, ONO: Mr. Chair, can I ask for a five-minute break,please. AU: Yes,break. RECESSED--The Chair recessed the meeting at 11:59 a.m. RECONVENED--The Chair reconvened the meeting at 12:05 p.m. AU: Okay,we have 19 people signed up to testify. And I will be granting Sidney Fake to testify on behalf of himself and four other people, and I'll give him, I'll give you 10 minutes. Okay? I'll give you 10 minutes to testify. We have a Jeff Gomes here to testify on himself,oh, I'm just letting you know that I will give you more time cause you're also testifying on,representing your wife. Okay? So maybe what I'll do is we'll go with Sidney first and then I'll bring the next four people up. So can you raise your right hand first, oh, you're actually already sworn. So you can go ahead and get started. And your clock starts when,as soon as you speak. FUKE: Mr. Chairman, you know, the alternative is like we could have the four people and then, you know,they could just read what I'm doing; and with me it will be total 15 minutes. So,I mean, you know,just trying to do the math. But, anyway I'm speaking on behalf of like today not as a consultant but as a citizen,and more so as a member of the affected community. What I'd like to do today is basically to summarize the community's concerns; and as you kind of mentioned earlier, you know, it's kind of like redundant already. And,however,to frame those concerns against the criteria for a special permit, I think that, you know,from the community's standpoint we believe that there is sufficient basis at this point in time for denial action by the Commission. These concerns of what I'm going to be sharing with you have been expressed in the document that was prepared by Retired Judge Yoshioka and a copy ofwhich, with some editing,was already provided to the Commission this morning. The question like now is who is the community? And I think the community is really important, because as was evidenced in your previous application I think there was discussion about the importance of getting community input. If you purely rely on just don't worry about it because the Office of State plan or another agency, everything is all honky dory, then you really don't need to have community input. And that's the reason why we're all here today. There are notice requirements, there's a public hearing requirement, so on and so forth. Who is the community? 14 2016 What you see over there is a map. You can see in the dark area,that's the subject property. The lighter green area is really within 1,000 feet of the surrounding property owners, although the requirement for notification is only 500 feet? Who is the community again? The community when they first heard about it they were obviously kind of concerned after attending one or two of the community meetings. So they organized then themselves and they had a petition. That was a petition, I think, a copy of which you already have. Well,the survey results of the comma-, I kind of like updated that. The number of lots within the Pacific Plantation is not 76 but in fact it is 106. And of the 106 there were 90 who were opposed, so essentially 85 percent within the Pacific Plantation Subdivision were opposed. As far as the surrounding property owner list included in the application, you know,they filed,you know, who your surrounding property owners were within 500 feet. I counted 170;but this excludes all government land and roadway parcels. Of these 116 or 68 percent were opposed, 54 or 31 percent basically took no position for or they were not contacted. Many of them were vacant land or absentee owners. I think that as far as the numbers,others will testify that it has subsequently been updated by additional names. The next,what is the community not against? Definitely as you've heard many times,the community is not against the Connections Charter School,especially its students. They're not against the school or any educational facility. Many in the community are or were educators or other professionals who understand and support the value of education. Now what are the concerns or issues? Basically two things. One is that the land use entitlement process, it should be a State Land Use Boundary Amendment instead of a Special Permit given the magnitude of impacts. And, secondly,the location is not appropriate given its adverse impacts to the neighboring community, and the potential availability of alternative sites. In terms of the land use entitlement process, schools,especially the K-12, are situated within the State Land Use Urban and not Agricultural District. The recently constructed schools within the last 20 years,whether it's Kealakehe,Keaau,Kamehameha School,they're all in the SLU Urban District As a matter of fact, Kamehameha School in Keaau also came in for a State Land Use Boundary Amendment. We're also saying that the special permits may be appropriate for smaller facilities like a pre- school,nurseries,or single level schools(such as elementary only),but not for a 70-acre,400 student,K-12 campus. What's the special permit criteria? One is it has got to be an unusual and reasonable use of land in the Agricultural District. Secondly it has got to promote the effectiveness and objectives of the SLU Laws and Regulations. In terms of the special permit criteria,the Department's rationale is that, first of all, it has a poor soil condition,therefore, not suited for agricultural activities. Well, this is what the community is saying—Well, you know,in spite of the soil classification, the site has other agricultural potential: Be it for forestry, citrus, certain floricultural crops. You have hydroponics which are, that's not necessarily soil based, and even has Open space value. 15 2017 0 The other criteria is like unusual use. And the Department is saying,well, it's unusual because schools are not considered agricultural in nature. That's true. The community is saying well, you know,because of the magnitude of the request and its impacts,this unusual request should be processed via the State Land Use Boundary amendment process and not the Special Permit process. Let's look at the special permit criteria. The Department is saying, well,it's a reasonable use because schools are needed to support agricultural community. This is what the community is saying,no,the proposed location is not needed to support an agricultural community because this is an urban residential community,not an agricultural community. The other criteria is that it would not adversely impact surrounding properties. Well, the Department is saying,well, the adverse impacts are associated with traffic, noise,and visual. And in terms of traffic,the TIAR states that the Level of Service, the LOS,to operate at acceptable levels, would operate at acceptable levels with left turn lanes at Edita Street; and don't worry about the noise because they'll provide landscaping. Okay, in tens of like the traffic,well, at least like, as I mentioned, 70 percent of the community now basically disagrees; and this is what they're saying on traffic. They're saying that,first of all,the issue on the date of study,the study, in ten-ns of the data collection,was done when the school was nearing its end. Secondly,it was compiled on May 28, 2009, nearly 3 years from submittal of application. The other thing is the level of standard is a standard based on,level of service rather, it's a standard based on waiting period for movements,which does not necessarily translate to expected quality of life and, in turn, impact. The significant traffic impacts, increase on Kaumana Drive and Edita Street, if you use the "preferred alternative" data(which is the current plan of applicant)which is to use,the mauka side will be kept open and the makai side would be all, you know, would be the project's development. They're saying that the Project's Traffic Generation during the a.m.peak, which is 7:00 to 8:00 a.m., would have about 187 movements on Kaumana Drive and Edita Street. If you look at the existing a.m.peak right now at Kaumana Drive,you have 102 mauka bound on Kaumana Drive,219 on the makai bound,for a total of 321 movements on Kaumana Drive. With the project upon build out,then that would represent about 58% increase over the existing level. Let's now tum only onto Edita Street which is going to be the most significantly impacted area,street. The existing a.m.peak on Edita Street,you have like 13 inbound and 49 outbound movements, for a total of 62 total movements. If you add 187 projected movements during the a.m. peak, then you'll have a total of 249,which represents 330%increase over the existing level. The other point I think the community is saying is that there's no discussion of impacts to the balance of Kaumana Drive, particularly between Ainako Avenue or at the start of where the winding road begins to Edita Street, and also from Wilder Street, Wilder Road rather, down to Edita Street. For example, there is like Terrace Drive,you know, because you'll have lot of traffic coming in, going mauka and makai bound on that. So, therefore, like in conclusion, relative to traffic, the community is saying, first of all,the level of service is not really relevant because it's not, it relates to time delay. It has really little to do with the quality of life, the perceived quality of life. And then the percentage of impact is more critical in establishing level 16 2018 of impact. And nearly 85 percent of the residents on Edita Street,and 70 percent within 500 feet, are saying it's adverse. When you talk about noise, we all know it's a very tranquil residential area. People bought properties with the expectation it was going to be kept in that same tranquil residential environment. And with the traffic associated from the school activities and the school, there will be added noise. The community is also concerned about the real property impact and the possible lower real estate value resulting from the diminished quality of life. So collectively then, you know,they all translate to adverse impacts to surrounding properties. The level of impacts and quality of life, as I mentioned earlier,are really, are perceptual and not necessarily statistical. The question then,that's the reason why you have public hearings, who can best determine an adverse impact? Is it the outsider or the persons who will be most impacted? You know, I just use an analogy where you have like this,you have a shoe, and, you know,who knows where the"shoe pinches"? An outsider can say,nah, it doesn't, you know,"it's not sore." But on the other hand if you were wearing the shoe, you're going to say, "I'll tell you where it's sore." And the community for the most part is saying, "It's sore." Now this conclusion about the adverse impact is not necessarily only limited to the people who have testified or people who have signed the petition,but it's also shared with the Police Department. This is what the Police Department stated in their comments, "The proposed school is being placed in a residential area that will likely effect(sic)the quality of life for residents that border this proposed site, There will be an increase in noise, crime and traffic." AU: Mr.Fuke, can you sum it please. FUKE: Oh,get plenty more. Can 1 gust get just -. PUBLIC: I'll just give you my time. AU: I'll give you two more minutes. FUKE: Okay. Well,about traffic and infrastructure burden, can you move on, the next one. Okay,in terms of like the water,they talk about 26,100, you know,to answer Commissioner Gonzales's question, you know,the total requirement,this is based on the environmental assessment application,they said they need 26,100,they've got only 4,200, which is 16 percent of the total. But based on what the guy's,the consultant is saying today,they might need like about 100 gallons per day per student. So that translates to only 42 students. So the question is what is before the appli-, what is the Commission considering today? Are we considering like a small school, or a big school, or what? Because to do over and beyond 4,200 gallons per day, what the Water Department is saying, it's not a question of the transmission issue,but it's a question of source. And to do a new well, a new source is going to cost you like about $1,000,000, $1,500,000. That has to be put into the equation of the overall project development. You can skip on police and fire,drainage,waste water. 17 2019 YOSHIOKA: Mr. Chairman,I'm scheduled to speak and if you would allow, I would like to relinquish my time to Mr. Fuke. AU: Okay, granted. What is your name? YOSHIOKA: Terence Yoshioka. AU: Okay, go ahead. YOSHIOKA: He spoke only- . AU: Okay, go ahead,Mr. Fuke. FUKE: Okay. In terns of the unusual conditions,trends, as I mentioned earlier, you know, we're saying,the community is saying the boundary amendment process is more appropriate,not this. And the other thing is that,like the insufficient examination of potential Private Lands or underutilized Government facilities. And,moving on. So in terms of the Insufficient Examination of Potential Public Land Alternatives (page lb of the environmental assessment) (Considering the student population base— 50% coming in from Puna District), there's like State Land fronting the Puainako Extension, the State Land off of Kawailani Street, so, you know, like those you can barely see, like where the Puainako Extension is. But I've kind of highlighted, you know, those are the States Lands. And the next sheet,that's like properties that directly abut the, would be at the end of Puainako Street on one side and the other end would be Kawailani Street. So,you know, these are really intended to illustrate that there are options available. And this is not like an, the site that they're looping at right now is not like an imminent domain situation where, you know, if you can't do it then,you know, there's no place else that we can. And I think that we're suggesting that there are alternatives, and these alternatives were not seriously investigated by the applicant. We talked about land not being suited within the agricultural district, well, and we covered about that. The change in the character,we're saying that there's no question,once you have a use over there,the character of the land will change,the character of the environment will change. And it will not be contrary to General Plan or other pertinent documents, well, you know,I took only selected portions. And so this is clearly,you know,the underscored one, in kepiag keepingwith the environmental and aesthetic concerns ofthe community, who is the community? And the next element is like there we go again,encourage development in keeping with the community. So the community in this situation here has clearly, at least 75 percent within 500 feet or 80 percent who use Edita Street, they're saying that it's not,it's not appropriate, it's not appropriate. It's going to have an impact on us. So,therefore, in conclusion,what were just saying is that,No. 1, it does not meet the test for a Special Permit. No. 2 is that between 75 to SO percent,which is the vast majority of the surrounding residential property owners,they're saying that the project will have an adverse impact, no matter what everybody else says. 18 2020 And lastly is that if approved that the desired level of community support needed to make a school successful would probably be absent. Thank you. AU: Madam Director? LEITHEAD TODD: At the risk of eating up time and getting Commissioners upset with me, Mr.Fuke, could you go back to the slides that you skipped, go back to the slides that you skipped. And I also want to know,are you going to provide this to us in some form where we can print these out so that it's part of our record,please? FUKB: Yes, yes. LEITHEAD TODD: Okay. FUKE: I don't know where I skipped. LEITHEAD TODD: Yeah, I don't know either. L.NOVAK: This is one of them. I think that's it. LEITHEAD TODD: Okay,I guess the, I would like the,try to get staff to print up your slide before, you know, we get into deliberations so that everybody has got each slide, cause this seemed to be an important presentation on behalf of the community. And most of the caves that you're talking though are mauka, correct? FUKE; I didn't, I didn't address the cave issue. I just talked generally about the environmental- LEITHEAD TODD: Okay,just generally,okay. Can you go to the next slide. AU: Can you address that cave issue? F[TK.E: We just kind of mentioned, I just kind of generally touched on that to saying that the, there are some environmental issues that haven't been fully explored,you know,relative to like the drainage system. You know,because,and others,others can attest to that,you know, in terns of if you're going to have your drainage and then you have a honeycomb of caves, potential caves underneath,then the drainage system needs to be addressed to make sure that- you know,whether it's going to be a waste water system or your system of drywell-it doesn't compromise the drainage flow of surrounding properties,and especially the makai properties. LEITHEAD TODD: Okay, could you go to the next slide. Next,the next one where you have the map. Where is, I guess the red is the State land? I want to clarify what I'm looking at. FUKE: Just.a minute, I have my own(laser pointer). Okay, yeah, I should have taken it out. LEITHEAD TODD: Okay. Yeah,mine is not working. FUKE: This is really like,this small little sliver is really like the Puainako Extension. And this road here is the Komohana Street Extension. So what we're saying is that,you know, although a lot of this property has been encumbered by the University of Hawaii for, you know, future 19 2021 6 expansion,there is a potential for this area,like as Hospice of Hilo did, in getting the University of Hawaii to agree to relinquish three acres of its proposed expansion. This expansion area,as for the Hospice In-patient Facility,we're saying that that hasn't been fully investigated. This is the property that's on the Puna side of the Puainako Extension. And,can you turn to the next slide. This is the,this is basically the Puainako Extension area. So this is another property. This is Kawailani Street. These are properties that were discussed in the environmental assessment. I didn't put like all of the rest of the sites on. LEITHEAD TODD: So,but it is the red colored property that is the State property? FUICE: Yes, correct. LEITHEAD TODD: Okay. Cause I wasn't clear as you were going through there. FUKE: Sorry. LEITHEAD TODD: Okay,the next slide, next. FUKE: That's all. I covered it all. LEITHEAD TODD: Okay. Thank you. And if you can get that to our staff, cause I really want to get it printed up before this afternoon. AU: Okay,thank you. Any questions for Mr, Fuke? Thank you, Mr.Fuke. Reminder, well, Commissioners,we haven't discussed this. But what, we're going to take testimony up to 1 o'clock and then we're going to break for lunch. Okay,just so the public knows that we're going to go to 1 o'clock and then we'll break for lunch for an hour; and we'll be back here at 2 to reconvene. Okay,so four people. I got Sarah Burgess, Saramae Landers,Jeff Gomes and Les Sakamoto,four people please come up. Okay,everyone please raise your right hand. Do you swear and affirm to tell the truth in front of the Hawaii County Windward Planning Commission today? TESTIFIERS: I do. Yes. AU: Okay, thank you. Please speak into the microphone, and we'll start off with Sarah Burgess. And please state your name and where you reside. BURGESS: My name is Sarah Burgess. I reside on the island, the Big Island of Hawaii in Puna. And I'll introduce you to my mother and, oh, and I say, yes, I'm going to be truthful. This is my mother, Saramae Landers; and she lives, we live together. And you're going to tell the truth, aren't you? LANDERS: Yes, I'll tell the truth. BURGESS: Just say yes. 20 zor LANDERS: Yes. BURGESS: Okay. AU: Okay,thank you. Okay,so,yeah, you can go ahead and start your three minutes now. BURGESS: Okay, thank you. I come here today,this is the first time I've ever testified. But I feel this is very, very important. And to me from listening to the discussion for the first time today it seems Iike there's quite a conflict of values. But in any case, I've come,and my mother has come,because we Dave chosen to live here. We're both educators. She came to the Big Island of Hawaii about 80 years ago and was a teacher along with her sister at one of the schools in Hilo. And since then she's been involved in education until now; and she's now 106 %z. And I also am an educator. I was a teacher at the University of Hawaii in Honolulu and up, one of the founders of Leeward Community College. And I'm,have a long, sincere value for education. So when I heard about this project, I thought,oh, that's great. And as I heard about some of the features of it, I thought it was even more great because it followed some of my personal concerns. One is a concern for the elderly person. And the reason,one of the reasons we live here is because my mother is treated with great respect; and I appreciate that. And so does she, I know. And she was in a program that involved children and adults at the University in Washington which worked out very well because she was in a program where her four grandchildren were also involved, and I her daughter was involved. And it was a very nice concern for educating older and younger people together. It's a very nice project, very positive. And I understand that the Connections School has a similar,not exactly the same,but the idea for older people wbo are going to be involved in the school, which I think is a very good thing. And a second personal concern is for the land. I find, I'm not a Hawaiian person,but I really am moved by the statement that the Life of the Land is Perpetuated by Righteousness. And in our society,in our world today, we're experiencing the ravages of the weather; and it's going, it looks to be worse. So any environmental project that can educate children to start caring for the aina in an educated and intelligent way is important. And I understand that this project is planning to plant native plants and have agricultural training as part of their curriculum,which 1 think is a very good thing. And I think the third value that 1 personally really like about Hawaii is aloha. I mean who doesn't like to be loved? And the school from my observation of it is one that is very, is positive and promotes good feelings among the children. So at least for me,my values are to educate, to preserve the aina, and to perpetuate aloha. And my mom is now, we've come to thank you for this project,not just this project but for planning,because you can see what happens in communities where planning isn't done carefully, So, anyway,my mother has,is going to give you a toast of congratulations for your hard work,not only the Connections people but all the people who have taken their time and effort to try to snake their communities good, and for you 21 2023 0 who are giving all your intelligence and thought to planning our good community. So my mom is giving you a toast. LANDERS: May you live a long life full with gladness and health,with a positive goal as a leash of your wealth. May the dreams that you hold dearest be the ones that come true and the friendships you give keep returning to you. And trusting in him to whom we all pray,may a song fill your heart every step of the way. AU: Okay. Thank you. Any questions for the two testifiers? No? Okay, Jeff Gomes on behalf of yourself and your wife. I'll give you six minutes. And when you're ready you can go ahead. Oh,please state your name-. J. GOMES: I'm Jeff Gomes. AU: And where you reside. J. GOMES: I reside in Kaumana. We're the victims that live next to the property. Our Home is still on that video asking for support for the school. And our newspaper still gets stolen,beer bottles thrown in our yard,two of the signs are stolen from my yard. And then there's no end to it. But as far as the, oh, when, as John Thatcher said,they put a TRO on me because I made up signs which are legal. They're on our property. And I guess it's their right to try and put a TRO on me for making up legal signs and -. But the, as far as the verbiage goes with what Ms. Lee Loy was recommending,if they added it in there,it just means that if we as a community disagree and, they'll just continue attacking me if I speak up. So I don't think that will work. And the water usage is wrong, and I'm totally against the project. It's just the location. It's not the kids. The location is bad. And there's also an issue of the lava tube that I had mentioned to Ms. Leithead Todd at one of the community meetings. And Jeff Darrow came out with the group to have the lava tube looked at. And the school was supposed to send somebody down into the drywell to have them look at the lava tube. And till today,there's been no report. Theresa Donham from DLNR has not signed off on that. Nobody has made any attempt to do it except for the letter from Pacific Resources that state they spoke to local residents and someone told them that the drywell overflows during heavy rain, which is not a true. And the person I spoke to was Justine Thatcher,the principal's son; and he's not the local resident. I am. I live right next door to the lava tube. And nobody has been there to look at it yet, so that they should have already checked that out. AU: Thank you. Any questions for the testifier? No? Okay,Les Sakamoto. L. SAKAMOTO: Yup,my name is Les Sakamoto. I live on Mele Manu Street. Mr. Fuke has covered a lot of the concerns that we have, so I won't go over it. It's in my testimony. But I'll skip it and I'll just get to the gist of my testimony. 22 2024 When the Planning Director issued a favorable recommendation,it was done with reservations and without the benefit of public testimony. Now with the benefit of such testimonies from so many who have expressed overwhelming opposition to the school's proposed location, it is up to you,the Windward Planning Commission,to make the final decision. I humbly ask you to recommend denial of the Special Permit. By denying the Special Permit,you are not denying a new school for the students,nor are you denying a new campus for the faculty, for nothing yet bas been built. And I believe nothing should be built,until the leaders of the school find a better suited location. The sites that were considered by the administrators in their initial search were all located in the central Hilo area, and many were summarily dismissed as being"too large"or"too small". Perhaps these sites should be revisited. But more so,we believe other potential sites were not even considered or fully explored. Why not extend the search further into Panaewa, or Kcaau, or Puna, or Hamakua Coast? A site that has less inherent restrictions, community dissent, or stringent conditions of approval will allow the project to quickly get off the ground. As Connection's consultant Celia Shen mentioned, the conceptual drawings for the campus are in their very early planning stages, and can be easily modified to accommodate change in conditions. Thus the investment in these plans will not be lost,but can instead be used to springboard the project at the appropriate location. But,more importantly,by choosing a site that is embraced by its stakeholders as well as the surrounding neighbors and community at large, the school can then meet with a success that is—at best--questionable at the Kaumana location. In conclusion,please vote to recommend denial of the special permit, and in so doing compel the leaders of Connections to seek an alternative,but appropriate location for their new campus. Only then will the school be able to advance quickly—and harmoniously--to achieve its stated goals. The students,their parents,the faculty,and our community at large deserve no less. Thank you for the opportunity to testify. AU: Thank you. Any questions for the testifier? Okay,thank you all. You may be seated. Next four people, June Sakamoto,Ming Peng,Kaainoa Enaena,and Allen Novak. Please come forward. Okay, and I guess we're missing somebody. Robert Wagner then. I'll move on to the next person. L.NOVAK: Oh,Robert Wagner. AU: Okay, can you all raise your right hand,please. Do you affirm to tell the truth, do you swear and affirm to tell the truth in front of the Planning Commission today? TESTIFIERS: Yes. I do. AU: Okay. We'll start off with June Sakamoto. Please state your name,where you reside and speak into the microphone. You have three minutes. 23 2025 0 0 J. SAKAMOTO: June Sakamoto. I live on Mele Manu Street. I am here to once again express my concern over the negative impact the school will have on traffic safety and our quality of life. The school is downplaying the traffic aspect,but we who must navigate Kauznana Drive almost every day know what a dangerous stretch of road it is. To subject the residents of Kaumana Drive to heavy school traffic and increased safety concerns when the school has not fully investigated other possible,more suitable locations,is not only unfair to the surrounding neighborhood but also suggests a lack of prudent planning. Commissioner Au conceded that community consensus is important. After all,the community is the one that will be driving by the project every day. Commissioner Moses expressed it perfectly when she said"An important criteria for any development is the community support for it." There is a definite lack of local community support in the vicinity of the proposed project as can be seen by the testimonies given and the over 500 signatures collected of people opposing the school location. These are people who live up and down Kaumana Drive. Therefore, I resent Mr. Thatcher's statement that this is a matter of an affluent neighborhood saying"Not in my backyard." The school has shown a consistent lack of consideration for the community it will impact the most. I ask that you please deny this project. Thank you. AU: Any questions for Ms. Sakamoto? Okay, Ming Peng,please state your name and where you reside. PENG: My name is Ming Peng. I live on Mele Manu Street. I am still opposed to the construction of Connections Charter School. The initial meetings suggested by this Commission unfortunately was unsuccessful. For example,during this meeting, Mr. Boyd's response to the lack of funding and water for this project was that these issues were in the"planning phase" and it will be"phased approached". I took that to mean that they still have no current plan to resolve critical issues to accommodate a 400-student school that includes faculty and a dormitory. Despite their assurances,unfortunately,the administrators have broken the trust of the community that cannot be repaired. I have not been given concrete reasons as to why the Edita location is appropriate: there is not enough water for the school,there will be an increase in traffic and crime, there are already two schools in the area, and,most importantly, there is overwhelming community opposition. In my opinion, the best course of action for the Connections administration is to find an alternative site where community support exists and the infrastructure is appropriate for the school to be successful. Please deny the special permit. Thank you. AU: Any questions for Mr.Peng? Okay, Kaainoa Enaena. He's not here? Okay, Allen Novak, please state your name and where you reside. 24 2026 NOVAK: I'm Allen Novak. I reside in Kaumana on Mele Manu Street. And at the original hearing, the Commission instructed Connections to bold a community meeting and report back by December 6a'. I also attended the December 6a'hearing. I had not received any notice of a meeting, but was told at that hearing that a notice was in the mail; and,indeed, the next day a notice did arrive on December 7`h notifying me that Connections was going to host a meeting on December 17a`at the Connections School in the middle of the day. It gave me ten days to reschedule my patients,which I did because I considered it important that I stay informed and see any opportunities to work with this group that may arise. So I was able to attend the December 7`h meeting, at which Eric Boyd initiated the meeting by expressing his desire to build trust with the community. These words made feel encouraged and hopeful. As the meeting progressed,it became apparent that these opening words were hallow, as Connections became unresponsive to community input. Connection's position became blatantly apparent to me that a community, when a community member asked if Connections would take some action to mitigate the traffic congestion and hazards that occur,would occur at the intersection of Kaumana Drive and Edita Street,the response was that they weren't required to do so. No attempt was made to address the concern for safety or congestion at that intersection. It became apparent to me that in spite of Connection's stated position of being willing to consider community concerns and accommodate,they plan to do the minim-am required by law or whatever they can get away. If this special use permit is approved, Connections will deviate from its stated plan, at the expense of the conununity if it is to their advantage. I have no doubt of that. Keeping the door open does not reflect commitment to action. You are our only hope to protect our community from this premature misguided project proposal. So please deny this permit application. AU: Thank you,Mr.Novak. Any questions for the testifier? Robert Wagner. L.NOVAK: Oh, that's me. My name is Layne Novak. I am going to be testifying on behalf of Robert Wagner who is at work right now. Both, Captain Wagner and I live on Mele Manu Street. This morning as usual, at about 7:20 a.m., I drove from my residence on Mele Manu Street to work. I exited Edita Street making a right turn onto Kaumana Drive. As I drove down,traffic was as usual for a school day,the traffic began backing up at Terrace Drive and slowed to about 4 or 5 miles per hour once you reached Luana Way. If you are coming out of Luana Way, or the street below (Aipuni Street),you rely on people letting you out, otherwise you cannot enter Kaumana Drive, especially those exiting Aipuni Street, which is roughly quarter mile away from the intersection of Ainako/Kaumana Drive. Traffic is heavy at this time on Kaumana Drive,it takes me 15 minutes to get to work which is 4 miles away. You can experience this yourself if you want,just drive down Kaumana Drive at about 7:30. The problem I have,having, excuse me, the problem I am having is the increase in traffic that will occur as a result of a charter school that has 370 students, not including staff, exiting onto 25 2027 0 Edita Street,then onto Kaumana Drive. To increase the traffic to those proportions will result in traffic being backed up probably to Hokulani Street,which is roughly a mile away from the Kaumana DrivelAinako intersection. There are other factors as well that will increase traffic on Kaumana Drive in the future: In the very back of Hokulani Street,they opened up several lots, not sure how many,but somewhere in the area of 40. This subdivision is completed and they are selling the lots. Kumulani Gardens, which is a new subdivision opening at the bottom of Alahelenui Street, and also will have an entry/exit across from liwipolina Street,will have 88 lots, this is a 201H Affordable Housing Project. These exits both enter Kaumana Drive. I have been a resident of Pacific Plantation for 20 years,built my home in 1992. 1 have lived on this island all my life, and in particular Kaumana area for 50 years. A great majority of those living in this area are opposed to the charter school,I would estimate in the high 90 percent range, I only know of one person in my subdivision that is for the charter school, that is one home out of 70, I do respect their position. There are other reasons why I do not wish to have the Connections Charter School move into our subdivision,but these are my main concerns. Also realize that 1 do not trust those in charge of this charter school. They clearly have been deceptive to the outstanding members of my community, and they will also, and they have also vilified my community in the newspaper, which is very sad. I have seen an email in which he (The Charter School Principal)has referred to the Windward Planning Commission as the Kaumana Planning Commission, clearly implying that Windward Planning Commission has taken sides and is also against them. This type of attitude makes it very difficult for our community to work with them. Sincerely,Robert Wagner. AU: Thank you. Any questions? Okay,thank you guys very much. We have Kerri Marks, Henry Lee Loy,Lee Botelho and M. Bishop. Okay, two, two, four. Okay, can you all please raise your right hand. Do you affirm to tell the truth in front of the Windward Planning Commission today? TESTIFIER: Yes. i do. AU: Thank you. Please state your name and where you reside. Let's go with Kerri Marks first. MARKS: Good afternoon. I'm Kern Marks. I live in Kaumana City up Kaumana. I oppose this application for all the reasons I testified for about,ditto, ditto, everything everybody said. They don't have the water situation figured out,the traffic is going to be a nightmare. I don't want Kaumana Drive to change. 1 do not want it widened and straightened and all that. 1 love it exactly like it is. And this school is never ever going to be accepted up in that neighborhood. So we should reject it on that alone. Mahalo. 26 2028 0 0 AU: Thank you. Any questions for the testifier? Okay, let's go with Henry Lee Loy. H. LEE LOY: Good afternoon. AU: Please state your name and where you reside. H. LEE LOY: Henry Lee Loy, 1574 Mele Manu Street,Hilo,Hawaii. Since our last meeting last month,we have gathered 31 more signatures for our petition. It now numbers a total of 557 signatures for the petition objecting to the proposed site for the Charter Connections School. The proposed location of the Connections Public Charter School would endanger and hinder the community and students alike, as I testified previously. I attended the community meeting at the Connections School on December 17, 2012. The principal,Mr.Thatcher was absent. The Vice Principal Mr.Boyd was present. 1 felt that Mr. Boyd gave vague and evasive answers in response to questions from the community. Here again today Commissioner Ishibashi asked how many students? And they don't know,they can't give an answer. Yet this applicant has said they have been doing the outreach for five years since 1008. The applicant has not earned the trust of the community due to continuous inaccuracies. We request your support by voting no for this applicant's special use permit. Thank you. AU: Thank you,Mr. Lee Loy. Any questions? Okay,we have Lee Botelho. Please state your name and where you reside. BOTELHO: My name is Lee Botelho, and I live on Mele Manu Street. I did provide a written testimony also for you folks to read. Last month I testified and emphasized that the Commission should focus on the proposed use of the property and whether or not building an educational facility would be appropriate. Again, I would like to provide comments on why the proposed use would not be an appropriate use of the subject property. Although it may be an acceptable use,building a school would not be appropriate for the following reasons: Based on the County's per person requirements for water,and as well as the school's engineer who testified based on the American Water Works Association's projections per day,if you use the 16 gallons, which is the minimum for a school that has showers,not boarding,you would be able to provide water for 262 people,that includes students as well as the faculty and staff. The school has said that they would cap enrollment if the water requirements do not meet their enrollment levels. But their enrollment already exceeds that. So,therefore,there's not enough water for this project. 27 2029 During the December 6h meeting,Principal Thatcher testified that this property was selected based on the State DOE Educational Specifications because it was the only property that met the criteria of 50 acres or more. Since the upper portion of the property has been deemed unusable due to the location of the Kaumana Cave system, and today they've also stated that it's going to remain open land, so it's not usable property, it no longer meets the State's specifications for building a school. Principal Thatcher today urged the Commission to follow the goals and processes of the General Plan. The General Plan,oh,sorry, I've got to back up. The specifications also require a minimum of two vehicular access points each on a different side of the property. So I did give you copies of the DOE's specs for building educational facilities, it's in there. There is only one access point to this parcel from Edita Street. And as the Planning Director said at the last meeting, future access if any, granted by Mr.Brilhante cannot be a consideration for approval or disapproval. As such,you must consider the fact that there is only one entry for vehicles. So now I go to the General Plan. I also have a copy of the Projection of Resident Population by District, which is included in the General Plan,which shows a steady increase in the projected population of the Puna district. The Hilo district projections remain the same from 2000, approximately the same from 2000 to 2020. Based on this,and the goals of the General Plan, there is a greater need to develop public facilities and services in the Puna district. DARROW: Time. AU: Ms. Lee, you can surmise real quick. BOTELHO: The last thing is the General Plan also has a requirement to comply with the DOE'S specification for building facilities. As such,I hope you look at the appropriateness of this request and make a decision. AU: Okay,thank you. Any questions for the testifier? Okay,we have M. Bishop. BISHOP: Good afternoon. I'm M.Bishop,a homeowner up in the Kaumana area. Madam Director,Chair,and neighbors,Board, excuse my rant. It's also on paper in front of you. If you got it there's a bunch of misrepresentations and spelling. I have to applaud the civility and value of content that my neighbors voice in opposition to the proposal of the Connections master plan. But,it's time to clear some smoke out of the air and other places. The use of the word horse and the word barn in combination are in print five times in the first ten pages. And they conclude with a Section 2.1.3, the project phasing and the construction plan on page 11, where the first to be built facilities are the barn and agricultural facilities, followed by one year the caretakers house and dorm complex. Then in Phase 3 the beginning of high school classes and facilities. To what end does the horse precede the classes? Second,the State Land and Natural Resources DLNR has not found the proposal by Connections to be in error. They will let Connections drill a well. The State Land Commission will let 28 2030 0 0 Connections drill a well. Now the Attorney General's office will let Connections drill a well. May I say that this Board has no opportunity to review the well's process if it was to be applied for according to the master plan that was provided for by Connections. It goes straight to the State. The Windward Hawaii Planning Commission faces a formidable decision. On page one of Connections Master Plan,the issue of drilling a well is already injected for precedence. The topic is fully explored when explaining the plan's water needs and resolutions. A well will be drilled for their needs. It's not enough to get what you want civilly. Just take it from mother nature. Again, Windward Planning Commission you have a very daunting decision to make. Thank you for your time. AU: Thank you. Any questions for the testifier? Okay,seeing none, thank you guys. We're going to bring up the last three people. Is there anybody else besides Layne Novak,Robert Gomes, or David Camacho? Is that all we have? And that will conclude our-. LEITHEAD TODD: One more. AU: There's one more, okay. Please sign up, or you can just have a seat. Just have a seat, and I'll write your name here. And as we conclude our testimony portion of this application we're-. OKUHARA: Before you go on, my name is Norine okuhara and Y did sign in. AU: Oh,okay. OKUHARA: But I will give Terence Yoshioka my time. AU: Okay. So Ter-, Mr.Yoshioka you can have a seat. Thank you. Okay. So as we conclude this public testimony part,we're going to take a break and we'll reconvene at 2 o'clock. Okay? So please raise your right hand. Do you affirm and swear to tell the truth in front of the Windward Planning Commission today? TESTIFIERS: I do. Yes. AU: Okay, thank you. Let's start off with Layne Novak. L. NOVAK: I apologize to the Windward Planning Commission. I had not planned on testifying,but I just got so irritated listening to the applicant that I felt compelled to do so. So excuse my babbling. When they started talking about the water issue,when we went to the community meeting at the Charter School on December, whatever day it was, 17th,they said that they would cap the number of students based on water. Their original objective was to develop a combined,to bring the two campuses together,K through 12 on a single campus. If they are going to cap the water, and they kept bringing up they have enough,they would have enough 29 2031 water for 70 students; and if that's all they can have then that's what they're going to cap it for. Why are they building in our neighborhood if that's all they're going to work with? You know that's not bringing together the K through 12 campuses. That was their original objective. Now they're planning piecemeal. They haven't,they don't have a master plan. The plan is fly-by- the-seat-of-your-pants. And this is why the community doesn't believe in what they do and what they say. They haven't followed their own EA about not bulldozing when the bats are in their pupping season,they bulldozed the property. DLNR is still investigating them. 1 have tried to reach the investigating officer. He has not completed his report. And, therefore, I have nothing to say to this Commission at this time. I, sorry, l think that's about all I have to say. Thank you. AU: Okay,thank you. Any questions for the testifier? Okay,Robert Gomes,please state your name and where you reside. R. GOMES: My name is Robert Gorses, Jr. I'm a lifetime resident of Hilo. I work for Public Works. The last time I testified here concerned the traffic situation in the suggested location of the school. Today I'd like to,first, I'm appalled at Mr.'Matcher's comments about my brother. He's mixing in tragedies with this issue here that has nothing to do with those things. We really feel like they're bullying their way in, glorying up and stuff. I personally believe the Attorney General's Office should represent the community and special interest groups. It seems like we're in the middle of something that we missed the beginning of, you know. I think we should be at this process before the land was even leased for them to start doing work, planning on this specific location. I believe it's their wasted amount of resources that they spent all this effort to try to prove that this school should go here while not using those same resources to look at all the alternative sites and see the impact that it would have on these other sites. Can you imagine if you tum thein,down here and they go someplace else,they're going to affect another community. You'll be seating in front of another bunch of people telling you why they don't want Connections in their community. So their ability to just corner themselves into this situation has created a massive dilemma for the Commission. Whether you do or not, there are going to be repercussions to your decisions,because I believe that we were speaking earlier about the responsibility of the notification. It should Iie directly with the applicant or developer. He had all the time. I don't care what the effort is or the amount or cost of it It is the responsibility of the applicant and the developer to notify the affected and impacted area where they're going to work. It shouldn't fall on the taxpayers money where the County or Council. Somebody else should be doing fine notification. And the magnitude of this development is a lifetime impact. We had a gentleman here earlier today requesting a permit for his cold kitchen. But in the process of this,we asked, you asked the gentleman what a cold kitchen was and he said it was not cooking,but then he might be doing some smoking. I don't know what smoking consists of but I think there's some fire involved. And we weren't quite sure how much effort he gave in contacting his neighbors and making sure either by signature or some kind of evidence to show that a year from now somebody is not going to come and say,hey man,there's fish guts smell, 30 2032 0 the smoke is bothering me,my house get choke flies, you know. So the impact of,of whatever is being built and developed is really placed into the responsibility of the person who's doing it, and it shouldn't fall on anybody else. So in this case the amount of time that Connections has spent should have been spent in a more friendly manner. And if they had offended people they should approach these people in an apologetic attitude,not lowering up and threatening and say,well, if you turn us down here, we're going to appeal it;we're going to take it to a higher court,or where the Attorney General's office is trying to move it out of your hands and put it into somebody else's hands and not be able to allow the community to -. And so I'm strongly advising you to stop it and reverse it, and start al] over again, and force them to bring in the alternative sites. Like I said,we're not trying to stop them from building a school. And they can probably build an awesome school, you know. And it's just about location. And I hope that you-. AU: Thank you. Thank you very much. Any questions for the testifier? Okay,thank you. Robert, I'm sorry, David Camacho. CAMACHO: I'm David Camacho. I live in Kaumana also. I also wasn't going to testify. But most of you know me here as a physician,but in the old days about 30 years ago I was a mechanical engineer, so I got kind of turned on about the water need. And I lust wanted to,I came here to find out what exactly the Department of Water Supply had in response to the water needs for Connections School. So if I use the calculations correct, it's somewhere between 10 as Mr. Gonzales had asked, between 10 and something like 110. And so if we just take the minimum of 10,and you're looking at, and they,I think we gave therm 4,200 gallons or something like that, you're looking at maybe 400 kids and teachers and everything. So I know my wife testified earlier. So there's only a few places that you can get water. So you've got to look up and you can pray that it rains; and we do get a lot of rain in Kaumana. And even that rain we calculated if they collected every drop they would need a certain amount of roof space and everything to get every drop of water to get some of that other 80 percent of the water that they don't have, cause out of the 22,000 they need they only got 4,000. Then you can look in the ground,as the previous person investigated, and dig a well. And one of the things I found out, and don't quote me if this is true,but if they want to put a new waxer tower up(and I would hope maybe they can answer this question for me),it would require that most of the residents - I don't know what most means, somewhere between 60 and 80 or greater than 50 percent-would have to agree to have a higher water bill to pay for that new tower. So if they plan on putting a new tower in to support their water, then they would have to come back to us and ask us to vote to build a new tower because they need more water. So my only point is, is that I'm not sure how this works. But I think if I told you I was going to build a house but I built only half of it because they only gave me half the water supply and I need to build the Other half, I don't think you would give me a permit. 31 2033 0 0 So what I would want to know from them is just what's their water answer. That's why I came here today. You need water for safety reasons in every fashion. You know, as much as the flu is going around today,we heard on the news 18 kids have died. You know the water issue with fire,the firemen got to have water and,you know, the water has got to come from us somehow up the hill,right? Water flows down the hill. So I would just hope that the Commission at least wait to see what the water issues are. Where the hell are they going to get the water at? No clue up there. So my mechanical engineering days are over but I was hoping that the engineer would answer that question, or the planner. Thank you. AU: Questions for the testifier? Okay, last testifier we have Terence Yoshioka. So please state your name and where you reside. YOSHIOKA: My name is Terence Yoshioka and I'm a resident of Pacific Plantation Subdivision. Before I begin, I'd like to attend to a housekeeping matter. And I'd like to submit into evidence the testimony that was referred to by Mr. Fuke that was prepared by,jointly,by myself and himself, and which has been revised. And if that can be made part of the record? Okay? AU: Okay. Yes, staff will go ahead and receive it. YOSHIOKA: Okay. Thank you very much. AU: If you'd like for us to review it,we need copies. TORIGOE: Has this been distributed to them? YOSHIOKA: Yes. It has been distributed to therm. AU: Okay,it has been distributed so we do have it. Okay, so we do have it. Sorry, go ahead. YOSHIOKA: Before I-. AU: Sorry, go ahead. YOSHIOKA: Yeah, before I begin my presentation, I'd like to respond to a statement that was made earlier by one of the speakers in support of the application. And I think she mentioned that there are 50 conditions attached to the special permit. And, to me, that is testimony to the fact that that application is tenuous and incomplete and supplies sufficient reason for denial of it,just on that basis alone. Let me go now to my presentation. Applicant has attempted to create the illusion that the 70-acre property is the only suitable property for its school. It has done so by making the following representations: 32 2034 0 0 1.That it will develop an agricultural program for its students; 2.That its agricultural program will require 20 acres of land; excuse me, and 3.That the subject 70 acres is "uniquely suitable"for its program. Nowhere in its application has applicant provided proof that an agricultural program is needed or wanted by its students. There is no basis, therefore,to assume that applicant will actually develop such a program. Any conclusion based upon the presumption that the program will materialize is unsupportable. Furthermore,it is impossible to conclude that 20 acres is required for the program because no evidence has been presented to identify what agricultural uses or activities will be taking place, and the area required for each use and activity. Applicant's attempt to equate its need for 20 acres based upon the 20-acre demonstration farm of the University ofHawai`i at Hilo is unfounded. The fact that the University has a 20-acre farm does not mean that applicant's program will require 20 acres. Without some relevant basis for comparing the University's needs to the applicant's needs, any assumption that the applicant requires 20 acres would be based upon pure speculation. The Windward Planning Commission can,also,find, and I urge that it do so,that the property is not"uniquely suited"for applicant's program. To be"unique", the property must"exist as the only one", or"have no like to equal". This would mean that if the property's"D"or poor-rated soil is"uniquely suited"for the program,then all other properties with better-rated"C","B", and "A"soils would not be"uniquely uniquely suited"for the program. It goes without saying that this is illogical,incomprehensible and unbelievable. Applicant seeks to pressure the Commission into granting the Special Permit by creating the illusion that this property is indispensable to the school and its agricultural program. And,in doing so, it hopes to divert attention away from the more weighty,relevant issues such as increased traffic flow,the insufficient water supply, and, most importantly, the adverse impact that the project will have on the adjacent landowners. These issues, and others,have already been adequately addressed by previous speakers and will not be repeated at this time. However,I urge the Commission to give serious consideration to these issues, which are real and have been supported by credible evidence. Conversely,I urge you to disregard the unsubstantiated and misleading representations of the applicant and to deny its application for a Special Permit in the interest of sound planning and public welfare. Thank you for your kind attention. AU: Thank you. Any questions for the testifier? Okay, I want to make one request before we go out to lunch. Can I call Mr. Puke up here,please. I have a question for you. Okay,Mr.Puke, you're already sworn in. Just recently this past year we approved a bunch of projects in that area. Staff,maybe you can help me out. We approved Regency,there's another subdivision that 33 2035 was,and that subdivision wasn't approved but there is a subdivision in that area,is it Kid's Corporation Development, LLC or something? DARROW: Yes. AU: Okay,there's a subdivision going up there. Okay,Regency is a 100-bed facility. Let's say that's 100 percent built out and there's 100 seniors in that facility. I believe there are other subdivisions that are going up there. So, you know, I know traffic is a big issue for everybody, and it seemed like you represent a lot of your neighbors and community. You know,what is your opinion on,you know,traffic? I mean in your presentation you said it will increase traffic, But what about the other developments? FUKE: Well, I think that kind of relates to the cumulative impact. And so if you look at the Environmental Assessment,the Environmental Assessment did not necessarily consider the cumulative impact. It just looked at existing situation and what this project would,additional traffic this project would generate until maybe certain streets,be it Kaumana Drive and Edita Street. But it did not examine, for example, as was what was pointed out by others like other streets that are in the primary Kaumana,Kaumana Drive area which is problematic,which is really from mauka of Ainako Avenue to like Wilder Avenue. Because if you have a lot of traffic coming in$om the Puna side, for example, I think you may have some traffic,people travelling along Puainako,the extension,coming down, going down Wilder and then coming down on the Kaumana Drive. And so -. The other traffic studies that were done, for example Iike in the Kona area, if you do something along Alii Drive,there is an examination of multiple intersections and not necessarily only on one intersection. For example,if you do Alii Drive then you would have to look at like the impact on Kamehameha III Road, also Lunapule,Lunapule and also down in Hualalai Road. So, you know,there's like multiple examinations of different intersectional types of impact. In this particular situation, all they looked at is primarily the Edita Street intersection. So the community is basically saying that,well,you know,you're going to have a lot of additional traffic coming up and down the road so what about those kind of impact. But the direct answer to your question is that the cumulative impact was not examined. AU: Thank you. Any questions for Mr.Fuke? Okay,with that said,what we'll do is we'll go ahead and take a break. And we'll reconvene at about 2 o'clock. LEITHEAD TODD: I think you've got to go to 2:15. AU. Okay, okay, we'll go 2:15. We'll reconvene and be back here by 2:15. RECESSED -The Chair recessed the meeting at 1:15 p.m. RECONVENED—The Chair reconvened the meeting at 2:32 p.m. 34 2036 0 AU: The Commission meeting will come back to order. I hope everybody had a good lunch. I didn't formally wish everybody a happy new year. So Fellow Commissioners and the public, and fellow staff,Happy New Year; and we'll continue on with this application. Can I have Ms. Sue Lee Loy come up,please. And you're already sworn in so we'll just go ahead and ask a few questions to you. Ivan? TORIGOE: Yeah,the Chair Person has asked me to just state for the record that the Deputy Attorney General who was here has left already for Honolulu with the consent of the applicants. Correct? S. LEE LOY: Yes. TORIGOE: And so the applicants basically will be operating without her assistance this afternoon. But everybody is agreeable to that? S. LEE LOY: Yes. THATCHER: Yes. AU: Okay. Thank you, Ms. Lee Loy for coming up. I want to refer to your report. I guess this is your summary, you know, and I just want to make sure that our Director and our Planning Department read all of this. I know you read this word for word pretty much,but 1 just want to make sure that, you know, we're all on the same page. And, you know, I do just want to clarify what's on the table now. So, Madam Director or planning Department, do we have any issues with these proposed additional conditions? LEITHEAD TODD: No. AU: So,Fellow Commissioners, I'm referring to this page that we were issued today and it was by Ms. Lee Loy, it says"Status Report of Community Meeting." And on the second page Ms.Lee Loy has three conditions set in place-Condition—A, Condition—B, and Condition--C. And I believe those are amendments to the original conditions;and that's what he's Is that what you're requesting to amend the conditions that were given at the last meeting? S. LEE LOY: Yes. For the record,the applicant continues to support the proposed conditions of approval presented by the Planning Department and approved by the Planning Director. They were revised,I believe,at the November meeting. They have 22 conditions. The 3 conditions that I proposed here really was a direct result of the community meeting that we held in December and me really listening and trying to figure out a way to begin to bridge some of the community concerns and give them the assurances. So Conditions—A, -B, and--C, was a direct result of that. So in addition to the conditions prepared by staff, we are continuing to offer a few more conditions to help refine this process a little bit more and, you know, allow the community to continue to have a voice in this process. 35 2037 0 0 AU: Okay,reminder to Commissioners,we're looking at this green paper right here,this green paper is the final conditions. And we received this one at the last meeting, our December meeting. So it's green. So the yellow one was issued in November when we first heard it; and the green one is the one we're looking at right now. And at this time what we have on the table is we have a, we'd like to entertain a motion either to deny or approve this special permit with the amended conditions. So the amended conditions are on this green paper. Madam Director? LEITHEAD TODD: I just wanted to make a couple of comments on the proposed additional conditions, specifically on page 2,that status report. And this regarded the 50-foot buffer, If you're talking about buffer,I think you need to not just have an issue about an occupiable structure but whether you've got a landscaping buffer. And so if you had like a 10-foot landscaping buffer around so that, you know, you basically don't cut down everything right to the edge of property-. Because then, you know, you can see all the buildings and stuff, so that you need to keep that. But,because the condition as written would still allow you to clear cut everything and you could still put structures. It just wouldn't be occupiable structures. So you would still have barns and other things that would be close to the edge. So if the intent is to provide a visual buffer then you need to have some kind of landscaping barrier. If the intent is just to reduce activity in the area, you know,then that's an entirely different buffer. So I'm just snaking those comments for the Commission's consideration as to what is the intent of the buffer, S. LEE LOY: And to help the Director clarify,it really was to, one,kind of continue an open space. l recognized through the process,plan approval process,there's some need for landscaping. The applicant would more than likely continue those landscaped buffers. It really was the intent of the applicant,and based on the community feedback, to ensure that some of the noise making structures,like a classroom,would be as far away from the property line. LEITHEAD TODD: So you're talking noise more than anything else in terns of this buffer? S. LEE LOY: Well,we,it's the intent of the applicant to not put any structures within that 50- foot buffer. We do view, you know, infrastructure, roads,that type of thing, as, you know,just that. It's not a structure,it's no structure. AU: Okay, Fellow Commissioners,so that's what we have on the table,we have a, either entertain a motion to approve or deny the special permit. And what I recommend is we go into executive session. So could I have,could I get a motion for that? TORIGOE: You've got to state what the purpose of that would be. AU: Executive session would be to consult with our Corporation Counsel on the possible outcomes and legalities of things, TORIGOE: Okay, basically to get legal advice-? AU: Yes. 36 2038 TORIGOE: Regarding some possible options on this? AU: Yes. TORIGOE: Okay. AU: Yes,legal advice. TORIGOE: Second? MOSES: Before we do, can I ask a question? AU: Sure, go ahead, Commissioner Moses. MOSES: I'd like to know that since, or find out before we go into executive session,that since we received, we have now the benefit of public testimony and all the information that has been given,has the Planning Director's recommendation changed? LEITHEAD TODD: This is an application that probably gave me as well as the Department a certain amount of heartburn. And this is even before we had public testimony. And a lot of it had to do whether this was an appropriate location for Connections School given the fact that 50 percent of its students came from Puna. But when we stepped back to look at this and not looked at the makeup of the students which could change over time so that in fact over time this could be,because at one time it was 100 percent students from Puna. So we had to go back and take a look at was this a public charter school on State land Use agriculture at this particular location an appropriate application for a special use permit. And we basically said that we felt that it met the parameters. I admit that I have significant concerns over traffic, and not the traffic at the intersection of Edita and Kaumana Drive. What the traffic study did not address is the traffic at the intersection of Ainako,Mohouli Extension and Kaumana Drive. And this is both from testimony of the public and the fact that I drive that road every morning to take my two children to,my two youngest to Hilo High. The traffic in fact does back up to Terrace. And if you were to add an additional 20, 30,40, 50,60 cars going up Kaumana Drive,dropping students off at the school, and then turning around and going back down Kaumana Drive,what does that do to the timing of that intersection? And I don't know cause I don't have that information. And so I would probably want an additional condition of additional traffic impact analysis work to be done before any final determination by the Land Use Commission were done on this here. Based on the information that was provided and the way that we analyzed this,my recommendation is in favor, but it is not without reservations, it is not without grave concern. And it's the traffic on Kaumana Drive, not the traffic on Edita that I'm concerned with; and it's the lower down because we do have additional subdivisions and additional development coming up along Kaumana Drive. And the study does not really address the cumulative impact of all of that. It did what typically traffic studies do, is you look at the impact of the specific spot. But 37 2039 0 0 the problem is,is that it all funnels down to that intersection. And I don't have information on what kind of level of service it does,and whether you then have to widen Kaumana Drive at that intersection,whether you've got to adjust the traffic lights. And that becomes a significant cost. And who would do that? And I can't tell that from the TLkR. But at this moment I am not changing my recommendation. AU: Okay,Commissioner Moses is your question answered? MOSES: Yes. AU: Okay. I'm ready to entertain a motion to go into executive session. S. LEE LOY: Chairman Au? AU: Yes,Ms. Lee Loy. S. LEE LOY: Real quick, the applicant has also brought Phillip Rowell who's our traffic engineer who did the study. So if the Director needs a little bit more information on going forward crafting of a, you know, a condition related to the look at other intersections,we have the technical expertise here to kind of give an approval of that. LEITHEAD TODD: Unless he studied the traffic at Mohouli,Ainako and Kaumana, l don't think he has any relevant information to give me. S. LEE LOY: Okay. LEITHEAD TODD: Thank you. MOSES: I make a motion that we go into executive session. GONZALES: Second. TORIGOE: For the purposes of-? MOSES: For the purposes as stated. TORIGOE: Yeah,it's just to have a consult with counsel. AU: Okay, well, we're going to take a vote or you guys just want to do it all together? All in -? TORIGOE: You've got to take a vote. AU: We've got to take a vote. 38 2040 0 DARROW, Thank you,Mr. Chairman. The motion before us is to go into executive session to consult with counsel. With that I'll take the roll. Commissioner Moses? MOSES: Aye. DARROW: Commissioner Gonzales? GONZALES: Aye. DARROW: Commissioner Ishibashi? ISHIBASHI: Aye. DARROW: Commissioner Ono? ONO: Aye. DARROW: And Mr. Chairman? AU: Aye. DARROW: The motion passes five to zero. AU: Okay. So can everybody please step outside? Thank you very much. And we'll call everybody in when we're ready. Thank you very much for your time. EXECUTIVE SESSION—The Commission went into executive session at 2:44 p.m. The Commission came out of executive session at 3:44 p.m.by a motion made by Commissioner Ishibashi, seconded by Commissioner Moses, and unanimously carried by a voice vote of all Commissioners in attendance. (The Chair stated that the Commission will take up the geothermal items today.) AU: Thank you everybody for coming back. Can we bring the applicant forward,please. Any applicant's representative-? Ms. Shen, are you here? Ms. Shen, she's here, okay. Is there a traffic, can you come up too? And I think I need to swear you in. Okay, can you just raise your right hand. Do you affirm and swear to tell the truth in front of the Windward Planning Commission today? ROWELL, Yes. AU: Okay,thank you. Okay, well, we, our Commission we have a whole bunch of issues that we'd like to just talk to you about. And,you know,please respond. You can speak out of turn and whatever is appropriate is fine. And Commissioners are welcomed to ask as they want. Traffic, so can you state your name first and where you reside. 39 2041 ROWELL: Phillip Rowell,principal for Phillip Rowell and Associates. AU: Okay,from your professional expertise,is there anything else on traffic that can be done,or whatever results you have that you'd like to share with us-? ROWELL: Sure. AU: Regarding traffic? Please speak into the microphone. ROWELL: Yes, I'm sure it's about traffic. Such as additional mitigation or-? AU: Well, what do you think about cumulative traffic in regards to the other, other developments that were just recently approved, the 100-bed Regency facility up Kaumana,the, there's other-? ROWELL: Okay. When we did this traffic study,keep in mind it was done 3, 3 or 4 years ago, 2006, it should be 2010. Three years ago these related projects,the Regency, so forth,were not before us. Okay? We didn't know about them. So obviously they're not included in the background forecast. What I did do since I didn't have any specific projects, I added a background growth rate to the traffic volumes along Kaumana in order-. It's pretty typical if you don't have specific projects. You know traffic is going to increase over time anyway. So there's a 1 percent, I believe,background traffic growth which resulted in our growth rate of about 12 to 13 percent between now and the designing of the project. So we, I did the best I could to accomplish,to compensate for any smaller projects that would go in the area. I know there's a question about the study area. And the reason the study area was limited to what it was,that's consistent with the other traffic studies that I've done and I've seen for that area. It's not the first project I've done along Kaumana. However,if we had gotten or if I had received comments during the review of the draft from Planning,Public Works,Police,Traffic, the study area would have been amended to include those intersections. The fact is we didn't get any comments about the study area. AU: Okay,thank you. GONZALES: I have a traffic question. So would you, would you agree that maybe the traffic study is outdated? ROWELL: I know to answer it all the away. Typically even, a typical driver study of any counts over two years old,you update the traffic study. Okay? There are exceptions to that. If you're in an area where there has been no growth,no change where you can document that, then the reviewing agencies will accept older counts. But even DOT, they update all their traffic counts every two years. 40 2042 0 AU: Ms. Chen,Shen,through your design process of the development,we all know there's one primary exit off of Edita Street to get in there. Does, I don't know if you can answer this question. Does DOE require a school to have an emergency,in the event of a natural disaster,a hurricane or something, do you need to have another exit out of the whole development out of the school? SHEN: I'm not aware of that,no - I don't know if maybe John-what a charter school is required to adhere to as far as DOE standards. THATCHER: The DOE standards apply to schools that are constructed for the Department of Education. We looked at the guidelines but we are not bound to follow those guidelines. We use them just in helping us to make decisions on the property. So because the State is not paying for these facilities, and they're not,this is not a DOE school,charter schools are separate from the Department of Education. AU: Another issue that I have with this project is, you know,this is a school and it is subject to prevailing wages. So during the contraction part of this project,you know, it's going to get pretty expensive. And the DOE doesn't give money for facilities. And CBESS has to come up with all this money; and, you know,they have to build according to what it is designed for. And if this is going to be a Silver LEED project or even more,you know, more expensive with Cold LEED project,or even the most expensive a Platinum LEED project which I would assume it would have to be to achieve the water, the 4,200 water credits-. So, you know, I mean this is going to get really expensive. And that is a concern that I have for the cost of the project. You want to answer that? THATCHER: Well, this is,this is why we're doing the project in phases,because we do have a fimdraising organization working on Oahu and on this island; and they have raised funds, some funds,to get to the point where we are. We've also been working with the US Department of Education. And for the first time in the State or the first time in their history they have looked at the census track in making a decision whether we could access Rural Development Money for this project. At first they said only Hilo can access or Hilo cannot access Rural Development Money;but when they looked at the census track, they said this census track shows that this area is considered Rural. So we are eligible for long-term low interest loans from the USDA. AU: Is Connection eligible, is CBESS eligible to receive money from private funds like Marylcn.oll built a,by the Ching Foundation or-? THATCHER: Yes. AU: Okay. And do you have a grant writer on staff or does CBESS have a grant writer on staff? THATCHER: Well, we have, we have consultants that we're working with. We're working with Batty Shay(phonetic). AU: Any Commissioners have any questions? Please feel free to take all our concerns up. 41 2043 0 0 MOSES: I just have a comment. Did you just say that the USDA is willing to provide funds because that particular land,the site,is considered Rural? THATCHER: That census track is,is considered Rural. It's based on the population of the area, based on the population of the census track. MOSES: Okay. So,then that,I could not understand with all the hearings that has happened and with all the information that has come through why Connections School,which we think you're a great school that provides a much-needed service to the children on this island,why are you so set on this site when there are other sites available and snore,perhaps,conducive to meeting your needs? Now I just heard something that I didn't know before that,and that,that's something that I think should also be considered. THATCHER: Did you want a response? MOSES: No. GONZALES: I have a question or comment too,right along the same lines. Wouldn't you rather be in a, you know, you say the build out is going to take 10 to 25 years. Is that, did I read, I've read that. THATCHER: It could take. GONZALES: Okay. Wouldn't you rather be in an area where the surrounding community could grow with you for 10 to 25 years? THATCHER: We have identified this site,we've invested a considerable amount of money into this site; and we feel that this is the best site we can get to fit our needs for the programs that we are doing and would like to expand. GONZALES: Can I ask you,what's your current enrollment? THATCHER: Our current enrollment is 350 students. GONZALES: And that's both campuses put together? THATCHER: Yes. GONZALES: Thank you. AU: Okay. Any more questions for the applicant? Seeing none. Okay, can I bring, can I, you guys can leave. Can I bring up Mr. Fuke,again. Hi,Mr. Fuke. Thank you for coming up. Okay,from someone in the.community, I just wanted to ask somebody in that community,on any given day,what is the traffic like on a, okay, let's start off with a normal morning? Let's 42 2044 say, let's start off with a Furlough Friday. Okay,Furlough Friday, no school,no County, the County is not working, you need to go to work because you have a private business. How is the traffic? I mean it's flowing,how long does it take you to get.from Kaumana down to Hilo? FUKE: I think it's not fair to use Furlough Friday because the County is going to be off tomorrow,but the school still is in operation. So,well, let's take a Saturday then. AU: Okay. FUKE: Saturdays in the morning,no, it's like every place else. I think the traffic is very benign, I mean from my standpoint. If you would take like the normal workday like in the a.m. It's,I think it was one of the testifiers from the community that mentioned that it's a function of like when you leave your home. And if you leave like your home around like 7:15 or so coming down makai on Kaumana Drive then you're going to probably be up at Kaumana Terrace roughly about 7:15, 7:30,it really gets bogged. I leave a little bit earlicr and so I kind ofmiss that. So, you know, in terms of like the time delay, as I mentioned earlier in my testimony, you know, you're going to have like Level of Service A,B, you know, 1, 2, 3,4, 5, or A,B, C,D;but it just relates to how much longer it's going to take you to, you know,get movements in and out of an intersection. It's hard to translate or quantify necessarily the, you know,like the level of impact,you know, as it relates to the residents that have to sustain maybe an additional,maybe 100,or 240,or 300 percent more vehicles over the lifetime,you know, of a project. So, so that's more perceptual rather than,rather than I think something that you can necessarily quantify. So that's why I had to use the analogy about like, you know,people saying like,well, you know, that shoe should fit you,you know. But unless you're wearing the shoe it's kind of hard to figure out because to one person it might not pinch, to another person it's going to pinch. So the community is saying that it pinches,even though the level of service might translate from A to B. AU: So it's clearly,I just want to put it on record, it's clear that when Hilo High School started and De Silva started, and that school,Kaumana,Kaumana Elementary started traffic is pretty, it's pretty heavy now,now that it's time to go to work in the morning? FUKE: During peak hours, correct. AU: During peak hours? FUKE: Yes. AU: Okay. And with any additional development a,with Regency starting to get built up there, possibly Connections being built up there, and if there is at least 50 to 60 students there, of course, it will, I just want to put on record,that it will substantially increase traffic? PUKE: Just the normal growth,you know, you'll have like increased traffic in that area. Regency is a little bit different and,largely because their work schedule is such that it doesn't conflict with the a.m. peak hours. You know, their schedule is a 24 hour/7 situation, so then the 43 2045 first shift comes in at 6 o'clock in the morning. And so people come in,you know,like 5:30 or 6 o'clock; and that was the condition that was imposed. AU: Okay. Any questions for Mr. Fuke? ISHIBASHI: Mr. Fuke,where would be the most congested intersection? When you compare the entrance and the exit to the school,where would be the most congested intersection? FUKE: I'm not a traffic engineer,but just talking from, I guess,just a layperson's perspective, then I think that on the a.m. peak hour time, I think,you know,like a lot of the side streets between like Edita going all the way down to Ainako Avenue, you probably would have a lot of congestion. I mean I think as to what was pointed out, if you were on Aipuni Street, trying to make a left turn going makai then,you know, if you don't have a person with aloha,you know, you're going to wait for a long time,just to get out there. So that applies I think so to all of the other intersections that's going to have to make a left tum heading makai on Kaumana Drive, whether it's Aipuni Street or Kaumana Terrace. But Edita,you know, going down on Kaumana Drive is pretty much like it's a right-tum movement, so,but it's the other streets that's going have to, going have to sustain the additional wait time. AU; How far up the road is Wilder, from Edita Street to Wilder, as opposed froin Edita Street to Hilo coming down to the Ainako-? FUKE: If I were to just kind of guess, I think like Edita Street is probably like closer to Wilder Road than it is to Ainako Avenue, or maybe equidistance. LEITHEAD TODD: It's about a mile. AU: A mile both ways. Okay. LEITHEAD TODD: It might be a little bit more. Because from my house off of Wilder to Kaumana Elementary is just about a mile. And so from Wilder down to Edita would be a similar distance,would be about a mile. AU: Okay, so maybe it's right in the middle then? FUKE: That's kind of my sense. AU: Okay. You know,Fellow Commissioners,you know how they do for Hilo High,we're all used to it, you know, Waianuenue Avenue. Right? When I was younger and I used to drive early in the morning, I used to take that, try to make a left tum and the cops were stopping me. You know, it's just something to think about. I know it's far-fetched but I just kind of put it out there. Thank you. So does anybody want, any Commissioners want to get anymore information? Now is the time before we make a motion. MOSES: I would like to ask Mr. Thatcher-. 44 2046 AU: Please, can you please come forward and speak into the mike. Sorry, Commissioner Moses,we need to get everything on record. MOSES: At this juncture would Connections School consider looking for an alternative site? THATCHER: No. MOSES: Is there a designated spokesperson for the Kaumana conn-nunity? AU: Mr. Fuke, would you please come to the table? FUKE: I'm just a resource essentially. AU: And,Ms. Novak, if you want to come up forward you're very welcomed to. Commissioner Moses? MOSES: Is there any way that the Kaumana community would be willing to work with the Connections School to try to mitigate the concerns of the community, address them,and come to some, some-. FUKE: Well, I'd have to defer that to -. As I mentioned I've been kind of like more just providing, you know,land use advice to them. So -. L.NOVAK: As Allen said, we did go to the community meeting with Mr. Boyd and was extremely disappointed. Although he opened with, you know,"We're open to suggestions from the community,"none of the suggestions were really given a second thought. Essentially he told us,well,the County doesn't tell us that we need that so we're not going to do it. That's not being opened to dialogue. So,you know, if that's how they feel then we're not opened to dialogue either. One of the other things that came up was trust. There are,there is a lot of mistrust based on what we've heard so far from the School and what the School has actually done. And, frankly,there's no aloha here,period. I sent out a survey to all of the people that I have email addresses for, 92 percent of the respondents said that they do not trust Connections School and they don't want to work with them,period. That's how bad the blood has gotten between us. MOSES: Thank you. L. NOVAK: Sorry one more comment, sorry, sorry. AU: Okay,Ms. Novak. It's getting hot in here. 45 2047 L.NOVAK: Sorry. When you have the school taking out a TRO against one of the community members,that's -. PUBLIC: That's not true. L.NOVAY: That's low ball, I'm sorry. PUBLIC: That's not accurate. AU: Okay, Fellow Commissioners, would you,you need any more information? If not, ready to entertain a motion. Madam Director, would you like to interject before we get into it? LEITHEAD TODD: I was going to say that neither side has, you know, I think necessarily put its best foot forward. I don't know, I wasn't going to mention it,but since you mentioned the TRO, you know, somebody put a sign up on Kamuana Drive that said"No Connections," and the sign says "Protect your property from Theft and Burglary" as if the school is somehow going to subject you folks to theft and burglary in your homes. You know, that sign is right at the intersection of Kaumana Drive,Ainako, and the Mohouli Extension. So if there's bad blood it's gone both ways. Cause I've personally found that sign offensive. I don't know who put it up. But it's basically saying that if you have the school there that, you know, you guys are going to get burglarized. And that hasn't been the discussion here. The discussion here has been traffic, but there's stuff going out that has just exacerbated. So I can understand why people in the school community are concerned,I understand why the community is concerned because of potential impact. But this just started getting a little bit out of control. And it's highly unfortunate. Okay? The charter schools started because a lot of people felt they weren't getting adequately serviced for their children in the public schools. Okay. So the State Legislature responded and created a mechanism why,through which parents could create charter schools. And they seem to be extremely popular and they seem to be doing for some members of the community and some students in the cornmwuty,providing some niche that they weren't able to get. Unfortunately in this case what we have is, I don't think this was the best site. I think that,I don't know where the site selections of the State-. I mean I really wish that this had come to us with a better site. I wish you had a site that traffic on Kaumana wasn't an issue. I wish you had a site where water wasn't an issue. And it's kind of exacerbated as we've gotten along; and that's really unfortunate because I believe that Connections is a good school and it has a good program. I understand one of the issues for the community was that, I think they might have been more receptive if there had been some kind of belief that kids who lived in the community would be able to go to Connections. But my understanding is that that's, you know, that's not a given. So even kids that were in the community if they could walk to school then there's a benefit to the community. But if you don't have that kind of benefit to the community that the children who live in the community are going to have some opportunity to go there,then you're not likely to 46 2048 get some support from the people in that area if they don't think their kids can go. That's just one of the many issues. I'm just saying that for any future schools,what happened here was not the way to do it. Okay? AU: Thank you,Madam Director. Would you like to say something,Ms. Lee Loy? S. LEE LOY: Just,yes,to help Ms. Moses. I've been tasked by the nonprofit. And I continue to be hopeful and show up as my best,best self and listen and hear what the community is saying, and translate that into conditions of approval that help support their concerns. You know,to reiterate what the Director has said,there's been a number of hiccups along the way and a number of things that could have been done a little differently. I know that my duty here going forward is to continue to show up as my best self, continue to try and engage. And I know for me and my duty with the nonprofit is to continue to have an open door with the community, and try and engage teem to build bridges. AU: Thank you, Ms. Lee Loy. Okay. MOSES: I appreciate that. It was quite obvious in your testimony and the conditions that you put together after that community meeting. So I want you to know that it is definitely acknowledged. Thank you. AU: Okay,ready to entertain a motion again. GONZALES: Mr. Chairman, I would like to introduce a motion to deny Special Permit Application 12-138, Connections New Century Public Charter School/CBESS. My reasons being traffic,multiple traffic concerns,water, and, lastly, I just don't think it's a proper use of the land. AU: Okay,do I have a second? ISHIBASHI: Second. AU: Discussion? Okay, I-. Ms. Lee Loy, you can have a seat. S. LEE LOY: Thank you. AU: Okay, Ms. Lee Loy summed it up in her last three sentences. You know, she's,regardless what she's feeling,us as a Commission, we need to focus on what we're here for. So I'm going to refer, from this point on, as we go through this discussion process,I'm going to refer to our jobs here as a Commission. Connections is a great school, great thing,is a great charter school. We've heard a lot of good things about it. The community does, is not happy with it. You know,those are the facts. Right? Connections is a good school,the community does not want it. And we are here to represent our communities in a land use matter. Okay, so we need to strongly consider our community,which is our job. I'm not saying first and foremost our job is 47 2049 0 land use,but our job is to look at every application and see,is it proper,is it appropriate, and we take into consideration,part of it we take into consideration what the community feels. So, you know, I am on the fence on this project. I think development is inevitable. There's development corning up all around us. Okay? We've got Walmart. When Walmart was built everybody was against it. People petitioned it,people didn't want it. Now everybody goes there. You know a change,development, I think, goes hand in hand. It's not easy to swallow. Okay, community? So don't get me wrong. You know, if it was in my backyard I wouldn't be too happy with it either. But our jobs as a Commission, we have to do our jobs. That's why we are appointed for these positions. So keep that in mind as we move forward. GONZALES: I'd like to say a few things too. And, again,no one is against the school.,no one is against the children. ISHIBASHL That's correct, GONZALES: My son graduated from a charter school. It was a wonderful thing for him. I just think we're in the wrong spot and we need to look for another one. And we'll all still be here to help you with that. Ijust, you know,we talked about this when we were in session,you know, no matter what we do here today,half of you aren't going to be happy with us. So we all feel bad. But we do have to move on. We've got to get this off our agenda, We've got to get it to where it needs to go next; and I think that's where we're at, that's where I'm at. AU: I would like to hear what my Fellow Commissioner who lives in that district has to say about this particular application. Commissioner Ono? ONO: I'm not sure that I qualify. I live about a mile away,but I live in Lower Kaumana. AU: Well,I believe that's in your district though. ONO: Yeah,it is. Okay. But I'm not-. AU: This application is in your district. So, yeah, I just like to hear what you have to say about it. ONO: I'm not immediately impacted by this proposal. I've got to admit I live just slightly above Kaumana Terrace. And couple of times in a year I do catch the traffic;and it's right below my Douse. So traffic is a problem. So with this addition I would suggest that traffic would be heavier coming down Kaumana. I've been retired for some 12 years now, so I'm kind of out of the loop,so to speak,regarding the traffic problem. I sleep through traffic and get tip after traffic starts. So I really can't respond to the concerns about traffic as it impacts me. But while 1 was working, I did have to leave much,much earlier to get to work. ISHIBASHI: Brother Chair? 48 2050 AU: Yes. ISHIBASHI: Just one comment,couple of comments. Yeah, sad state of affairs that we reached at this level when we cannot see eye to eye on the issue. But I think this was done improper from the beginning. We came in with the State approving this thing without even talking to the community. We respect our communities and what they have to say, and their process. And time and again the Commission has always relied on the community's input. And to circumvent that and allowing permits to go in place before that process takes place, that's why we're trying to correct that earlier today of putting in conditions where we meet with the community first before we even put up the signs and invite them out. So it's important that we get into that discussion and change that opportunity to allow more community input prior to allowing any type of permitting to take place. So it's a lesson learned. And, again,we're not one Kaumana Commission,that's not us, that's not us. We're not here for Kaumana, we're here for the island. We're here to work,recognize everything that goes in planning, in this County; and we're just taking care of the windward side. But we respect all communities. So we don't belong to Kaumana community. So I'll put that out straight. My main concern is the water. You know,water is very important. We're got to get the necessary water. So how we're going to limit the enrollment in the school based on water? I cannot even believe we've been doing something like that. We cannot limit participation in the school based on our allocation of water,that's not right. That's not how it's supposed to be. We're going to plan one development, let's do it right. Get the proper water that we need to complete the whole project. The traffic is one other thing. It's so close in and out with only one entrance, one exit, that's not right. We've got to think a little bit better when we're planning these things to have the proper entrance and exiting in these facilities. So we plan big and we plan proper, then we get the thing done right. Then we got to see this healing process take place. And we just thank you all for participating. It's important that you all participate in the process. Talking about the school, the school is great Curriculum is there. Any way we can reach our children and have them want to learn,that's what it is, want to learn,want to participate and learn and get educated,that's what it's all about. And Connections does that,it does provide that connection to the minds of our youth. So that's so important. So,again, thank you guys for being part of the process. AU: You know, I'm surprised that the DOE even approves catchments. You know, I live on a catchment system. I don't drink the catchment water. I drink bottled water and,you know, I treat my water good. I take real good care of it;but it takes a lot of time. You know. But on the same token, you know,up Mauna Kea they bring up water all the time. Okay,there are places out that people bring in potable water and it's safe to drink. But I'm just surprised that the DOE even allows that, at any school. I wouldn't want my child to be washing his hands at, let's say Connections, and that particular bathroom is not hooked up to the County water, and he's 49 2051 a 40 washing his hands and,you know,he's five years old and he gets thirsty and he drinks it. Okay, and right now we have all this flu stuff going around on the mainland. You know, I mean potable water,the difference between potable water and drinking water, it's very important to have a safe, safe water for our kids. So I'm very surprised that the DOE even allows that. Another thing that I want to talk about is, you know,what our Madam Director was saying, something went wrong from the start. And this is a,from this application we're going to move forward on. For any Charter School that comes in front of us,you know,this is not the way to do it,on both parties, community as well as the applicant. And I'd like Commissioner Gonzales to, if he could clarify in his motion what is the improper use of the land,just for the record, so we can state-. GONZALES: I think the use of the land is improper,No. 1, because there's no water, there's not enough water. You know,we have no idea how much we're going to need,how many kids we're going to have, so we can't really, you know, come to any kind of resolution on the water. Traffic, it's a bad use of the land because this is going to create too much traffic,not only Edita and Mele Manu but all up and down Kaurnana Drive. I mean only one exit in and out of the school, I'm not comfortable with that. If there's a fire,a medical emergency, what if the ambulance can't get up Kaumana Drive? I don't think it's the proper use of the land. You know, at some point,just a while ago, I don't even remember what Commissioner Moses said but someone has also deemed this is Rural land_ You know, again, we don't need a 400- student school in the middle of this rurallagricultural neighborhood. Clear enough? AU: Yes. GONZALES: Okay. AU: Okay, so the process that we're going take right now,we're not voting on this. Okay. We made a motion to deny and it was seconded. We went through a discussion. And now what is going to happen is our Planning Department and our Corporation Counsel is going to have to come up with Findings of Fact, Conclusions of Law;and they're going to report back to our Commission next meeting,if time allows us, and then we vote upon it. They're going to get together the information based off of the denial, and then we vote on it. TORIGOE: Okay, can I just add-? AU: Yeah,please take over. TORIGOE: Thank you, Mr. Chairman. This is based on.Rule 422 of the Planning Commission Rules, also Hawaii Revised Standards, Statutes, 91-11. Also, the proposed decision is going to be served on the parties, or actually on the school, on the applicant. And they will have an opportunity to file exceptions and to present argument to the Commission based on that also. And then you will be able to take your vote. So we'll have to set the timeframe for that,but I'll work with staff on that. so 2052 AU: Staff, can we get a timeframe now or it something that you guys have to work with after?. Just for our records, so we know. ARAI: Okay,the next meeting is February 7`h. Following that would he March the 7`h. So in order for us to prepare a draft Findings of Fact, Conclusion of Law and then allow for appropriate time for rebuttal by the parties, I'm wondering February 7`h might be prett tight. So my recommendation only, and if you all agree,would probably be to look at March 7 ,which would give us enough breathing room to prepare the draft findings and allow for the parties to rebut the findings. AU: Is the applicant prepared to possibly try and make the February meeting? Or do we have to, do you think there's time to meet the February meeting or do the March meeting, and consult with our Corporation Counsel to see if he can do it as well? GONZALES: Mr. Chairman, and can I throw this in there, too? You've only got two more meetings left. Correct? AU: Yes. Yes. GONZALES: If we replace him we may need to start this all over again. So keep that in mind. AU: From my understanding,the reason why we cannot vote on this today is because in the past two meetings, Commissioner Moses was not here at the last meeting and the meeting prior in November Commissioner Ishibashi was not here. So if we were all here we could vote on it. But because they weren't here what we need to do is we need to come up with the Findings and Fact and Conclusions of Law. Madam Director? LEITHEAD TODD: If I'm hearing you correctly,the concern is that all of the Commissioners may not have had an opportunity to fully review the minutes of the meetings that they missed; and, therefore,before they take a vote on the matter they need to review that and put that on the record that they have fully read the entire record. Is that correct? Is that what we're doing here? AU: Is that correct, Corporation Counsel? TORIGOE: Let me just read the rules. It says"Whenever Commission members who are to render the final decision have not heard and examined all of the evidence,the decision, if adverse to a party to the proceedings, shall not be made until a proposal for a decision containing a statement of reasons and including determination of each issue of fact or law necessary to the proposed decision," and this case it would be a denial, "has been served upon the parties, and an opportunity has been afforded to each party adversely affected to file exceptions and present argument to the Commission members who are to render the decision,who shall personally consider the whole record or such portions thereof as may be cited by the parties." So it seems like on the plain language of this rule,which mirrors the HRS, - and we know that there are a couple of Commissioners who have not been at all of the hearings here, and the denial would be adverse to the applicant- this decision shall not be made until there is a written proposal with findings of fact and conclusions of law served on the parties, and there is an opportunity to 51 2053 respond. AU: So, so we're going to go back, we're going to work on, Corporation Counsel and the Planning Department is going to work on the Findings of Fact and Conclusions of Law. We're going to give the applicant a chance to respond, and we're going to hear it at our next meeting, and we're going to vote for it,vote on the motion to deny the special permit. S. LEE LOY: I just want to clarify. I'm trusting that the conclusions,Findings of Fact and Conclusions of Law will be prepared within 30 days of this hearing,Mr. Torigoe? TORIGOE: Yeah that's what we're talking about. And I'll try to figure out what's an appropriate date for the next meeting, and, you know,whether we can get the proposed findings to the parties in time for them to make a response. AU: So that was my question to the applicant, are you prepared? And is our Planning Department prepared, and our Corporation Counsel prepared.? S. LEE LOY: From the applicant, CBESS,perspective I would request at least 45 days. The Attorney General's office,they have their own calendar. At minimum, you know,to.review and cite the various land use components and land use laws and regulations, at minimum, we would ask for 45 days. AU: Forty five days. Madam Director? LETI'HEAD TODD: I was going to say rather than specifically setting the March date, we'll see haw quickly we can get this out and served to the parties. So that if we're 45 days out from March 7b,which gives us two weeks, I think to draft something and get it out, sure,then we could do it in March. But there may be an issue with setting it for March if AG's calendar-. So what I would suggest is that you direct us to go and prep the Findings of Fact and Conclusions of Law,serve it on the pares, and then reach an agreement with the parties on what day it would came back on the calendar. S. LEE LOY: Mr. Torigoe,the applicant, CBESS,would be agreeable to those outlines with an opportunity to meet with the Planning Department and yourself, along with the AG's office,and Mr.Hong. TORIGOE: Okay,so at this point is the direction then for us to try and work out a draft and to get it to you guys and see if it's going to be,if you have time to respond before March? S. LEE LOY: That's correct. And maybe even going forward if we could have maybe like a scheduling conference so the various deadlines, where we could kind of collaborate on and with participation of the Attomey General's Office,that might be helpful. LEITHEAD TODD: I think the concern here is that,if I'm hearing things correctly, is the applicant probably wants sufficient time to be served the proposed Findings of Fact and 52 2054 10 Conclusions of Law, consult with their attorney,and give the attorney time to research and draft a response, and then serve it on the Commission in advance of our meeting. And that's why 30 days might not be enough of a turn-around because they need 30 days in order to file something in order to give the Commission time to read the objections or position of the AG before it's actually on our agenda. AU: Just information for the public, Commission Gonzales expressed his concern about doing this all over again. I'm on the Commission for two more months, February and Match. And if I was to be replaced,then we would have to get all the transcripts to the new Commissioner and the new Commissioner would have so much time, an"x" amount of time,to review all the information before the Commission can take a vote. Is that correct? TORIGOE: Yes, that's correct. GONZALES: I have a question. Now if Mr. Au isn't here when this comes back and it's still just the four of us, is that,that is enough for us to still vote? LEIHEAD TODD: If Mr.Torigoe can correct me if I'm wrong,but my understanding is if we get new Commissioners and they read the entire the record, the minutes, all of the documents, the testimony because we have pretty close to verbatim transcripts of these proceedings,they can vote on the matter, even though they may not have been here. All they have to do is certify on the record that they have read all of the pleadings, all of the testimony, all of the minutes in the case then they can vote. They're going to have a lot of reading to do. TORIGOE: That's correct. AU: Okay, so -. TORIGOE: So I guess it seems like we're in agreement that we'll work with the applicants and see if we can get the draft out to you; and you can consult with your attorneys in time to maybe put it on the March agenda, if that will work. THATCHER: From our perspective I'd have to consult with our attorney before agreeing to anything. Honestly, I'd rather have you do the vote right now. TORIGOE: Well, that's not really an option for us right now. So I think we can go ahead and try and work things out, and keep in touch with the Planning Staff and we'll bring it back on the agenda when it's practical. S. LEE LOY: Again, from our perspective, you know, any correspondence, again,timing schedules, conference schedules are, some type of briefing schedule that we can come up with which would identify specific dates and times for us to respond would be helpful. So, thank you, Mr.Torigoe. AU: So how is the community involved with this? The community is still going to be able to, 53 2055 this is all public information? LEITHEAD TODD: Once we come up with a proposed draft and serve it,then it's a public document. They can request a copy of it. THATCHER: So at this next meeting where this is discussed,will you be taking public testimony? LEITHEAD TODD: It's required to do public testimony for every meeting that we have. S. LEE LOY: And I'm interested to have clarified-. Mr. Torigoe, I know that the conclusions, the Findings of Fact, Conclusions of Law will be made public. But it would only be ourselves and the Attorney General's office that would be preparing rebuttals, correct? Not members of the public,correct? TORIGOE: That's correct. S. LEE LOY: 'Dank you. LEITHEAD TODD: However because it's going to be at a public meeting,members of the public can submit written testimony pertinent to the proposed Findings of Fact and Conclusions of Law. AU: Okay,so we're all good. Well, we're on the same page at least. Everybody understands? Are we okay? S.LEE LOY: Yes. THATCHER: Yes. AU: Okay. The discussion ended at 4:20 p.m. Respectfully submitted, Sharon M. Nomura, Secretary Windward Planning Commission 54 2056 p1�r op �ap County of Hawaii WINDWARD PLANNWG CON9IIySSION Aupuoi Center* 10]Pmahi Sheet,Suite 3 . Blo,Hawaii 96720 Pbone(808)961-8288 + Fox(908)961-8742 AN 2 4 ZOi3 Monica Morris,Esq. Ted H.S.Hong,Esq. Office of the Attorney General P.O.Box 4217 425 Queen Street Hilo,HI 96720 Honolulu,HI 96813 Dear Ms.Morris and Mr.Dong: Special Permit Application(SPP 12-000138) Applicant: Connections New Century Public Chatter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Donn Facilities, Intergenerational Programs,a Sustainable Agriculture Program and a Fox*&WConsary Non Program Tax Map Ke: 2-5-006:141. The Windward Planning Commission,at its January 10,2013 meeting,made a motion to deny the subject Special Permit application and directed its staff to prepare draft Findings of Fact,Conclusions of Law, and Decision and Order("Ordeefor its consideration at its meeting to be held on March 7,2013,where the motion to deny will be addressed. Once prepared,the draft Order will be.provided to the Applicant with an opportunity for the filing of exceptions and presentation of argument to the Commission. The Commission requested that the time frame for the submittal of these documents be worked out between the Planning Department and the Applicant. Pursuant to Commission Rule 44(b),the Chairman or other presiding officer may hold conferences and make determinations as necessary to fix the schedule for these matters. If you have questions concerning this matter,please contact Daryn Arai of the Planning Department at (808)961-8142. Sincerely, Dean Au,Chairman Pro Tem Windward Planniag Commission I.oanneotions0l wpe cc: Ivan Torigoe,Esq. WilliamBrilhante,Esq, Hawal`t County is an Equal Opportunity Provider and Employer 2057 l. B1 Lelthead Todd ` 1+l►ilHam P.Kenoi '•' Mayor Olre[tor Margaret K.Masunaga Deputy •N West Hawal4 Offloe East Hawal'I OfffoP 74-SOU Ana Keahokalale Hwy • 101 Pauahi Street,Suite 3 Kallua-Kona,Hawall 46740 County of Hawa1 x H11o,Hawal'i 96720 Phone(BOB)323-4779 PLANNING DEPARTMENT Ph0M(808)961-8288 Fax(908)327-3563 Fax(809)961-8742 February 15,2013 Dear Surrounding Property Owner: Special Permit Application(SPP 12-000138) Applicant, Connections New Century Public Charter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Dorm Facilities, Intergenerational Programs,a Sustainable Agriculture Program and a ForestrylConsetvation Program Tax M@p Key: -5-006:141 This is to inform you that the above Special Permit is scheduled for a continued public hearing by the Windward Planning Commission(the"Planning Commission"). Said hearing, among others,will be held beghming at 9:30 a.m. on Tlnmday,March 7,2013,in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street,Hilo. IdawaN. A copy of the public notice is attached for your information. A motion to deny the Special Permit application is pending. You are invited to comment on the application at the hearing or submit written comments prior to the hearing. Written comments (original and nine copies) will be appreciated at least one week prior to the hearing date in the Planning Department. It bas come to the Planning Commission's attention that,contrary to prior understanding,kftTested persons should be given opportunity to request im vention as parties in this case. Should you wish to intervene as a party to a contested case hearing before the Planning Commission,you are required to file a completed"PETMON FOR STANDING IN A CONTESTED CASE HEARING"(See Appendix A)by February 28,20I3 with the Planning Commission at Aupuni Center, 101 Pauahi Street,Suite 3,FRI% Hawai'i 96720,accompanied by a tiling fee of$200 payable to the Director of Finance. Any Ply may retain counsel if that person so desires. Requesting intervention is generally considered aprexequisite.for claiming standing to Participate in an appeal to Circuit Court on any final decision on this case. Should you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, ki LEYAD TODD Planning Director Att, cc: Ms.Monica Morris, Esq. Ted Hong,Esq, Connections New Century Public Charter School FEB r e � www.cohplaQningdeRt.com HawaI7 County is an Equal opparlunfty Provider and Employer a 1•anningeca.fiawaii.hLus 2058 4 4%J PEIM EQR STANDINGIN CONTESTED CASE HEAE G (Page I of 2) NAME: ADDRESS: 1. STATUS OF PETITIONER A, Is your interest in this matter clearly distinguishable from that of the general public? Yes_.__ No— If the answer is "yes", please explain: If the answer is "no", please explain how the proposed action will nevertheless cause you actual or threatened injury: H. Are you a governutont agency whose jurisdiction includes the land involved in the subject request? Yes— No If the answer is "yes", please explain the nature of flys agency's jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? Yes—, No— If the answer is "yes", please explain, APPENDIX A 2059 PE=ON WILMOM IN COMSM CASE HE (Page 2 of 2) D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands prior to 1778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural, or religious purposes? Yes — Na— If the answer is "yes", please submit any genealogical evidence,and historical evidence showing the exercise of those rights to support the statement. PETITIONER'S SIGNATURE STATE OF HAWAII ) SS. COUNTY OF HAWAII } On this day of , 14 , before me personally appeared , to me ]mown to be the person described in and who executed the foregoing instrument, and ackrtowledged that he executed the same as his free act and deed. Notary Public, State of Hawaii My commission expires: APPENDIX A 2060 A Bend along llns to i AVEWO 5tsoe Use Av6rydb'ilzmpEate 5160 Paper expose PoWup Edge" �1 TMK(3)2-5-061.046 TMK(3)2-5-061:107,106,X05,104,103,102 TMK(3)2-5-061:049 Kip Masao&Valerie Kanahele Brilhante-Hawaii,Inc. Joel&Elizabeth Truesdell 1520 Mele Manu Street 1342 Kilauea Avenue 250 Kristiano Street Hilo, Hawaii 96720 Hila, Hawaii 96720 Hilo,Hawaii 96720 TMK(3)2-5-061:048 TMK(3)2-5-061:047 TMK(3)2-5-061:068 Robert&Celeste Santor Lee&Adriann Wilson Larry Kimura 1540 Melel Manu Street 1536 Mele Manu Street 243 Mikala Street Hilo, Hawaii 96720 Hilo,Hawaii 96720 Hilo,Hawaii 96720 TMK(3)2-5-062:069 TM((3)2-5-061:070 TMK(3)2-5-061:071 Glenn &Gall Ogawa Michael, Pam, Lee Botelho Trust Raymond Yamane 1495 Mele Manu Street 1.485 Mele Manu Street 1473 Mele Manu Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061:072 TM K(3)2-5-061:073 TM K(3)2-5-061:026 Gary& Rochelle Yamashita Erwin&Julie lida Lester5akamoto 1457 Mele Manu Street 1449 Mele Manu Street 1439 Mele Manu Street Hilo, Hawaii 96720 Hilo,Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061:025 TMK(3)2-5-061:024 TM K(3)2-5-061:016 Michael&Claudia Ignacio Jan&Patti Tokuuke Eric&Barbara Shozuya 1411 Mele Manu Street 1395 Mele Manu Street 1380 Mele Manu Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061:015 HHL Melemanu LLC TMK(3)2-5-061:008 TMK(3)2-5-061:009 c/o Dana Kenny Melvin&Jan Yokota Wayne&Amy Kanemoto Hawaiian Island Homes 1358 A Mele Manu Street 1358 B Mele Manu Street 162 Kinoole Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo,Hawall 96720 TMK(3)2-5-061:007 7MK(3)2-5-061:006 TMK(3)2-5-061:005 Bryan Hiroakl Family Sugiyama John&Gall Kimura Kelly Leong&Alyson Kakugawa Trust 72 Pa(ua Loop 1300 Mele Manu Street 1290 Mele Manu Street Hilo, Hawaii 96720 Hilo,Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061:444 TMK(3)2-5-011.011 wata"'Hirano TMK(3)2-5-061:080 Nancy/Masaru Nagai Trust Phyllis Sano Naomi H'+sana-0m110Trust County of Hawaii Nancy Nagai Shine Hirano 25 Aupuni Street 1035 Kaumana Drive 235FdrastrW Hilo,Hawaii 96720 Hilo Hawaii 96720 Hilo,Hawall 96720 TMK(3)2-S-011:012 TMK(3)2-5-011:013 TMK(3)2-5-011:014 Carroll and Donnie Faye Cling Joseph and Kahiolani Papalimu Norma and Arnold Fergerstrom 1045 Kaumana Drive 1053 Kaumana Drive 1065 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo,Hawaii 96720 TMK(3)2-5-011:015 TMK(3)2-5-011:016 TMK(3)2-5-011:027 Ronald and Loretta Crivello Mark and Melissa Sato Arnold Fergerstrom Trust 1073 Kaumana Drive post Office Box 529 20 Wawai Loop Hilo, Hawaii 96720 Kaneohe, Hawaii 96720 Hilo, Hawaii 96720 :tlquettes ladles A peler ; A Replie=d la hachure aHn de ; wwwAvery com 2061 JtJiisez le ciabar�itAVERY(I57600 I ,Sens de &~,Vy I WWI— &MIJC77 • Bond along line to i !�� AVWWdD 5760 0 i Use AveYy®Template 5160® _° Paper expose Pop-np Edge- Ai t 1 TMK(3)2-5-011:019 TMK(3)2-5-011:018 Thomas Spencer Trust TMK(3)2-5-011:020 John Howard Rushlow New Tan Spencer Decd Aiko and Cyrus Wilson 1147 Kaumana Drive 1110 Kaumana Drive 1090 A Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 95720 Hilo, Hawaii 96720 TMK(3)2-5-011:021,022 and 043 TMK(3)2-5-011:009 TMK(3)2-5-011:038 and 039 Correa Family Trust Christopher Grave Hardenbrook John Carvalho c/o Barbara Brickwood-Correa Leslie Elizabeth Sears 1131 Kaumana Drive 1068 B, Kaumana Drive 1013 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TiMK(312-5-011:010 Theodore sasamura Janet sasamura TMK(3)2-5-011:023 TMK(3)2-5-011:024 Sandra Leong Clifford and Linda Zane Matthias Kusch CralgSasamura 553 Hiiiei Place post Office Box 166 1023 Kaumana Drive Hilo,Hawal96720 Wailuku, Hawaii 96793 Pepeekeo, Hawaii 96783 TMK(3)2-5-011:025 TMK(3)2-5-011:044 TMK(3)2-5-011:048 William Phillips,Drenna Sweet-Phillips Sharon and Owen Nakano Steve and Krystn Hinck 1036 Kaumana Drive 1005 Kaumana Drive 4646 Fort Davis Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Simi Valley,CA 93063 TMK(3)2-5-011:050 TMK(3)2-5-027:021 TMK(3)2-5-027:001 Jo Ann Arruda Turst Caravaft Family Trust Edith Mitsunaga Trust 993 C Kaumana Drive Post Office Box 2463 3572 Nipo Street Hilo, Hawaii 96720 Kailua-Kona, Hawaii 96740 Honolulu, Hawaii 96822 TMK(3)2-5-027:002 TMK(3)2-5-027:058,059,060,061,062, Fujie Yamamoto Trust TMK(3)2-5-027:003 063,064,065,0671 0 �+ c/o Yamamoto,Else CO-TTEE Randal Okutsu Trust Edith Mitsunaga Trust 1245 Kaumana Drive 1876 Hale O Kea Street 3572 Nipo Street Hilo, Hawiai 96720 Hilo, Hawaii 96720 Honolulu, Hawaii 96822 TMK(3)2-5-027:024 'FMK(3)2-5-027:025 TMK(3)2-5-027:026 Katsuko Otani Trust Jean Otani and Jean Otani Trust Dean and Else Ushijima 1215 Kaumana Drive 1215 B Kaumana Drive 1215 Kaumana Drive Apt,C Hilo, Hawaii 96720 Hilo,Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-027:027 TMK(3)2-5-027:068 TMK(3)2-5-027:069 Rodeny and Susan Segawa Royce and Jane Ebesu Janey Ebesu Trust 1215 D. Kaumana Drive 1215 G.Kaumana Drive 1215 G.Kaumana Drive Hilo, Hawaii 95720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-027:070 TMK(3)2-5-027:045 TMK(3)2-5-027:046 Rodney and Susan Segawa Sandra Sato Edward and Caroline Hasegawa 1215 D. Kaumana Drive 1213 A.Kaumana Drive 250 N.Judd Street Hila, Hawaii 96720 Hilo, Hawaii 96720 Honolulu, Hawaii 96817 TMK(3)2-5-027:043 TMK(3)2-5-027:044 7MK(3)2-5-027:045 Catalina Perez Henry and Norine Okuhara lason'and Jennifer Turner 1209 A.Kaumana Drive Past Office Bax 945 1209 C.Kaumana Drive Hila, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 :tiquettes fables u peler Repliez a la hachure afin de ; www-avery.com 2062 'I lisez le oabarit AVFRYO S 16UL Sens de cosy rX-eerID tram sane along tine to AVERY(g) 51600 i Use Avery Template 5761? d Papel 'mss expose Pop-up Edger'" � � TMK(3)2-5-027:053 TMK(3)2-5-027:054 TMK(3)2-5-027:055 Karl Tsuchiya Paul and Shawn Paiva Garret Komatsu 823 Kaumana Drive 1169 Kaumana Drive 1155 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-027:056 Tatsuo Inouye Trust TMK(3)2-5-027:047 TMK(3)2-5-027:057,007 June Inouye Trust Melvin and Kiyono Goya Bryson and Lorna Kuwahara 2230 Apoepoe Street 1170 Kaumana Drive 1142 Kaumana Drive Pearl City, Hawaii 96782 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-027:008 Mary lane Oliveira TMK(3)2-5-027:009 TMK(3)2-5-027:042 Manuel Oliveira iII Manual Oliveira Jr. Michiko Yahata David and Lauri Mottos 1150 Kaumana Drive 98-459 Hoono Street Post Office Box 5599 Hilo,Hawaii 96720 Pearl City, Hawaii 96782 Milo, Hawaii 96721 TMK(3)2-5-027:052 Ezekiel Harvey Luiz Trust TMK(3)2-5-027:034 TMK(3)2-5-027:035 Noreen Mai Luiz Trust Bryce and Sharyl Nakamura Paulette Roialedo Trust Post Office Box 1166 Post Office Box 294 1260 Kaumana Drive Hilo, Hawaii 96720 Captain Cook, Hawaii 96704 Hilo, Hawaii 96720 TMK(3)2-5-027:036 TMK(3)2-5-027:014 TMK(3)2-5-027:040 Perreira Family 2008 Trust Miyoko M. Hoshide Hajime&Aileen Shin{o 1266 Kaumana Drive 1280 Kaumana Drive 1272 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMiIl9)2-5.027:039 Fuawa TMK(3)2-5-027:037 TMK(3)2-5-027:038 - Tamm Fujkawra Ryan&Aimee Kaneko Jan Yokoyama Res ` >3 Curtis Fujisawa 1294 Kaumana Drive 1300 Kaumana Drive Minerva Fupsawa Hilo Hawaii 96720 Hilo, Hawaii 96720 10%Hawaii 96720na e Hilo,Hawall 9672A TMK(3)2-5-027:023 TMK(3)2-5-027:016 TMK(3)2-5-027:041 Tsuruyo Nakamoto Trust James Otani Russell&Lorraine Matsu 1348 Kaumana Drive 1360 Kaumana Drive 1352 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo,Hawaii 96720 TMK(3)2-5-027:020 TMK(3)2-5-027:013 TMK(3)2-5-027:032 Hiroshi Shizoho Ota Trust Ste Engineering,Inc / c/o Masutani MK Leandro&Wand Quiocho 6 Pokole Way 1222-A Kaumana Drive Hilo, Hawaii 96720 545 Kaaahi StreetHonolulu,Hawaii 96817 Hilo, Hawaii 96720 TMK(3)2-5-027:076 and 081 TMK(3)2-5-027:012,072,077,078 TMK(3)2-5-027:073 and 079 Kyle Chock Trust Laura Y Chock Trust Theone Keam Yung Chock 1100 Launa Street 555 Naniakea Street 1051 Hoomalkai Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Honolulu, Hawaii 96817 TM K(3)2-5-027:030 TMK(3)2-5-027:010 TM K(3)2-5-027;011 Wesley and Sandra Takai Kerry Keith Long Wesley and Sandra Takai 1222 E. Kaumana Drive Post Office Box 1481 1222 E.Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 Nquettes faciies h peter ] A Replies a is hachure afrn de ; vwwwlr avery corn 2063 1 itirieos in nasso.r4 &%Icpv®r ian@ 1 .Sons de -y..:,--I- w-- ....... Ureal-LaDels w Bend alongline to �/�` AS O 5960® 1 Use Avery(b Template 5960 � per �� d Paexpose Pop-Up EdgeTN r • TMK(3)2-5-027:074 and 080 TMK(3)2-5-027:028 and 022 Lorrin S.K.Chock Trust TMK(3)2-5-027:033 John and Pamela Thatcher Naomi Takemoto-Chock Trust Carole and Mark Abril 1188 Kaumana Drive 1978 Komohana EA. 1222 B. Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo,Hawaii 96720 TMK(3)2-5-040:009 TMK(3)2-5-040:011 TMK(3)2-5440:010 Noriaki Otani,Fulie Otani Doreen and Tara Leao Kelli Jennifer Lelhua Tornota Brad Otani,Max Otani Sha1503 Kaumana148 Drive 98 Kulaloa Road wnPaWa 1489 Kaumana give Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo,Hawaii 96720 T1'AK(3)2-5-040:008 Ellen Etsuko Hirayama,Ellen Setsuko Hlrayarna TMK(3)2-5-040:007 TMK(3)2-5-040:006 Klmiko Kitamura,Susan Kitamura Frances and Richard Oldfield Jewels and Mark Aimelda Tadayuki Kitamura,Wayne Kitamura 1479 Kaumana Drive 1473 Kaurnana Drive 561 AIN Place Hilo,Hawaii 96720 Hilo,Hawaii 96720 Kailua, Hawaii 96734 TMK(3)2-5-040:036 TMK(3)2-5-040:005 Brenda Hennessey Chiseko Yoshimura TMK(3)2-5-040:035 Melissa Johnson GaryYoshirnura David Hasegawa 1447 Kaumana Drive 1441 Kaumana Drive 250 N.Judd Street Hilo, Hawaii 96720 Hilo,Hawaii 96720 Honolulu,Hawaii 96817 TM K(3)2-5-040:004 TM K(3)2-5-040:003 TM K(3)2-5-040:002 Anne Tiogangco Calvin Enoki George Kaitoku Jordan Tiogangco 5andra Sayama-Enoki Joyce Kaitoku 1391 Kaumana Drive 1381 Kaumana Drive 1375 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo,Hawaii 96720 TMK(3)2-5-040 001 TMK(3)2-5-040A40 pain obbero Sean Oblero TMK{3)2-5-040:039 Matthew Hinez HenryRezentes Bryson Toma Post Office Box 4305 Raquel Rezentes 1374 Kaumana Drive ve Hilo, Hawaii 96720 1367 Kaumana 720 Hilo,Hawaii 46720 Hilo,Hawaii 96720 TMK(3)2-5-040:014 TMK(3)2-5-040:041 TMK(3)2-5-040:015 Byron Fujimoto James Shaver Richard Lee-Ching Trust Shirley lwase 1027 Kagawa Street 1468 Kaumana Drive 142 Puhili Street Pacific Palisades, California 90272 Hilo, Hawaii 96720 Hilo,Hawaii 96720 TMK(3)2-5-040:019 TMK(3)2-5-040:018 and 042 TMK(3)2-5-040.01.3 Marc Butz Martha and Francis Rodillas Karen and Lloyd Rubio Desiree Giangregorio 50 Akala Road 226 Akala Road 55 Aka la Road Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo,Hawaii 96720 TMK(3'2-5-040:019 TMK(3)2-5-040:013 Marc Butz TMK(3)2-5-040:020 Karen and Lloyd Rubio Desiree Giangregorio Shawn and Jeanie Flood 226 Akala Road 55 Akala Road 1600 Kaumana Drive Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-014:005 TMK(3)2-5-040:013 TMK(3)2-5-014:001 Glenn Kearns Trust Albert Chong Wallace Chong Trust Virginia Kearns Trust Sharon Chong 788 Haihai Street 33 W Naauao Street 1476 Kikiaha Street Hilo, Hawaii 96720 Hilo, Hawall 96720 Hilo, Hawaii 96720 tt)quettes faciles b peter A Aepliez A la hachure atn de www.avery com UtilicsJ IP ehAriaEVFtY®R1tfO -Sensda .5..a,. "- 4.-.a a-.._u 2064 -. y . _. .. -- - Deno along Ma do Use AVOrYs Ternplate 51600 Feed Paper ■� expose Pop-up EdgeTM 40 51600 Aw j TMK(3)2-5-006-061 TMK(3)2-5-006-003 TMK(3)2-5-006-052 Kidds Development State of Hawaii-DLNR Wesley and Phyllis Segawa c/o James Pappas 75 Aupuni Street 19 Puuko Street 616 Moaniala Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Honolulu, Hawaii 96821 TMK(3)2-5-006-160 TMK(3)2-5-006-151 TMK(3)2-5-061-033 Brilhante-Hawaii,Inc. Marilyn J. Pappas Trust Randell A. Riley 1342 Kilauea Avenue 616 Moanlala Street 282 Edita Street Hilo, Hawaii 96720 Honolulu, Hawaii 96821 Hilo,Hawaii 96720 TM K(3)2-5-061-032 TM K(3)2-5-061-031 TMK(3)2-5-061-029 Rosanne-Joy Cana Bataila Lorna and Neil Yamashiro Alan and Patsy Iwasaki 272 Edita Street 50 Manulele Street 232 Edita Street Hilo, Hawaii 96720 Hilo,Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061-001 TMK(3)2-5-061-028 Jeffrey Kalanl Gomes TMK(3)2-5-067.-002 Ivan S. Mochida Trust Wendy Keiko Gomes Glenn and Karyn Tada 77 Ku kila Street 281 Edita Street 259 Edita Street Hilo, Hawaii 96720 Hilo,Hawaii 96720 Hilo, Hawil 96720 TMK(3)2-5-061-003 TMK(3)2-5-061-012 TMK(3)2-5-067.:011 Ernest A.Sakamoto Trust Chun Y Akamine,Trust Lorrin T and Margareta Araujo 1416 Pu'u Ale Place 1360-0 Mele Manu Street 1358-0 Mele Manu Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TMK(3)2-5-061:010 TMK(3)2-5-061:013 TMK(3)2-5-061:014 Aileen and Sidney Fuke Douglas Shiro Bevington Family Trust 1358 C. Mele Manu Street 1360 C. Mele Manu Street 1360 Mele Manu Street##13 Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaiii 96720 TMK(3)2-5-061:017 TMK(3)2-5-061:018 TMK(3)2-5-061:019 Brenda and David Cam acho Nelson Nishimoto&Patty Kiyoko Allen and Layne Novak 1414 A Mele Manu Street 1414 Mele Manu Street,Apt B 1414 C Mele Manu Street Hilo, Hawaii 96720 Hilo,Hawaii 96720 lido,Hawaii 96720 TMK(3)2-5-061:020 TMK(3)2-5-061:021 TMK(3)2-5-061:030 Eiain Ludoff,Steve and Patricia Wilhelm Brice and Christine Takata Mark Chun&Marianne Takamiya 141.6 C.Melel Manu Street c/o 777 Ainako Avenue 2S0 Edita Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TM K(3)2-5-061:022 TM K(3)2-5-061:041 TM K(3)2-5-061:042 Markus Herzog 2010 Trust Trust Mok Noemi and Rudy Arzaga Post Office Box 5915 1464 Mele Manu Street 1468 Mele Manu Street Hilo, Hawaii 96720 Hilo, Hawaii 96720 Hilo, Hawaii 96720 TM K(3)2-5-061:043 TM K(3)2-5-061:044 TM K(3)2-5-061:045 Daniel Robert Hudak Franklin &Virginia Veriato Gary&Jacqueline Mural 1468 Mele Manu Street 1500 Mele Manu Street 299 A. Alu Road Hilo, Hawaii 96720 Hilo, Hawaii 96720 Wailuku, Hawaii 96793 ttiquettes fables A peler i �A Repilez A la hachure afin de ( ww►w everycom 206 Utlltsex le gabarlt AVERY 5150 .�,�sl�1..��-.^+°^�,•� " ~' -' William P.Kenoi :'•'�"� B7 laidiead Todd Iva" %� D6•e ar Margaret K.Masuoaga Dq-iy o! West Hawai.4 office East Hawed4 Office ' -�Ha� 96740 County of Hawaili 1�!fb;'>��9 72o Phone(848)323-4770 Phone(808)961-8288 fax(808)327-3563 PLANNING DEPARTMENT Fax(848)961-8742 February 15,2013 Monica Monis,Esq. Ted H. S. Hong,Esq. Office of the Attorney General P.O. Box 4217 425 Queen Street Hilo,HI 96720 Honoluba,HI 96813 Dear Ms.Moiris and Mr. Hong: Special Permit Application(SPP 12-000138) Applicant: Connections New Century Public Chatter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Dorm Facilities, Intergenerational Programs, a Sustainable Agriculture Program and a Forestry/Conseivatian Program Tax Map Key: 2-X6:141 The continued hearing on the above special permit,among others,is scheduled for 9:30 a.m.on Thursday,March 7,2013,in the County ofHawai`i Aupuni Center Conference Room, 101 Pauahi Street,Hilo,Hawaii Your presence or the presence of an authorized reprem tative will be appreciated in order that all questions relative to the request may be clarified. A copy of the public notice is attachad for your idwmation. The Planning Department will be notifying sumounding property owners of the continued hearing that will also provide an opporhmity to intervene as a party to a contested case hearing before the Planning C omission in accordance with Planning Commission Rule No.4 regarding Contested Case Procedure. Should you have any questions:regarding the aboae,please do not hesitate to contact Jeff Darrow of this department at 961-8288,ext. 9158. Sincerely, -C<a Al LEI EAD TODD L/Planning Director Att. ce; Connections New Century Public Charter School & CBESS Amy Self, Esq. FES 15 2013 0 1 nS HawallCountvisan4ttalCp;wnsmitybvviderandEmployar ivne(acalFeuaii.hi.us 20( y NOTICE OF PUBLIC MEETING AND HEARINGS WINDWARD PLANNING COMMISSION COUNTY OF HAWAII NOTICE IS HEREBY GIVEN of the following matters to be considered by the Windward Planning Commission of the County of Hawaii in accordance with the provisions of Chapters 91 and 92, Hawaii Revised Statutes, Section 6-7.5(a)of the Charter of the County of Hawaii, and the Planning Commission's Rules of Practice and Procedure. DATE: Thursday,March 7, 2013 TIME: 9:00 a.m. PLACE: County of Hawaii Aupuni Center Conference Room 101 Pauahi Street,Hilo,HI 96720 STATEMENTS FROM THE PUBLIC—Note that statements from the public regarding any particular item on this agenda will be taken at the time the Particular item is called to order. NEW BASS— 9:00 a.m. 1. APPLICANT: ROBERT ANIS RUBY KOBAYASHI(Amend SFP 1194) Request to amend Condition No.2 (life of permit)of Special Permit No. 1194,which was approved by the Plarming Commission on January 17,2003 to allow the establishment of an auto repair shop on approximately 3,500 square feet of land within the State Land Use Agricultural District. The property is located at the northwest corner of the Keaau-Pahoa Road(Highway 130)and Ilima Street intersection, Orchidland Estates Subdivision,Keaau, Puna,Hawaii,TMK: 1-6-9:166. UNFINISHED BUSINESS—9:30 a.m. 2. APPLICANT: JAS W.GLOVER,LTD. (SPP 12-145) Continued hearing on an application for a Special Permit to allow the estabhshmeot of a new quarry site on approximately 10.15 acres within a 140.368-acre property situated within the State Land Use Agricultural District. The project site is located east of the Hawaii National Guard Site and Hilo International Airport and approximately 3,800 feet west of the County's Sewer Treatment Plant Site at Honohono-nui, South Hilo, Hawaii, TMX: 2-1-13:Portion of 4. 3. APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL ICBESS (SPP 12-138) Continued hearing on an application for a Special Pem- t to develop a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District, The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo,Hawaii, TMK: 2.5-006:141. 2067 The Commission anticipates convening an executive meeting regarding the above matter, pursuant to Section 92-5(a)(4),Hawaii Revised Statutes,for the purpose of consulting with the Commission's attorney on questions and issues pertaining to the Commission's powers, duties,privileges,immunities, and liabilities. A 213 vote pursuant to Hawaii Revised Statutes, Section 92-4 and Planning Commission Rule 1-5(e)is necessary to hold an executive meeting. NnN-UTES Approval of Minutes of the January 10,2013 meeting ADMINISTRATIVE MATTERS 1. Status of applications heard by Windward Planning Commission that are pending before County Council. 2. The Commission anticipates convening an executive meeting regarding agenda Item No.3, pursuant to Section 92-5(a)(4),Hawaii Revised Statutes,for the purpose of consulting with the Commission's attorney on questions and issues pertaining to the Commission's powers, duties,privileges, immunities, and liabilities. A 213 vote pursuant to Hawaii Revised Statutes, Section 92.4 and Planning Commission Rule 1-5(e)is necessary to hold an executive meeting. ANNOUNCEMENTS ADJOURNMENT The purpose of the public hearings is to afford all interested persons a reasonable opportunity to be heard on the above matters. Submitting Testimony According to Rule 1 (General Rules)of the Planning Commission, a person desiring to submit oral or written testimony shall indicate her/his name, residence address;and whether the testimony is on her/his behalf or as a representative of an organization or individual. If testimony is being submitted on behalf of an organization, documentation showing membership ratification should accompany the testimony. Written testimony shall be submitted with an original and nine copies prior to testifying. The Commission would appreciate timely submittal to the Planning Department at least one week prior to the hearing date to allow for mailing and thorough Commission review. Testimony that is irrelevant or unduly repetitious may be limited by the Chairperson pursuant to Rule 1. Pursuant to Rule 4, Contested Case Procedure, of the County of Hawaii Planning Commission Rules of Practice and Procedure, any person seeking to intervene as a party to a contested case hearing on Agenda Item Nos. 1 & 3 above is required to file a written request which must be received in the office of the Planning Department no later than seven(7) calendar days prior to the Planning Commission's first public meeting on the matter. Such written request shall be in conformity with Rule 4,in a form as provided by the Planning Department entitled "Petition for Standing in a Contested Case Hearing." The written petition/request shall be filed with the Planning Commission at Aupuni Center, 101 Pauabi Street,Suite 3,Hilo, Hawai`i 2 2068 96720, and accompanied by a filing fee of$200 payable to the Director of Finance. Any party may retain counsel if that person so desires. Rule 4 maybe inspected or purchased($2.50)at the above-cited location. Rule 4 may also be viewed at the County of Hawai'i website a=://www.co.Hawaii.hi.-us). Anyone who requires an auxiliary aid or service,other reasonable modification,or language interpretation to access this meeting please contact Sharon Nomura(961-8155)or Daryn Arai(961-8142)of the Planning Department as soon as possible,but no later than five days prior to the meeting date,to arrange for accommodations. "Other reasonable modification"refers to communication methods or devices for people with disabilities who are mentally and/or physically challenged. Hawal'i County is an Equal Opportunity Provider and Employer. WINDWARD PLANNING COMMISSION DEAN AU, Chairperson (Hawaii Tribune Herald: Thursday, February 21, 2012) (West Hawaii Today: Thursday,February 21, 2012) 3 2069 = � Ted H.S. Honk Attorney at Law %r '";. Employment,WorhpraceLaw aLd Wllarr - - %•� ~'M, Yah Sue Lee Loy Planner and Legal Assistant r ' Fe 19,2013 ., ry E�= J The Honorable Deau Au Chairman :/l�1�•f41i rl ti's J Windward Planning Commission County of Hawaii Planning Department 101 Pauahi Street,Suite 3 Hilo,Hawaii 96720 RE: SPECIAL PERMIT APPLICATION(SPP 12-000138) Applicant: Connection New Century Public Charier School and Community Based Education Support Services(CBESS) s` Request: To Develop a K to 12 Charter School Campus with Dorm Facilities, Intergenerational ►<' �y ..'r. Programs,a Sustainable Agriculture Program and a Forestry/Conservation Program i Tax Map Key: (3)2-5-006:141 Dear Chairman Au, At its January 10,2013,members of the Windward Planning Commission voted to deny the above application and await counsel for the Windward Planning Commission to prepare Findings of Fact ("FOF"),Conclusions of Law("COL")and a Decision and Order{"D&O"}. On January 25, 2013 the Planning Department transmitted to our office the Planning Department Record of SPP 12-000 l38. '-� While researching information on the preparation of our Exceptions to the FOF,COF and the D&O new information emerged that there were some procedural errors which included inaccurate instructions related to 1)the ability for parties to request a contested case,2)the ability to intervene at the State Land Use and 3) improper notification related to a contested case process at the Planning Commission level and the State Land Use level creating a significant due process violation. Our office has communicated these concerns to the Planning Department and based on this,parties have rr..; �l, fj��,;,4•ty� agreed to suspend the preparation of the FOF,COF and D&O to raise these issues before the Windward Planning Commission at its March 7,2013 meeting to state our positions and proposed courses of action. Sincerely, H.S. Hong, q. C: Deputy Attorney General Monica T.Morris,Esq. ',-3 - T, The Honorable Bobby Jean Leithead Todd Planning Director Ivan Torigoe,Esq.,County of Hawaii Corporation Counsel Amy Self,Esq.,County of Hawaii Corporation Counsel CBESS P.O. Sox 4217 Cillo, Hawal'l 96720 Phone: (808) 960-5156 E-mail. ted0tedhonglau Z070 r a tip i .cr 4tYi' .z F F Comity:of Hawa�t �i- ' %9NDWARI)PL GYCOMII+lISSION•` Augmj Gex►tta. I"OI RauetuSfireSutta 3 •� Hila H Vfid'1:96720 + ;!'hona(808),9&l 8288 • Fait{8U8) _j742:% February 28; 2013 Ted H S.Hong,Esq. P:- .,Boit 4217. :. Hilo;HI 96720': Dear MV_Hong: Specie[Perlriit:Application;(SPp 12400.138). .6: Applicant:. Conne,66ns•New Century Public._Caver SC.hool.and Community Based•EducafiOn Support Services:(CBESS) Request: , To Develop a It to 12 Charter School Campus with Dorm Facilities, Ir ergene3ational Programs; a S�sWnable A_gdculture Pzogram and a ForestrylConsei vation Program ThankjTi r.-your dated Febntary 19,2013. Thk will cent nl that I have concurred,as Chaim= of the Comi mssion and Presiding,Officer;.in the parties' agreement to suspend pMaration ofthe proposed-Findings-of Fact,Conclusions of Law, and DecWon and Order pending further discussion of procedural issues at the next`Cossion.hearfng. Also,please note ihat•youdetter stated that the Commission had`voted to deny"the subject application. That wv6 probably a t)3 ographidal enr r;.for the,Commission did not`vote to deny"but does have pending a motion to dewy which has been seconded and continued Thank you for your cooperation. Sincerely, Dean Au,Chairmarl Windward Pianniag Commission cc: Monica T.Morris, Esq.,Deputy Attorney General .The Honorable Bobby Jean Leithead-Todd,Planning Director Ivan Torigoe,Esq.,Deputy Corporation Counsel Amy Self,Esq.;Deputy Corporation Counsel CBESS Hawaii County is an Equal Opportunity Provider and Employer c E 2071 I 4~ roar■y' - ., :i NEIL ABERCROMBIE �',F' m it [,`I;+pp�piMIrLOUIE NO GOVERRVITT VIE ML RUSSELL A.SUZUKI STATE OF HAWAII MMOEPMATTORNEVGENERAL DEPARTMENT OF THE ATTORNEY GENERAL EDUCATION DPASION 236 SOUTNBERETANIASTAEK LEIOPAPAA KoLme MEm Burwm HoNomu,HAWM 86813 Telephone:(BOB]586.1255 Facsimile:(MB)586-1488 March 1,2013 VIA FACSIMILE AND U.S.MAIL The Honorable Dean Au,Chairman Windward Planning Commission,County of Hawaii 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 RE: SPECIAL PERMIT APPLICATION (SPP 1 -000138) Applicant: Connections New Century Public Charter School and Community Based Education Support Services (CBESS) Dear Chairman Au: The purpose of this letter is to join in Mr.Ted Hong's letter dated February 19,2013, in which he communicated certain procedural errors that occurred relating to SPP 12-000139. These procedural errors are (reflected in the record, and (resulted in confusion and to the detriment of Applicant. Moreover,due process considerations require that adequate notice be provided to Applicant of what procedures will be utilized,to afford Applicant the opportunity to properly present its case in support of SPP 12-000138. 1 look forward to appearing before the Windward Planning Commission at its March 7, 2013, meeting to state our positions and proposed courses of action. In light of these procedural errors, at the very minimum, Applicant should be afforded the opportunity to supplement the record with additional evidence and information in support of SPP-OW 138,at a duly noticed time and place in the future. Very truly yours, Monica T.L. Morris Deputy Attorney General C: The Honorable Bobby Jean Leithead Todd,Planning Director Ted H.S.Hong, Esq. (via email) SCANNED Ivan Torigoe,Esq. County of Hawaii Corporation Counsel (via email) Amy Self, Esq., County of Hawaii Corporation Counsel (via email) MAR 0 5 1fli k: 083863 2072 J. iZi C: Cl CY) CLq, Q0 0) 0 C) �T, C,z Xr ri al i (D 0 cr) o (D .2 mo E w 0 > CD =F LL (1) CO co 0 = . -a :i LU 16 a 0 0 E r- 2073 PEI'I`ITON FOR STANDING IN A CONTESTED CASE.jN `AR . (Page 1 of 2) -r:, F tl T NAME: Q�oNe l le Fu kVSVIi na ADDRESS: [-1 '35 Wa'Anue Aue -kye PHONE NO.: CMU q 3ri ; 10-3-14- APPLICANT/ DOCKET NO.: SvecGal FeV"yv�kj NQ• i2 DQ0 V6b A. is your interest in this matter clearly distinguishable from that of the general public? Yes X No If the answer is "yes", please explain. L�v� NGa� t�oJ�CT-AR's If the answer is "no",please explain how the proposed action will nevertheless cause you actual or threatened injury: B. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No X If the answer is "yes", please explain the nature of the agency's jurisdiction: C. Do you 1$wfully reside on or have some property interest in the land involved in the subject request? Yes , No If the answer is "yes", please explain: Appendix A SICANN E�7 _ {x$19 2 2074 PETITIONFOR STANDING IN A CONTESTED CASE REARING (Pale 2 of 2) D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands prior to 1778,who practiced those rights which were customarily and traditionally exercisedforsubsistence, cultural,or religious purposes? Yes No ✓ " If the answer is"yes", please submit any genealogical evidence and historical evidence showing the exercise of those rights to support your statement: Qvu"u-- (P#onej's Signature STATE OF HAWAII ) SS. COUNTY OF HAWAII ) �. On this° {{�� da of t"Gf�1Ma ,20 before me personally appeared j {.fr(�� ( Fl�'ICl ,to me known to be the person described in and who executed the foregoing instrument,and acknowledged that he executed the same as his free act and deed. Notary Public, State of Hawaii !Karen hi.i~;,K? '; '••.. .,•'�fi���. My commission expires: /1f��r��tll�l�iirirl� � Ih7 '1 `!1 AID 4-'i f5�3 Doc Date -� .a:,: y• dame: C14 s: •J•`n�Y Qoc.Qe^ lr Appendb(A '�r'T�••_... .•��•.��ti` nature �R"ffF[DATIQM Dente OF 1'`rtip, NOTARY0� 2075 40 VJ a �� Oo T N W 0 M � 0 0 N CD cli O N z ED Lux LInG In m d. i _ cC rn LLr in d o m } « o m T ra�u� }` p rn Ix PO Wv ru 0 0 w .a d of W W o Q co• r� -- - M # p o O NV « a V c } - nu W J C i� * ca C ]H to Z m iz o tCd cl ❑ to a: j r5Z wCD N ` ` a m a o !OA os ❑ o c L- m t� � Tea 101 AMOO ox o a ao 2076 �15V-LgOdsn C9 It gip' c IL r4� PE L % n5 ell, LU tD 200 0 4 4q 0rN IS! cc z ui S C, > 2:lVllC:o ol U-U. CD 'Ols "4s T .qms(l 101civ �z cc*: Ft-i'OH JOklunOD 2077 - Ted H.S. Honk J Attorney at Law ►�,+ Employment Workpface Law&Litigation Sue Lee Loy Planner and Legal Assistant March 6, 2013 The Honorable Deau Au, Chairman and Members of Windward Planning Commission County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 RE: STATUS REPORT—MARCH 2013 SPECIAL PERMIT APPLICATION(SPP 12-00013$) y { Applicant: Connection New Century Public Charter School and Community Based Education Support Services(CRESS) Request: To Develop a K to 12 Charter School Campus with Dorm Facilities,Intergenerational Programs,a Sustainable Agriculture Program and a Forestry/Conservation Program Tax Map Key: (3)2-5-006:141 Dear Chairman Au and Commissioners: •� The purpose of this letter is to provide the Windward Planning Commission and the Planning Department ® with a comprehensive update of other items related to the above-reference property that work in t conjunction with the regulatory and entitlement process currently before the Windward Planning ' Commission. GENERAL LEASE No. S-6029—STATE DEPARTMENT OF LAND AND NATURAL RESOURCES On February 15,2013,the Department of Land and Natural Resources provided Connections New Century Public Charter School,hereinafter"Connections" with a fully executed copy of General Lease �r No. S-6029, hereinafter"Lease." The Lease,which commenced on February 1,2013 authorizes ?' ►� Connections to enter and occupy the subject premises. A copy of this letter is attached as Exhibit A. General Lease No. S-6029 includes 37 agreements and covenants between parties and the executed copy of the lease binds Connections to adhere to those agreements, however, it is prudent that we provide 1� additional information related to the following Conditions. P General Lease No. S-6029- Condition 35—Removal of Trash .y The Lessee shall be responsible 1a for the removal of all illegally dumped trash upon the premises within ninety(90) days from the dale of execution of the lease and shall so notify the Lessor in writing at the end of ninety(90) days. Pursuant to Conditions 35,Connections will begin the process of removing all the illegally Q dumped trash upon the premises. As a professional courtesy,Connections will communicate with the Planning Department the commencement date of this activity. �A•'�` r� P.O. Sox 42 17 Hilo, Hawal'i 96720 Phone: (808) 960-3156 Ismail: ted®tedhongla- 2078 f 1 General Lease No. S-6029-Condition 37—Survey and Boundary Stakeout The lessee shall be solely responsible for any survey and boundary stakeout of the lease premises. Pursuant to Condition 37,Connections continues to work with land survey Robert Shirai of Island Survey to complete topographic survey of the property. It is anticipated that this work will be completed by March 30,2013. October 26, 2012—Enforcement of Violation + On October 26,2012 the Board of Land and Natural Resources, hereinafter"Board" heard an enforcement violation for the subject property and provided Connections with corrective actions to address the violation. A copy of the Board's recommendations is attached as Exhibit B. Part of the corrective action included the submittal of a Restoration Plan. Attached as Exhibit C,is the Restoration(Reforestation)Plan prepared by David Miranda that was transmitted to the Board. Pursuant to the directive of the corrective action and as a professional courtesy,Connections will communicate with the Planning Department the commencement date of activity associated with the Restoration(Reforestation)Plan. Connections has not received any other notices from the Department or Board of Land and Natural Resources. COUNTY OF HAWAII GRADING VIOLATION On August 31,2012, the County of Hawaii Public Works Department transmitted to Connection a notice related to a grading violation. This violation occurred when a bulldozing sub-contract failed to adhere to ' = the terms of a contract to provide fencing for the perimeter of the property. A grubbing and grading plan was prepare by Engineer Paul Nash,which has been reviewed and approved the Department of Public Works and is currently under review by the State Historic Preservation Division. Unfortunately this agency is seriously under staffed and it is unknown at this time when this permit will be approved. Mr. Nash continues to follow-up with the Historic Preservation Division. Connections has not received any other notices from the County of Hawaii Department of Public Works. r It continues to be the goal of Connections and Community Based Education Support Services("CBESS") to address any concerns for the property and we believe this updated status report is helpful to the Commission. Sincerely, Ted H.S. n C: Deputy orney General Monica T.Morris,Esq. r The Honorable Bobby Jean Leithead Todd, Planning Director CBESS a 2079 A 2080 1 O MLUAM a.A"d8. CHAMPERSON 60VEM%0FHAWAtI COMWUMOla WTEIL= 0RC[MhWAGEWINT I e- h a i STATE OF HAWAII DEPARTMENT OF VIAND AND NATURAL RESOURCES LAND DIVISION 75 Aupmi Street,Room 204 Hilo,Hawaii 96720 PHONE:(808)961-9590 FAX:(808)961-9599 February 15, 2013 Ref. No.: GL S-6029 Author LD-GH Connections New Century Public Charter School 174 Kamehameha Avenue Hilo, HI 96720 Dear Sirs: Subject: General Lease No. S-6029 to Connections New Century Public Charter School for Schooi Purposes; Kukuau, South Hilo, Hawaii; TMK (3) 2-5-06:141. Enclosed, for your records, is one fully executed copy of the above referenced document, commencing as of February 1, 2013. You are hereby authorized to enter and occupy the subject premises as of this commencement date. We call your attention to the paragraphs 8 of your lease regarding improvements, which states in part; The Lessee shall not at any time during the term construct, place maintain and install on the premises any building, structure, or improvement of any kind and description except with the prior written approval of the Board and upon those conditions the Board may impose, unless otherwise provided in this lease. We look forward to working with you as our tenant. If there is anything we can help you with or if you have any questions, please do not hesitate to contact us at (808) 961-9590. Thank you. Sincerely, Gordon C. Heit District Land Agent Enclosures w19 cc: Land Board Member Central Files District Files Exhihft-t� 2081 l ' } 1� r • 1: 2082 WFLLIAMJ.AILA,JB NE1I.ABERCROMSQZ rCPARPOMM eaumo GW WAYEx New.lm4F)rr STATE OF HAWAII a DEPARTMENT OF LAND AND NATURAL RESOURCES LAND DMSION 75 Aupuni Stream,Room 204 Teorkls Hilo,Hawaii 96720 PHONE:(808)9619590 FAX:(808)96I-9599 October 29, 2092 Ref. No.: 08HD-018 Author: LD-GH Connections New Century Public Charter School 974 Kamehameha Avenue Hilo, HI 56720 Dear Sirs: Subject: Enforcement of Violation on Unencumbered Public Lands, Unauthorized Land Clearing, Construction of Perimeter Fence and Removal of Ohla Timber by Connections New Century Public Charter School, Kukuau, South Hila, Hawaii; TMK (3) 2-5-06:949 portion. At its meeting of October 26, 2092, under agenda item D-2 (copy enclosed), the Board of Land and Natural Resources approved the above referenced action as amended. The Board amended staffs recommendations as follows: Recommendation No. 2 was amended to reduce the fine from $5,000 to $500- Recommendation 3 was amended to delete the removal of the fence requirement and revise the provision to complete restoration within 60 days; recommendations 3 to read in its entirety: "Recommend Connections to submit to the Department a Restoration Plan within 60 days from the date of this Board's action at Connections' expense;" All other recommendations shall be complied with. Although not a condition of the Board approval, Board member Goode had wanted the minutes to reflect the Board's encouragement that the school retain a project management to oversee all facets of the permitting and construction of the school improvements. Exhihi 2083 If you have any questions, please feel free to contact me at the Hawaii District Land Office at(808) 961-9590. Thank you. Sincerely, Gordon C. Heit District Land Agent Enclosure cc: Central Files District Files Ted Hong / 2084 Mt U STATE OF HAWAII DEPARTMENT OF LAND AND NATURAL RESOURCES Land Division Honolulu, Hawaii 96813 October 26, 2012 Board of Land and Natural Resources State of Hawaii Honolulu, Hawaii HAWAII Enforcement of Violation on Unencumbered Public Lands, Unauthorized Land Clearing,'Construction of Perimeter Fence and Removal of ONa Timber by Connections New Cerdury Public Charter School, Kukuau, South Hilo, Hawaii;TMK(3)2-5-06:141 portion. PURPOSE; Enforcement of violation of Hawaii Administrative Rules relating to unencumbered public lands, unauthorized bulldozing and land clearing construction of perimeter fence and removal of ohia timber by the Connections New Century Public Charter Schooi and/or agents acting on their behalf occurring on State unencumbered lands makai of Edita Street, Hilo, further identified by tax map key e/2-5-06:141 and shown as Exhibit A. LEGAL REFERENCE: Section 171-6, Hawaii Revised Statutes, as amended Section 13-221-23, and 28, Hawaii Administrative Rules (HAR), as amended. BACKGROUND: On March 28, 2008 under agenda item D5, the Board of Land and Natural Resources approved in principle, the issuance of a direct lease to the Connections New Century Public Charter School (Connections) for school purposes pending the finding of no significant impact (FONSI) of their environmental assessment for the school site. Then, at Its meeting of January 13, 2012 under agenda item D-4, the Board approved the direct lease to Connections for a period of sixty-five (65) years. There was no management right of entry agreement on elther Board submittal and no authorization for the applicant to enter onto the State land prior to the lease document being fully executed. &giWmied ARROvI L`14=V �'t ROARD OF LANDAND NA i!,RAL RESOURCES AT ITS MEETING HELD ON �$ ,1r22a�2 D-20 Connections PCS violation October 26,2012 TW-T412-5-06:141 On ,duly 27, 2012, Hawaii District (_and Office (HDLO) staff received a telephone call from the Law Office of Ted H. S. Hong, agent for Connections informing DLNR staff that a contractor hired by Connections had cut and removed several ohia logs from the property without authorization. When asked to explain further, staff was then informed the contractor had bulldozed the perimeter of the lower portion of the State property and erected a hog-wire fence around the boundary with several gates placed at strategic locations, This information was followed by a letter (copy to 1-1131-0) dated August 2, 2012 from the office of Mr. Hong to the contractor apprising them of possible legal repercussions. A theft investigation for the removal of ohia trees from State property was opened by the County of Hawaii Police Department on July 14, 2012. Subsequently, this Information has been forwarded to the DOCARE East Hawaii District Branch for further investigation. A site inspection of the property was conducted on August 10, 2012 by staff and confirms the bulldozing activity in addition to the construction of a hog-wire fence along the perimeter of the lower portion of parcel 141. The inspection revealed evidence of several ohia trees being pushed over. Some of the larger trees appeared to have been cut with a chain saw and removed. It is not clear whether they were cut prior to being buildozed. The exact number of trees removed has not been determined thus far. (Photos attached as Exhibit B) As a requirement for the issuance of a direct lease, the applicant, Connections was required to conduct an Environmental Assessment for the proposed use of State lands'. In the Final Environmental Assessment (FEA) submitted by Connections,and published on November 8, 2010, caution was given to any land clearing and construction in areas where possible lava tubes may be present The FEA identified portions of the Kaumana Caves system as being located udder a section of the lower property and recommended the position be identified and flagged. The FEA also stated that clearing of the ohia forest above the cave could have significant indirect effects to the cave ecosystem. It appears from the maps provided in the FEA that the bulldozing occurred over a portion of the cave system. Pursuant to section 13-221-23, HAIR, "No person shall destroy, disturb, or mutilate any geological features or dig, or remove sand, earth, gravel, minerals, rocks, fossils, coral or any other substances on the premises". The perimeter of the lower portion of the property was bulldozed and a hog wire fence was constructed. This action constitutes a disturbance to the geological features. Further, Section 13-221-2$(4) cites "No person shall destroy, dig, remove, or possess any tree, shrub or other plant, except for noxious weeds, as defined in Chapter 4-613, HAR, within the premises", the removal .of Ohia timber at the subject location is considered a violation of this administrative rule. The Environamgal Assessment submitted by the Applicant to the Office of Environmental and Quality Control(OEQQ does not provide for the construction or installation ofperimeter fencing. 2 2086 Connections PCS violation October 26,2012 TMK:3dl2-5-06:141 Staff is therefore recommending the Board impose a fine in the amount of$5,000 against Connections New Century Public Charter School. Additionally, Staff spent 12 hours conducting two site inspections of the unauthorized clearing and fence installation, reviewing files, meeting with Mr. Hong and preparing the present Board submittal. Staff therefore recommends an assessment of administrative costs against Connections in the amount of$540. Further, staff is recommending the removal of the perimeter fence and restoration of the land at Connections'expense. Finally, staff is recommending that the Board reserve the right to Impose additional fines against Connections or others in the event the ongoing investigation by DOCARE Officers into the alleged theft of ohia trees from State land warrants such aeon. RECOMMENDATION That the Board: 1. Find that Connections New Century Public Charter School violated Sections 13-221-23 and 13-2213-28, Hawaii Administrative Rules; 2. Impose a fine in the amount of$5,000 and assess administrative costs in the amount of$540 against Connections pursuant to HRS§ 171-6; 3. Require Connections to remove the fence line and restore the land to the satisfaction of the department within 60 days from the date of this Board action at Connections'expense; 4. Reserve the tight to impose additional fines in the event the ongoing investigation by DOCARE Officers into the alleged theft of ohia trees from State land warrants such action; and 5. Such other terms and conditions as may be prescribed by the Chairperson to best sem the interests of the State. 7RIly Sub , on C. Heit District Land Agerk APPROVED FOR SUBMITTAL: William J. Ala, Jr., Chairperson Land Board Meeting: October 26, 20121 D-2: Approved as amended. See additional page for amendments. 3 2087 Land Board Meeting: October 26,2012; D-2 Approved as amended. Recommendation No. 2 was amended to reduce the fine from $5,000 to $500. Recommendation 3 was amended to delete the removal of the fence requirement and revise the provision to complete restoration within 60 days; recommendation 3 to read in its entirety: Recommend Cnnecons, o suit to the Department a Restoration Plan within fd days from the date of this Board's action at Connections' expense;" Though not as a condition of the Board's approval, Board member Goode had wanted the minutes to reflect the Board's encouragement (anti Connections' concurrence) that the school retain a project management to oversee all facets of the permitting and construction of the school improvements. 2088 EXHIBIT A CONNECTIONS PUBLIC CHARTER SCHOOL TW: 3'd12-5-06:141 1 e04 P"v • V }\\ � •�� r pro ppo serer .r• vi lop �* 8 AREA of BULLDOZING and a"~"'• '" �.� FENCING r+e f�sr+T y .Mpk +xaR r J P Y. 1 101, r• rP J 4 SUBJECT PROPERTY 2089 _,. '.. �'�^!�, ''.-irk ✓� c' _ � �l..0 �„"°� � ,� o•�i U }- a•t '7 r ���- r�.4 f'r �� � "� �rsy��, `} s"r•tom r3 f A -� �{ -i..; J, '�y� �J I •jl � I _ y - „_ _' W __ _ •fes ��y l' "� ., - ' ':wt,r � �. 1✓',- �+"� +. Wit!-a ��� r_."f , r�3pr.. . c �Y C^'�-. -�� _ ---� G '-.- _ r +,r^•, '��,- �'vw. e,,,..,...r ,v`.XJ:-..' 'ti's r r� j �.• _ _ .� .W `.."'�"_• 2 rys � �,� •.ter � s ! �'r� r�.- rit'.r dt �� ♦c'�+ -� , f4r -•a • '^r .,t.•1♦�. ?7,,. it w!_' aka•( - � +`y� .��` a� ` r e ,z ♦ � _ + � ..y f ✓' •- - it� 811012012 hl 4,0— Orr, It nz- +^ ^+�^ • �:Y 1 _! - - rte. S L{;-.N,-'r 1 'Y 1 -F `fir ,• f, •1 1` X31/ _c` � �- r J �: -}� 1✓ir, Je -- --�"'.���,-._.r�vh �x r �' �•-rte- r'� -7,•c�N� .: _ .�^sj J r.'�r ��5�'rW -�F"'�r } 'r _ y`'r�.. „�- - r •. e:. �+' r•� ' i .. '. r,: 811 0i2D12 i • f 2093 A Reforestation Plan for Connections PCHS Kaumana Property—Makai Parcel The problem: During the summer of 2012 (exact dates ?);a contract was issued to On The Line Fencing; a private fence building company. The company was hired to install fencing around the perimeter boundary of the Connections PCHS leasehold property on the makai side of Edita Street off Kaumana Drive. Having constructed the fence line;the contractor or its associates proceeded to do bull dozer work along the fence line in excess of what the contract allowed. A large number of Ohia (Metrosideros collina subsp. polymorpha)trees were intentionally cut and removed from the property. Mature Strawberry guava (Psidium cattleionum)trees were also bulldozed and pushed into heaps along the lower boundary. These trees were to have been preserved as is or if cut, used as raw material for student project based classes, i.e. Makery Class, a computer assisted design training class. In most areas,the topsoil was scraped down to the base rock with occasional patches of soil left remaining. On August 7,21, and 27, 20121 visited the property to assess damage to the property_Since the date of the contractor's activity; high levels of invasive species are already germinating on the disturbed scarified areas created by the bulldozer. Notably present are concentrations of seedlings of Melochia sp.,5tachytarpheta (Vervain), numerous Cyperus sp. (sedges), various grasses, Mela5tome sp., P51dium cattleianum (strawberry guava)and Poederia scandens (pilau maile).A more complete list needs to be compiled when access to the property is reinstated. Additionally;the exposed soil on sloped terrain poses an erosion and siltation problem.This needs to be addressed especially if it is shown that Waipahoehoe Stream flows to the ocean or enters lava tube systems (it does). Needs: Damaged or removed trees and vegetation need to be replaced_ weeds species need to be removed or controlled either by hand pulling(student projects) or judicious application of herbicides (by skilled applicator). Replacement trees and understory plant species need to be seeded or transplanted to the disturbed areas. Large trees that were pushed into stack piles, i.e.Strawberry guava, Alexander palms, Ohia trees, need to be uncovered and assessed for possible use as raw material. If salvageable,these timbers need to be stored for later use. It may be possible to use some logs for mud bars to Connections PCHS September 12, 2012 2094 slow water flow on exposed slopes. This evaluation needs to happen soon before the rainy season begins and these trees rot and become useless. Tools Needed: Chain saws, fuel/oil for same Machetes Heavy pruning saws, pruning shears Shovels, picks, o'o digging bars Other tools Possible Approaches: Establish "planting zones" where replanting will occur. Rather than attempt to "blanket" the contiguous scarred areas with seed or transplants; create numerous smaller "islands"of planted replacement species that can be maintained. These areas might be circular or irregular in shape but they should be several square meters in size, i.e. 10 meter x 10 meter.These areas could also be used as potential monitoring sites for student projects and the progress of the reforestation effort could be charted as part of an ongoing biological sciences curriculum. Begin the process of transplanting suitable species to the "planting zones" using species which already exist on the property. The same species might also be acquired off site from other construction sites if their property,owners were agreeable, i.e. Ohia and Rhus sp. However,this seems impractical from a logistical perspective. Salvage suitable transplants from onsite dozer piles where possible. Since the substrate of the planting sites is mostly fractured rock with pockets of soil;the size of the transplanted material will be important. O'o bars (digging sticks)can be used to open cracks up a bit to accommodate transplants.Soil from adjacent areas can be used to secure roots in these cracks. Spread seed or plant root pieces (Rhus can be propagated this way) in the various "planting zones" sourced from on-site vegetation. How to Proceed Create a list of plant species that are appropriate for the replanting effort. This list should include native and non-native species that are already on the property. Connections PCHSSeptember 12,2012 2095 Locate areas on site where trees of a suitable size for transplant exist.These areas occur along the route of trails that were cut in 2011 and 2012. Some of the better places to look on these trails are places where lava flows are visible and the soil depth is shallow.These places often had seedling beds with Ohia (Metrosideros sp.), Uki (Cladium sp.), Pukiawe (Styphelia sp.), Rhus sp., and ti leaf(Cordyline sp.) and possibly other species. Ohia is likely the most common desirable tree that is easily transplanted.Transplants can range from smaller seedlings 1 or 2 feet in height up to 7 or S feet. Experience has shown that Ohia has a shallow root system and is fairly easy to remove and relocate.The larger sized transplants are awkward to move around so finding trees near their transplant sight will be important. In some of the shaded ravines, seedlings of Alexander palm (Archontophoenix alexandrae)and Hilo holly (Ardisia crenata)can be found.These are easily transplanted. A few sun tolerant fern species might also be successfully transplanted.These include Pala 'a (Sphenomeris chinensis) and Sword or Boston ferns (Nephrolepis sp.)Tree ferns are rare to non-existent on this parcel. Only one hapu'u fern was found on the makai parcel during earlier surveys and that plant has since been eaten by feral pigs.Another fern that prefers very wet areas is Cyclosorus interruptus. A major patch of this fern was destroyed by fencing activities. However, some portions still remain and this might be used as a source of material to plant into areas expected to be usually, very wet. Seed should also be collected where available for dispersal in the "planting zones". Especially; Ohia (Metrosideros)seed from intentionally cut trees might still be after-ripening on piled debris and might be harvested as salvage. (Perhaps the adjacent property owner(Brilhante) might be amenable to allowing collection from fallen trees on that property.) Student Participation Connections PCHS students can potentially be very instrumental in the reforestation effort. With good organization; planting zones can be established and quickly planted. Students can be utilized to gather seed, seedlings and other propagative material.They can also assist in replanting these gathered plants. This is also an excellent learning opportunity for students looking for science, PE and other education credits. It would also be an opportunity for team and class building and establishing a sense of ownership toward the future of the school. Perhaps a role can be found for the middle school students as well. Connections PCHS September 12, 2012 2096 ^'Sl f%»k \ /- � 0 � ■ � `��� �\ eve z J ± £ 2097 -•.r.•3.1'c- CU cu (n CU 0 4' e3 2098 •r �>1 hr,�jl�,r '� Y 4x �:•Wzf�tl-4ec� r rr_ ���as LM ;ry« CUrrrr�r � •i��1' (� (] CL E ., o E o CL U) ui .,�. 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Gomes 281 Edita Street ADDRPM: Bilo BI 96720 1. STATUS OF PETITIONER A. Is your interest in this matter clearly distinguishable from that of the general public? Yes X No .r__. If the answer is ",yes", lease ex ain: As an adjoini4 property Owner to the proposed project, my family and I will severe y InpacEed by fhe project. If the answer is "no", please explain how the proposed action will nevertheless cause you actual or threatened injury; B. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No x If the answer is "yes", please explain the nature of the agency's,jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? 'Yes — No X If the answer is "yes", please explain: ENDIX A k'd art g�.. M +j 7 2013 FB*. :O39 $ 2122 (Page 2 of 2) D. Are you a person or persons descended from native Hawaiians who inhabited the Hawaiian Islands prior to I778, who practiced those rights which were customarily and traditionally exercised for subsistence, cultural, or religious purposes? Yes—! No If the answer is "yes", please submit any geneological evidence and historical evidence showing the exercise of those rights to support the statement. While I am also native Hawaiian - as evidenced by our my daughter's atL=dance at Kamehammha School, my issue is more as a ntj&hboring property owner. 1 PETITI NE S SIGNATURE STATE OF HAWAII ) Ss. COUNTY OF HAWAII ) poin 1)z 13 yrt6 On this day oft?vCJ—, M, Wore me personally appeared . to me]mown to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. flat.Date, 13 M Rasa.. 2 tary Public, State of Hawaii Notary NaM%*Rd��ana141ae pante Third Cireult pf dj6-r ��..►tt1n'n44#+�� ammission expires: c6� l '� (5 DOC.Qasotlptlornq,,, ���V, MAF ��i�y —• APPENDIX A �: e1.5o 4tatrty signature DOSS f i • r Lam- r Q Lam. g N � Isr6 Cf) LCI% i Q 0 N i f n, . � m MI o ' �.�.. gr q MO UU �: !6 o rm tQ r-k' ru o unI O � 1 ulO 2 8 w O 43 b ae ,� tp LU rc OZL o a ` m r ru 5 AS 8d tot a ❑ jo is f I ��rv~im LL }tea ac rlD IL 0. ELIo 0 2124 ' ~ � ' ' ! ~ ^ ( | / , DATE— RIO RECEIVED FROM Is J cl, Ai_ FOR tie. | = . ~~ ;� A 0� ' ( TOOCREOrr( CARD | ' *^� ' � 1111 �1 �� � . �� RECORD OF VOTING WINDWARD PLANNING CONIlVIISSION COUNTY OF RAWAII DATE: L_21 l j _ APPLICANT: � c`nti� .[fin sC, ,`C'.e2 ACTION: MOVED��' �:. y SECOND J S 1 Ick, O APPROVE AS RECOMMENDED BY PLANNING DIRECTOR O APPROVE WITH AMENDMENTS O DENY O CONTINUEIDEFER, OTHER/REMARKS IL Xt c. ��—� ._ ,., SS r o�•- COMMISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT GONZALES,Ronald ISHIBASHI,Wallace MOSES, Raylene ONO,Stephen AU, Dean (Chairman Pro Tem) 2126 RECORD OF VOTING WINDWARD PLANNING COMMSSION COUNTY OF HAWAH DATE: 1 n 5 1 .201-'3 APPLICANT; &wnat&u ilu) Owin fk" ACTION: MOVED a &-� SECOND O APPROVE AS RECOMMENDED BY PLANNING DIRECTOR O APPROVE WITH AMENDMENTS O DENY O CONT[NUE(DEFER OTHER/REMARKS 4- 0v ' COMMISSYONERS: AYE NO EXCUSED ABSTAIN ABSENT GONZALES,Ronald ! ISHIBASM,Wallace MOSES,Raylene ONO,Stephen AU,Dean (Chairman Pro Tem) 2127 RECORD OF VOTING WINDWARD PLANNING COMMISSION COUNTY OF HAWAII DATE: ga3 APPLICANT: &-& 1.a.�CA '` ACTION: MOVED S SECOND_JR-r C APPROVE AS RECOMMENDED BY PLANNING DIRECTOR .• r.x s 1%%-yr c. rV i iti rurue.i�� ivilENT$ / o DENY ® C CONTINUE/DEFER u/ OTHER/REMARKS, 6 f! ' LIJ COMMISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT GONZALES,Ronald ISHIBASHI,Wallace MOSES,Raylene ONO,Stephen AU, Dean(Chairman Pro Teen) -7L 2128 fir RECORD OF VOTING WINDWARD PLANNING COMMISSION COUNTY OF HAWAII DATE: March 7.2013 APPLICANT; ConnectiamJCBESS SPP 12-000138 ACTION: MOVED �a� J SECOND O APPROVE AS RECOMMENDED BY PLANNING DIRECTOR O APPROVE WITH AMENDMENTS O DENY O CONTINUE/DEFER OT ER/REM,,4RKS �`4 4h � 0� �' r"1 . .{tel ,(-�g-v-_ . &-7L"SS COMMISSIONERS: AYE NO EXCUSED ABSTAIN ABSENT GONZALES,Ronald ISHIRASHI,Wallace 9 MOSES,Raylene t ONO,Stephen AU, Dean(Chair) 2129 WINDWARD PLANNING COMMISSION COUNTY OF HAWAII HEARING TRANSCRIPT MARCH 7, 2013 A regularly advertised hearing on the application of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL ICBESS (SPP 12-138)was called to order at 9:51 a.m.in the County of Hawaii, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii,with Chairman Dean Au presiding. COMMISSIONERS PRESENT: Dean Au,Ronald Gonzales, Wallace Ishibashi,and Raylene Moses STAFF PRESENT: Ivan Torigoe(Deputy Corporation Counsel), B. 1.Leithead Todd (Planning Director),Daryn Arai (Planning Program Manager), Phyllis Fujimoto (Staff Planner),Maija Cottle(Staff Planner), Jeff Darrow(Staff Planner), and Sharon Nomura(Secretary) And approximately 35 people from the public in attendance. ABSENT AND EXCUSED: Stephen Ono APPLICANT: CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOLICBESS (SPP 12-138) Continued hearing on an application for a Special Permit to develop a K to 12 chatter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District. The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo,Hawaii, TMK: 2-5-006:141. AU: Okay, applicant number three CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOIJCBESS, Special Permit No. 12-138. We are going to do something different here. Before you guys get seated,we are going to go,I'd like to entertain a motion,oh,Commissioner Gonzales is not here yet. I thought he was here. There is Commissioner Gonzales. I'm sorry,l thought you were here. GONZALES: Sorry. I was outside. AU: What I'd like to do is I'd like to entertain a motion for an executive session prior to getting started,just to get our Commissioners up to speed. Certain things have transpired since the last meeting; and,maybe, Corporation Counsel can explain. TORIGOE: Yes. So, Mr, Chairman,the purpose of this executive session would be to consult with me and to get legal counsel regarding this application. Is that correct? AU: Yes, that's correct. So ready to entertain a motion? 1 2130 GONZALES: I'd like to propose a motion to go into executive session. ISHIBASHI: Second. AU: Okay. All in favor, aye? COMMISSIONERS: Aye. AU: Opposed7 'Mark you guys very much. You guys have to leave the room. And we'li call you guys right back in. Thank you very much. Thank you, guys. EXECUTIVE SESSION—The Commission went into executive session at 9:51 a,m. The Commission came out of executive session at 10:18 a.m.by a motion made by Commissioner Ishibashi,seconded by Commissioner Gonzales, and unanimously carried by a voice vote of all Commissioners in attendance. AU: The Windward Planning Commission meeting will come back to order from Executive Session Staff, can you please give us a quick update, status report,on where we're at. Is Mr. Arai here? DARROW: I'll give the update. Thank you,Mr. Chairman. Again, this is the, in reference to the application for Connections New Century Public Charter School and CBESS for a special permit application. At our last hearing, I believe it was January 10'x'the Commission made and seconded a motion to deny the special permit application. At that time Corporation Counsel advised that before voting the Planning Commission needs to follow Planning Commission Rule 4-22, which applies when not all members were present at all the hearings. No. 1,Proposed Findings of Fact,Conclusions of Law, Decisions and Order must be served on the parties. No.2, adversely affected parties have an opportunity to file exceptions and have arguments. No. 3,the Planning Commission is to consider the whole record before making a decision. The Planning Commission Chairman asked Corporation Counsel to prepare Findings of Fact,Conclusions of Law and Decision and Order and to arrange filing a schedule with the parties. And, Lastly,the parties had concerns about the proper use of contested case procedures. So Corporation Counsel reviewed the long-standing Planning Commission practice. With that, I'll direct it to our Corporation Counsel. AU: Thank you. TORIGOE: Okay. Mr. Chair? AU; Yes. TORIGOE: Yeah. Let me just pick it up from there,just to update you on what I did when I realized that there were some concerns about the contested case procedures. As you know, I guess,the practice of the PIanning Commission has been not to allow for application for intervention or for contested cases in these kinds of special permits where it could be denied 2 2131 y here,or if it's approved here it goes up to the LUC. There was an assumption that at the LUC contested case procedures would be available. So I reviewed that practiced and looked at the LUC rules and talked to the LUC staff. And basically what I found were two things: One is that, you have to keep in mind that at any time there is an application like a special permit where the Planning Commission's decision is the final one before somebody can take an appeal, that is considered a contested case for legal purposes. And that means that even if there isn't any opposition, even if there isn't an intervenor, the applicant himself is a party to a contested case; and that's automatic in your rules as well. Okay. And that means that an applicant can avail him/herself of contested case procedures that are spelled out in the rules, such as calling witnesses, subpoenaeing evidence, and things like that. When I looked at the procedure that the Planning Commission had been following basically telling the public and the applicant that there will be no contested case procedure here,then that's problematic. Because if an applicant for a special permit is voted down here, then their next step is to appeal to Circuit Court. But in order to do that, they should have been given the opportunity to use contested case procedures to make r4A^�� �^ tt,^'. +��,•_ .,'.a,;c:';_,: gs_ _ ........W, ..-:`:a good record. Okay? So in this case, that's something to keep in mind. The other thing I found is that when I looked at the LUC rules,they did not snake provision for intervention and for contested cases at the LUC level, although they do specifically make provision for intervention and contested case for things like State Land Use Boundary Amendments and anyffi ng else other than special permits. And when I talked to the staff there, they basically said that it is not their normal procedure to conduct contested case hearings and have intervention at the LUC level. So basically we cannot rely on the LUC to take care of the intervention and contested case procedures. In fact,they also have the power to remand the case back down to the Planning Commission if they feel that the record is not complete. So with ail that in mind,then the, I spoke with the parties's attorneys and with the Chairperson, and the parties had agreed that the Findings of Fact and Conclusions of Law should be put on hold pending further discussion regarding what the next step should be,you know,in view of the fact that an applicant ought to have some contested case procedure rights, and that the LUC cannot be relied on to do that. So that's basically where we are today. And you also have, as was mentioned,a motion to deny on the floor. So that also needs to be dealt with. Okay,so that's where we are right now. AU: Okay,thank you, Mr.Torigoe. Can i have the applicant and their representatives please come forward. Can we pull up another chair. Okay, I have a question before we get started,but I'm going to swear everybody in. So please raise your right hand. Do you affirm and swear to tell the truth on this matter now before the Hawaii County Planning Commission? REPRESENTATIVES: Yes. AU: Okay. When it is your turn to speak,please state your name clearly and where you reside. Before we get started, question though, who represents who? And maybe if we can just,if 3 2132 someone can clarify that, or maybe two people clarify that. But please state your name and where you reside first. MORRIS: Monica Morris,Deputy Attorney General,Department of the State Attorney General. I reside in Honolulu,Hawaii. I'm here to represent Connections Public Charter School. HONG: Good Morning,Mr. Chairman and Members of the Planning Commission. My name is Ted Hong. I reside in Hilo. I represent CRESS; and with me this morning to my left is Joyce Derbyshire who is the president. DERBYSHIRE: Joan, HONG: Joan. I'm sorry, Joan Derbyshire who is the president of CBESS. DERBYSHIRE: Joan Derbyshire,president of Community Based Educational Support Services which is a 501(c)(3)nonprofit. I live at 27 Bhn Drive in Hilo. THATCHER: You want us to keep going? AU: Yeah, I'll just go ahead and -, Just to get it on record, everybody. THATCHER: Okay. John Thatcher, I'm the principal of Connections Public Charter School. I live in Ka5mana. S. LEE LOY: Aloha, Chairman and Commissioners. My name is Sue Lee Loy. I live in Pana`ewa. I'm currently doing work for both CRESS and Connections as it relates to land use requirements through the special permit,special permit process. AU: Okay. Does any Commissioners have any questions regarding who represents who at this point? Okay,well, you guys have the floor. You can go ahead,Monica. MORRIS: Thank you. I'm going to start. Thank you, Chair. Thank you,Members of the Commission. I'd like to set out a couple of things; and l thank you for your patience and forbearance. At the outset what I'd like to state for the record is that if the Planning Commission is inclined to deny the special permit application,the applicant hereby requests,and is entitled to, a contested case pursuant to Rule 4-1, and Hawaii Revised Statutes Section 205-6. Now with respect to the Commission's males on contested case,Rule 4-1 says that,the final sentence says, with respect to this contested case procedure,"It shall therefore be followed in all cases where State statutes provide for direct appeal from the Commission to the Circuit Court." Now there is such a statute that provides for direct appeal to the Circuit Court. That is found in Hawaii Revised Statutes Section 205-6 which speaks to, specifically to special permits. In particular subsection (e), says this, "A denial either by the county planning commission or by the land use commission, or modification by the land use commission, as the case may be,of the desired use shall be appealable to the circuit court of the circuit in which the land is situated and shall be made pursuant to the Hawaii rules of civil procedure." So this statute triggers the contested case process. 4 2133 - Now the Commission's own rules make it clear that a petition for a special permit is different from a contested case. Therefore, the argument that the hearing on the special permit is the contested case absolutely fails. The definition itself of contested case is found in your Rule 1, which provides this,"'Contested case' means a proceeding in which the legal rights,duties,or privileges of specific parties are required by law to be determined after an opportunity for agency hearing." That is a description and definition of contested case in your own rule,Rule 1-3. So if the Commission is of the mind that the hearing on the special permit was the contested case proceeding itselfy that is flawed by your own, your very own rules. As I go on,Rule 4 of the Commission's rules speak specifically to contested case proceedings. Rule 6 of the Commission's own rules speak to special permit applications. Those rules are completely different. They are not one and the same. I think what happened in the last hearing that the Commission had in January was that there was an attempt to collapse both the special permit hearing and the contested case procedures into one ball of wax. That is absolutely flawed reasoning. Again, clearly,the rules for contested case are different from the rules for a special permit. Different notice requirements apply, and the procedures are very different. Now the rules, you do have rules. The rules are silent,however. Your rules are silent,however, as to what someone has to do to request a contested case. In this regard I'd like to speak to the petition for standing that was recently submitted. The Connections and CBESS in-an abundance of caution net knowing exactiv where the Commission was going to go with the special permit, in an abundance of caution, a petition for standing was submitted. The record reflects that Connections financed the filing fee for that. I want to state for the record that that was done in an abundance of caution because the applicant didn't know what procedures were going to be followed, notwithstanding that your own rules clearly identified the procedures relating to contested case and special permit applications. Based on the actions that were taken at the last Commission hearing, that is why that petition for standing was submitted-and I wanted to address that now- again, in the abundance of caution to preserve its due process rights. I've already made an oral request for a contested case on behalf of my client. I wanted to address several more issues just so that the Commission is properly briefed. Now,as I said earlier, your rules are silent as to what someone has to do to request a contested case. In this regard,case law has established precedence, clear,as precedents-if there is no rule, due process notions of fairness absolutely apply. Perry versus Planning Commission sets precedence on this. This is a Hawaii Supreme Court Case decided in 1980. The citation is 52 Hawaii,666; and this is what the Hawaii Supreme Court ruled—even if there is not a property, a clear property right that is present,nevertheless an application for a special permit constitutes at least, at minimum,a privilege. Therefore,there are still due process rights that apply. These are the due process rights that apply. One,everyone has to understand what procedures will be followed. Secondly,the parties, and in particular the applicant in this case,needs the full opportunity and is entitled by law to a full opportunity to present its case. Thirdly,the notion of fairness of procedures. Those three anchors are what is at minimum required to be provided. Now the public, commission, the Planning Commission,not the applicant, carries the burden of notifying interested parties with respect to due process cases or contested cases. The authority for that can be found in Hawai`i Revised Statutes Section 205-6 and Rule 4 of your own rules with respect to contested case procedures. I think I've addressed everything that I needed to. And so I thank you for your patience. Thank you. 5 2134 AU: I have a quick question. MORRIS: Yes. AU: So you said a petition for standing is,that's the one you're talking about,the one that we just received on March 4,we received it on March 7`h9 Is that the one you're referring to by a Jonelle Fukushima? MORRIS: I think the date stamped there is March 40'. I think the understanding with respect to that was,the understanding there was the, as long as it was postmarked by February 28'h that would be sufficient. I can't speak to where that understanding came fi•oin, but that was the understanding. AU: Do you know this]onelle Fukushima? Is she here? MORRIS: Yes. AU: Okay,thank you. You want to add to that? MORRIS: If I could add to that. The school and CBESS,again, in an abundance of caution,just to preserve their contested case rights,they have filled out a petition for standing in a contested case. I don't believe that's necessary, because as the applicant they have perfect standing to request a contested case. But if that's what the Commission wants to solidify the record,they atm prepared to submit that. However,I would ask that the$200 filing fee be waived. But,so, again,in an abundance of caution that petition for standing was submitted. We also have other petitions for standing ready to submit. Again,I don't feel it's necessary,but to preserve,to preserve the due process and contested case rights. TORIGOE: Mr.Chairman? AU: Ivan. TORIGOE: Yeah. Can 1 address just real quick—Rule 46 of the Planning Commission rules,it says,"In all proceedings where the Commission's action is directly appealable to Circuit Court," which would include if there's a denial,the applicant here,and then, "the applicant and the Planning Director will be designated parties to the action." So I would agree that the applicant is basically an automatic contested case party here and does not need to file any request for a contested case standing, AU: Mr. Hong? HONG; Thank you, Mr. Chairman. Good morning, again. We are here this morning because of a procedural error. And that error has risen to a level where now it affects my client's constitutional due process rights. And the error was that because we and the Planning Department agreed that if there was going to be a contested case,and we've said it too on numerous occasions in these proceedings,the contested was going to occur at the State level. It 6 2135 was in the notices that we set to the community and surrounding property owners. We said it on the record a number of times. Everybody had assumed that. Now it turns out that that notice that was sent to the community,that notice that was sent to the surrounding property owners,that representation that was made at the Planning Commission meetings was wrong. And,you know, we're not trying to point fingers or say it's anybody's fault. It's just that this is kind of a relatively unusual process,and we're still kind of finding our way. But we now know what the right way is;and the problem is everybody who is here up to this point was given the wrong information. So what's the remedy? The remedy is to withdraw the motion, and second,to deny the special permit application, approve Ms, Fukushima's and the applicant's request for a contested case, appoint an independent third party hearings officer, and allow us to proceed with the contested case according to the Planning Commission's procedures, Then when the hearings officer completes the contested case proceedings,puts together his findings or her findings of fact, conclusions of law,they'll submit it to the Planning Commission. Similar to what happened in the Hu Honua case,the Pepe`eke6 Point case,they'll submit it to the Planning Commission. You guys could take a look at it and either adopt it,reject it or,you know, do what you want to An U31f.rAll r Hint i a IV;TlPM t1,P a rnrP�+aro]•a.-...Nn� e"06;+ 41—nn+:,'Z r n—h—A;; Commission and Members of the Planning Department. One is Condition 35. It requires the lessee to remove all trash on the property within 90 days. The clock is now ticking on that component of the condition. As a professional courtesy I've been asked by Connections to notify the Planning Department when they commence with that work. Another one is Condition 37. They are required to prepare a boundary survey. I was just notified this morning that they have completed that, although in the report I've provided you folks it was supposed to be done by the end of this month. They are now complete. The information has now been transmitted to the Department of Land and Natural Resources. Another component,back in October the property was issued a violation for the fencing and perimeter work that was done. Part of the remedies and the cures for that violation was for them to submit a reforestation or restoration-plan. The applicants have done that. And they now have to commence with that work for the reforestation and restoration plan. Since that time, there have been no other violations or concerns from the State's side. In conjunction with the fencing,there was a grading violation. The applicants have proared a grading permit. They have received preliminary approval from the Department of Public Works. The plans are currently before the State Historic Preservation Division. Unfortunately that agency is seriously understaffed. We check probably every week, every other week; and we're just waiting for those approvals. So, you know, I just wanted to kind of show you folks the effort that the applicants go through to comply with other things related to this property. So thank you. AU: Mr. Hong? HONG: I'm sorry,just for the record, on behalf of CBESS we also request a contested case hearing. AU: Ivan? TORIGOE: Yeah,thank you,Mr. Chairman. And I think CRESS was also on the initial application,was it not? HONG: Yes. TORIGOE: Okay, so they would be considered applicants also and automatically parties to the contested case. AU: Okay. Would you, would anybody like to add to that? Okay,well,thank you guys very much. I'd Eike to call,before I call up our testifiers, I'd like to call up Ms. Amy Self and our Planning Director, B7. So we do have 18 people signed up to testify; and they're all going to give their time to Mr. Sidney Fuke. So he has 54 minutes, when we get into that. Can you guys raise you right hand,please. Do you swear and affirm to tell.the truth today in front of the Windward Planning Commission? TESTIFIERS: I do. Yes. 8 2137 AU: Please state your name and where you reside before you start. LEITHEAD TODD. Bobbie Leithead Todd,Planning Director. I reside in Hilo. SELF: Deputy Corporation Counsel Amy Self, I represent the Planning Director and the Planning Department. I reside in Hilo. AU: Okay,loss our Planning Director's position changed on this application? LEITHEAD TODD: No, it has not. AU: Okay. Do you guys have any comments on what the applicant is saying or any procedures as we move forward? SELF: The way the Planning Director is viewing the process is that if it's going to go to contested case hearing then, of course,notice has to go out to the neighbors within the �rv+..auuv s------ 7 don't believe that has ..'...i...»..u...�j;�.'.k.r........ ... b.... wt+ .w vk.k.v.�,...u.J vv ar,aw.rv.ay. been addressed. ,I don't think they've been given an opportunity to intervene. TORIGOE: Nur. Chairman? AU: Go ahead, Ivan. TORIGOE: Yeah,staff indicates that Planning Department did notify everyone who was on the original list of people within the necessary permit,radius distance from the property,as well as additional people. Everyone was given,you know,notice of today's meeting that included the opportunity for intervention. And this was mailed February 15,2013. SELF: But the decision for a contested case hasn't even been made yet. So we don't,how were they notified since the decision hasn't even been made as to whether or not-? Is today the contested case hearing or-? TORIGOE: Well, I understand that the notice,they basically informed people that they had the right to file for a contested case and included the usual form. Maybe staff can confirm that. SELF: Well, you know,they would be intervenors,yes,okay. They would be-. AU: Mr. Arai? ARAI: Because of the concerns,regarding procedural concerns that were raised, as part of our normal notification to surrounding property owners regarding the upcoming,today's meeting, we included in that notice an opportunity for everyone, for the public to file for intervention in a contested case proceeding. Along with that notice was the actual petition that was included in the meeting notice. So as part of advertising today's meeting, we did include the opportunity for intervention; and that letter was mailed out of the Planning Department on February 151h. 9 2138 40 or SELF: Okay. And in that notice,were they given a deadline for when they had to submit the application by? ARAI: Pursuant to Rule 4, seven days prior to today's meeting. SELF: Okay. Then the Planning Director will not take a position on what's before you at this point. AU: Okay. Any questions for the Planning Director and Ms. Self? Okay, thank you, guys. We have 18 testifiers. And just for the record I'm going to say their names and they're going to give it all to Sidney. So Allen Novak, Layne Novak, David Camacho, Jan Yokota, June Sakamoto, Les Sakamoto, Glenn Tada,Ming Peng,Aileen Fuke, Jeff Gomes,Sidney Fuke,Jeff Gomes, Lorrin Araujo,Margaret Araujo,Fay Sakata,Wayne Kanemoto, Jan Yokoyama,Norine Okuhara, and Bishop. And so,Mr. Sidney Fuke,please come forward. And I need to swear you in before you get started. Do you swear and affirm to tell the truth in front of the Windward Planning Commission today? FUKE: I do. AU: Okay,thank you, Please state your name and where you reside, and get started. FUKE: Moming, Mr, Chairman, My name is Sidney Fuke, and I'm here kind of like reflecting a lot of the community's feelings at this point in time. I wouldn't necessarily say it's unanimous, but it seems to be like a consensus of their position at this point in time. What we'd like to share through a power point is not so much talking about the legalese aspect, you know, of what you've just heard over the last 10 or 15 minutes, you know,regarding contested case hearing,so on and so forth,but more just to give,share with the Commission from a lay's perspective or from the community's perspective where we are today and where we would hope that the Commission could take this application. Essentially what the community is saying is that"We've had enough." We've had like, and what our specific request is,is we're really asking for the Commission to vote on the pending motion to deny,which is what you have before you now,instead of going through a contested case hearing. If you understand like, you know, very, in a very elementary way,what is the purpose of the contested case hearing? It's basically to provide the decision-makers,in this case here the Commissioners,you know,with the most complete and relevant information needed so that you can make a decision. And it's also designed to give the parties,the applicant and the others,the opportunity to provide you with that relevant information. The Commission's rules itself provide an ability for the parties to waive or modify the contested case hearing process. And the question is like why? You know, it's like basically saying you can modify it, you can waive it, as long as, you know, you basically keep -. The essence or the spirit of the contested case can still be achieved through a less intimidating process. Now the process is like first you've got to have the prehearing where the parties are all identified, which is what you're trying to, what is being requested today, and the scope of the 10 2139 hearing has to be identified. Obviously, as pointed out earlier,the applicant and the Planning Department are automatic parties. Then others would be subject to the Commission's approval, And the second phase, of course, is the evidentiary portion. Then the burden of proof, as you know,like whether you're going through a contested case or even Like a noncontested case situation,or rezoning application where it's a noncontested rase situation, the burden of proof always rests with the applicant to make its case. Because it's the applicant who's requesting the special use,not the community. It's the applicant's burden. And the evidentiary portion is that the applicant makes his case, all other parties got to make their case too,the cornznunity in this case here. And there's an opportunity to provide written or oral testimonies to justify one's positions, including rebuttal information. There's an opportunity to cross-examine witness. The third phase is decision-making. Then if you do a contested case hearing,you need to have a Findings of Fact and Conclusions of Law based on the record and then, of course, the abilities of the parties to comment on the Findings of Fact and Conclusions of.Law. And then,obviously then the Commission snakes a final decision. ,.r., :+7...��c�t_� - uy�_ :.�,�., +�._ ......:�.'�':.���.:�,.•'- .,...... 4'..-zz-dy? You know,it feels .. ,._ : tii a LIIG•'U�/11!! of t��a �.Uil�(:a%Gu�:aaZ lieai ing Lias ueea diet.V Fhere was ample opportunity given by, you know,by the Commission,there was ample opportunity by the Applicant and the Community to present its case. There was sufficient information on the record to fulfill the spirit of the contested case hearing. The possible worst case scenario of a judicial appeal is probably, as was indicated earlier, a remand with instructions for a contested case hearing. And the third reason why the community is saying is enough is that, you know, we don't want, there's a festering sore, and we don't want to prolong it any more. And it provides, a decision provides an opportunity for the healing process to begin So why enough again? You know,as I mentioned earlier,the burden to demonstrate how its application meets the test for a special permit rests with the applicant. So the question is -was the applicant given sufficient opportunity to present its case? And the community obviously says yes. Now during this hearing, and why we say yes is because during these hearings the applicant was given the ample opportunity; and 1 think the operative term here is opportunity,opportunity to provide opening and closing argmuents. They were given ample opportunity to provide written and oral testimony to support its case. Sure,they weren't able to cross-examine any of the public witnesses. But,nevertheless,to supplement its case to build a record,they had the opportunity to provide written and oral testimony, and also opportunity to provide rebuttal witnesses or testimony. Okay? The other thing is like the applicant had been represented by two attorneys, including one from the State, who are or should be well aware of the process and the need to build a strong evidentiary record for their client's application,regardless of whether a formal contested case hearing is held or not. So if the applicant's witnesses were unable to fully testify because of their plane schedules or other schedules, it's still the applicant's responsibility to ask for a continuance andlor provide written testimonies to support its case or rebut any testimony. 11 2140 0 to So is there sufficient information on the record for the Commission to make an informed decision? The community believes yes And this is supported by the very fact that you already have a pending motion. So on the judicial thing, which is the second reason, if it's appealed, as you know,true the outcome sure at this point in time is unknown. But if it is denied,if the Commission denies the application the case is closed,unless it goes further on appeal, and it probably would be appealed if it's a denial. And if it's appealed and the appeal is sustained, as was mentioned earlier, probably the Court would say, Commission,you've got to hold a formal contested case hearing. So given all that that has happened to date,now I guess the community is saying why assume that the applicant's due process would be violated or compromised because of the absence of a formal contested case hearing, perhaps that direction should come from the court. The third item is like what the community is saying is enough, it's the festering sore. Everybody knows that there's a great divide between the community and the applicant. There are accusations of bullying and intimidation. There's negative publicity hurled at each other. There was actually a TRO request, which was subsequently dismissed,being made,was made against one of the residents. The community also feels that.it has been yanked back and forth with all kinds of maneuvers ranging from the tag-team of attorneys and now this contested case hearing request. The sore has festered too long and some kind of closure, even temporary, is needed If appealed- during the interim,there will be a needed time for some healing, you know,we all know that time can help heal the wounds -possible opportunity to see if the parties can work together, whether it's for this site or another location of the school. Going with the contested case bearing now provides the applicant with another bite of the proverbial"apple", resulting in this sore to continue to fester. The community would be subjected to more stress and the need to give up more of their time,like many of us have had. So, in summary,the essence of a contested case hearing has been met. There was an opportunity,again, the operative term is opportunity, for the applicant and all other interested parties,persons to participate in the hearing process and build their respective records. There is sufficient information on the record for the Commission to render a decision. The only missing component is the draft proposed Findings of Fact and Conclusion of Law, and responses or exceptions to this draft by the applicant and others. So,in summary,what the community is really requesting of the Commission,notwithstanding the advice that you've been receiving from your legal counsel, is a call for the question,and vote on the motion to deny, and hopefully deny the application without a formal contested case hearing. And then you formally adopt the Findings of Fact and Conclusions of Law after comments or exceptions have been received by the applicant and any other interested persons at a subsec}uent meeting. And this is a practice that's common with the Land Use Commission or the Board of Appeals. They make a decision and then there's the official Findings of Fact and Conclusions of Law. And that's accepted at the, adopted rather, at the subsequent meeting. Essentially the community is just saying IT'S ENOUGH. So,thank you very much. 12 2141 AU: Any questions for Mr. Fuke? Okay,thank you,Mr.Fuke. Okay,Fellow Commissioners, you guys want to -? HONG: Mr. Chair-? AU: Okay,Mr. Hong, you can come forward. HONG: I just wanted to respond to Mr.Fake's statements. And,you know, let me just be very clear. The ends do not justify the means. I don't care what the context is. Okay, the Mds de net justify the means, if that's what Mr. Duke is telling you. The Alegadel case(ALEGADEL) basically says that where a government commission establishes rules, you have to follow the rules. And people have an expectation,the public has an expectation, a right,to have those commissions,boards, and agencies follow the rules. We are asking you for nothing less than to follow the rules. Let me clarify, we have not been able to call witnesses. People testified voluntarily. A number of our witnesses had to leave. We had not had the opportunity, and Mr. Fuke agrees,to cross- examine witnesses. And why is that important? Because then we can test the accuracy of what "thev're saving. we can challenge their credibilitv`dtInte individual who is providing testimony. One of the hallmarks of due process is allowing the other party to ask questions,to test the credibility,to challenge the allegations made. And we were denied that opportunity,we never had that opportunity. We were not able to present tests, excuse me,evidence with respect to -. We submitted documents,but we did not have to, submit evidence that was taken into the record regarding any of the allegations made or the counter allegations wade. And the hearings that we went through by definition to this point don't meet the definition of a contested case. And there is no case that Mr. Fuke, or Judge Yoshioka, or anybody can cite that would say that close is good enough. That is not the case when it comes to government boards, agencies and commissions. Regardless of where I sit and who I represent every citizen has a right to the process; and that's all we're asking for. And that is not what we have gotten to this point. So in terms of the remedy that we're suggesting we feel it's appropriate. And Mr. Poke agrees that if we carry along the line that you guys are on,most likely the court is going to say, you know, chutes and ladder,you guys got to come back and there's got to be a contested case hearing. Months will have gone by,time is going to be,has gone by,the expense to my client is going to increase in amount. So instead of doing that, let's take care of this issue now. The Commission can decide and make its own recommendations based on the hearings officer's decision, like in the Pepe`ekeo Point case, and then we move on from there. Thank you. AU: Thank you,Mr.Hong. Okay,Fellow Commissioners,so what we have is we have a motion on the floor,and the motion is to deny by Commissioner Gonzales and Commissioner Ishibashi. So we, so, you know, technically we are in the discussion portion of this hearing. So if we move, as we move forward, you know,I just want to make a comment from a land use standpoint. Okay, I sympathize with the community. And, you know, they feel bullied and, you know,they feel that they were treated unfairly. And, you know,the whole situation, we've heard it for the last four hearings already. But from a land use standpoint,you know,we have the State that approves this special permit, cause the State leased them the land,we have our Planning Department approving it. So from a land use standpoint it's appropriate. But we need to do our job as Commissioners to also listen to the community, And, you know, that's why we're chosen as Commissioners, and that's our job here. So, you know, I just want to say that as we move 13 2142 forward. And what I'd like to do right now is I'd like to entertain a motion to go into executive session. GONZALES: Second, AU: You've got to make a motion first. GONZALES: I'd like to make a motion to go into executive session. TORIGOE: For the purposes of-? AU: For the purposes,to consult with our attorney? GONZALES: For the purpose of consulting with our attorney. AU: Can I get a second,please. MOSES: Second, AU: Okay, all in favor aye? COMMISSIONERS: Aye. AU: Thank you, you guys. You guys are going to have to Ieave really quick. And we're going to have to discuss a few things. EXECUTIVE SESSION—The Commission went into executive session at 9:51 am. The Commission came out of executive session at 10:22 a.m. by a motion made by Commissioner Gonzales,seconded by Commissioner Moses,and unanimously carried by a voice vote of all Commissioners in attendance. AU: Okay. Windward Planning Commission come back to order. Okay, we have a pending motion to deny. The motion was made by Commissioner Gonzales and it was seconded by Commissioner Ishibashi. So what do you guys want to do? GONZALES: Are you going to call people W. You want to go first? Comments? Anybody else? Raylene,comments before-? MOSES: No. GONZALES: No? Wally,you want to say anything? ISHIBASHI: No. GONZALES: Well, great. I think we're all in agreement if we vote on this today we're going to end up in court,we're going to end up having an appeal, we're going to end up back here doing this again. I'm personally not real thrilled with the way it's going. I mean this has been, what, four months already, four or five months? A lot of time, a lot of effort, a lot of feelings, you know,not good feelings. You know, I kind of feel intimidated, you know, so I know how you 14 2143 guys feel. I know what some of you folks are saying,but this is a rat. And with that, Mr. Chairman, I would like to withdraw my motion to deny it. AU: Okay,and my second,the Commissioner that seconded it,are you okay with that? Do you agree with that? ISHIBASHI: Yeah, I would like to withdraw my second to that motion. And,again, we're trying to give everybody a fair shot at the whole, the whole process. We're not trying to take away anybody's rigbts or privileges under the process. And 1 think we need the right information and the right questions to be asked and answered, and then we come back and make the right decision at that time. So we, I remove the second to the motion. AU: Okay,thank you very much. So the motion has been withdrawn. Are there any objections from any of the Commissioners? No objection from me. Okay, so now what we're going into is, we're going to go into a petition for standing in contested case. Can I please call up Jonelle Fukushima,please. Okay. And can I have Ms.Monica Morris,please come up, And question for Mr. Darrow. What is the procedure,process of filing for the petition for standing? What are the dates, is it postmarked, is it when you received it, when you filed it? And did this petition m pkP�t7 TORIGOE: Can address it-? AU: Ivan,please go ahead. TORIGOE: Yeah,Mr. Chairman,just going back to Rule 4-6 again. It says that, again,it says, "In all proceedings where the Commission's action is directly appealable to Circuit Court,the applicant and the Planning Director will be designated parties to the action. Any other person seeking to intervene as a party shall file a written request on a form approved by the PIanning Director and accompanied by a filing fee of two hundred dollars no later than seven calendar days prior to the Commission's first meeting on the matter." So basically it said any person seeking to intervene, besides the applicant and the Director,needs to file this form no later than seven calendar days before the meeting. AU: Okay. Mr.Arai,or Mr.Darrow,maybe if you can answer my question. Just,you know, what is the process,times, dates,whether it's postmarked, or whether you received it from the hearing that we're in now, cause we did start our hearing. Maybe you can just go over that first before I ask questions to the people here. DARROW: Thank you,Mr. Chairman. The question is whether or not the application was filed within seven days prior to this Planning Commission meeting,based on the fact that this was the meeting that they were instructed to send out a request for a petition for standing,because of the fact that there was information given before that was incorrect. This particular, we now have two petitions before us. This one from Jonelle Fukushima was received in the Planning Department March 4`h, although it's postdated on the envelope as January 281h,I'm sorry, February 281h. So to this is going to be given to legal interpretation, which I would have to defer to our Corporation Counsel in terms of whether or not we're going to consider the postmark as being filed within seven days. If we consider that then it would be timely. If we do not and we look at the date it was received,then it would not be timely. 15 2144 to AU: So the record states from when it was received,that's what it states. Right? DARROW- It says filed. AU: Filed. DARROW: Yeah. AU: Received and filed? DARROW: Well, it just says filed. That's why it's a matter of interpretation whether or not filed means received at the Planning Department or postmarked. AU: Okay,thank you. Ivan,would you like to interject or-? You know,what Ms.Morris mentioned was, you know,her interpretation was postmarked. Is that correct,Ms.Morris? Please talk into the microphone MORRIS: I live on Oahu,yeah? AU: Right. MORRIS: So,yeah,my understanding in talking with my client,the school,was that their understanding, and they probably would need to, 1 guess, clarify this,was that so long as it was postmarked by February 28`x', it would meet the filing requirement. S. LEE LOY: If I might,too -. Part of the requirement for the petition for standing requires that a notary assign on it,and that would confirm the date of the notary was seven days prior to the hearing. The other component here is I believe the following day was a furlough for the County. So it would have been received the next day,but because it was a furlough day, they didn't receive it till that Monday. AU: Ms.Fukushima, I need to swear you in. Can you please raise your right hand. Do you affirm and swear to tell the truth in front of the Hawai`i County Planning Commission today? FUKUSHIMA: I do. AU: Okay. Question that I have for you is what is your relationship with Connections,cause you do reside on Waianuenue Avenue,right? FUKUSHIMA: Correct. AU: So what is your relationship with Connections? FUKUSHIMA: Okay, I am a, first of all, I am a Kaumana resident. But currently, as of one month ago, I joined the board of Connections Public Charter School. So that's my relationship with this point. I am a new member. AU: Okay, so this petition for standing was submitted by you. But Ms. Morris has mentioned in her testimony earlier at that,you know -. She's helping you submit it? 16 2145 FUKUSHIMA: There was not clear,it wasn't very clear guidance about whether I should do it on behalf of myself or for the fact that I am now currently a board member. And so it would depend on the outcome about which way I would choose to go individually or to choose to elect to be part of the-. AU: Okay. Okay, well, you know,we just received another petition by Mr. Gomes, Mr. Jeff Gomes. And before we get into that one we need to take care of this one. Mr. Ishibashi, Commissioner Ishibashi? ISHIBASHI: I got one question. Would it be necessary to have you as a, stand,grant you standing in this contested case? FUKUSHIMA: As, like I said in, you know,for the fact that we wanted to make sure that all bases were covered and in doing the right thing and following the rules, we really didn't have the proper guidance at the time or people to really ask which way we should go, so I filed that to ensure that we would have timely ability to continue. ISHIBASHI; Okay, cause we already have two already automatic. Right? So—. MORRIS: Okay. And if I can just cianty,with respect to my representation of Connections,my interest is in representing the school,not any individual but the school. With respect to the petition filed by Ms. Fukushima that was sponsored by my client. Again, as I said earlier,that was just to ensue that the school's interests in contested case procedures were insured, because there was confusion with respect to that. But what I want to state unequivocably is that my interest is in representing the school. So long as they have automatic standing,which has been oonfirmed today,that is my interest with respect to that. AU: Okay,thank you. Ivan,you want to add to that? TORIGOE: Okay. So I guess,Ms.Morris, I don't know if this is something that you want to discuss with Ms.Fukushima or not,but we're just wondering if it's necessary for the Commission to even take up her standing if the school is already automatically a party. MORRIS: As far as the interest of the school, as long as they're an automatic party,then that's my concern. TORIGOE: So I guess the question then for Ms. Fukushuna is if the school's interests are protected in that way that they're an automatic party,do you still feel that you need to be admitted as a party`.• And would you be representing yourself,would you be hiring an attorney or-? FUKUSHIMA: No, I think that as long as it's covered then, yes,it's fine. AU: Okay, so you would like to withdraw-7 FUKUSHIMA: Yes. AU: Your petition for standing in a contested case? 17 2146 40 fir FUKUSHIMA: Yes. AU: Okay. MORRIS: Can the school get its$200 back? It's on a,it's on areal bare bones budget. I just make that request. AU: That's for our- . MORRIS: Okay, thank you. AU: Planning Department to decide. MORRIS: Thank you very much. TORIGOE: Actually the rule says that,"If the request for intervention is withdrawn in writing before the cor unencement of the hearing, the filing fee shall be refunded to the person seeking standing to.intervene." FUICUSHIMA: May I say that I did not at the time,like I said,know that I would be withdrawing it; and the rules are still ambiguous, so to speak. So whether an individual or having just the school, I feel like I could still put that in writing. I just didn't have that available, the rules. I didn't understand that that would be the process. MORRIS; Doors the school get its money back? Is that what I howl you just say? TORIGOE: Actually the rule says you have to, the rule says,this is just what the Wile says,"If the request for i0ntervention is withdrawn in writing before the commencement ofthe hearing, the filing fee shall be refunded...." So -. MORRIS: Is that the contested case hearing? TORIGOE: Contested case hearing. Well, technically the whole hearing is a contested case hearing,you know, in the sense that it is the final hearing before a decision is made that can be appealed to court. So,well,I guess at this point we'd have to leave that with the Planning Director and, if necessary, then we can consult with them. MORRIS: Thank you very much. Thank you. AU: Okay. Any more questions for-? Okay,thank you guys. You guys may be seated. Okay, we just also received another petition. And,staff,have you received a$200 check? DARROW: We have. There is one deficiency with the submittal. If you look on page 2, you'll notice that the notary public put tomorrow's date, unfortunately. And so at that point, and then it was also received today, as of today's hearing. So if you're considering this petition, it might be more appropriate to have this redone and have a correct date placed on the notary. But, again, we do, this was received today; and it did come with the$200 filing fee. 18 2147 AU: Okay with that said, our rules state,Mr. Gomes,that it needs to be in prior. It just didn't make it. It was submitted today. And because of the, also,the other deficiency on the application we will not be able to accept it. And,Mr.Fuke,please come forward. You want to say something? FUKE: Yes. AU: And then after that I'd like Ms. Amy Self and Br to also come up too. FUKE: Ms. Chairman, again, for the record, Sidney Fuke. From the get-go, I guess,this application from a processing standpoint has been so topsy turvy. I mean if you're going to just look at the rules themselves, I mean, I can just cite you, for example,it's like the applicant shall serve notice to surrounding property owners regarding the contested case hearing. Who sent that letter? The Planning Department. The other thing too, is like it says like,well,shall file a written request,inform seven days prior to the Commission's first meeting. You can debate whether this is the first meeting, the third or the fozuth,or whatever. I mean like bottom line is that there's like so much interpretations and misinterpretations as far as what the process is. So I .guess all Mr. Gomes is asking is that,fine, if it's going to be denied then I guess his only k that after you vo lbrough all this contested case hearing, Hien he'll just file an appeal that lie was denied a due process. I think for the most part if you look at due process issues, the concern is more as it relates to the intervening parties, or at least the parties that have, the parties that are not the applicant. In all of the court cases, not all,but many of the court cases that,for example,was cited today,you know, they deal like with not the applicant,they deal with other parties. So if you deny Mr. Gomes an opportunity to be a part of the proceedings, then I guess the community and everybody else would have to resign and just provide their testimony through the public bearing portion all over again,unless the record is already there that he can,for the Commissioners or the hearings officer,just accept whatever is already provided as being the record. And so having said that-. AU: Okay, Mr. Gomes,can you raise your right hand. Do you swear and affirm to tell the truth in front of the Planning Commission today? J. GOMES: Yes. AU: Okay. So, microphone please. Please state your name and where you reside and,you know,will you just explain to us the reasoning for your petition. J. GOMES: Jeff Gomes. I live in Kaumana. My reasoning is I'm not sure of what the procedures are. And,you know,I don't have an attorney. So I'm still not exactly sure what my rights are to, I feel like I'm defending my home and my family. And I'm just asking you for the opportunity to let me be a part of this process. That's my understanding of what a contested case hearing is. And I've asked Sidney to try and explain it to me. I kind of have an idea of what it is but I'm not sure. Up until today I thought a contested case hearing was going to be in front of a court. 1 didn't know it was going to be in front of you, until Sidney explained it to me again. So I want to be a part of the process. I want to be able to ask questions about what was done, what should have been done. Because 1 followed the process, I'm part of it I'm physically,mentally, and emotionally affected by everything that has been going on,myself,my family and my neighbors. And I just, I'm asking you to let me be a part of the process,please. 19 214 4 AU: Thank you. Any questions for the person,petitioner? The attorney for the County Planning Department and our Planning Director, would you guys like to add to Mr. Gomes's request or petition? SELF: On to state that the Planning Director has no objections to the intervention of either of the applicants,either of the petitions to intervene. We have no problem with that. AU: Okay,well,from a procedure standpoint and our rules,as our Commission attorney has stated that,you know, it doesn't make it,it doesn't meet the criteria. So what I'm looking at is to deny,to not grant standing. TORIGOE; It would have to be a Commission decision. AU: Yeah,that's what I recommend. And, you know,it would have to be a Commission decision, And, Planning Director, would you like add something? LEITHEAD TODD: I may not have an accurate memory,but I believe that,in the past, prior Planning Commissions have allowed people to intervene, even at,you know,the l la'hour, so to speak, as opposed to enforcing the seven-day requirement. That's entirely within your call. However,just as stated by the representatives for the applicant in an abundance of caution, I would hate to go through a contested case, deny standing, go through a contested case with Connections, then end up having an appeal, go to court, and have the court say that despite the rules we should have given standing, given the convoluted and confusing manner in which all of this has played out. And so it's kind of like what harm does it have to the applicant if you allow Mr. Gomes to intervene. Because if you deny, given this strange procedural history that we have here,and we end up in Circuit Court and the Circuit, we go through this and one way or another we get a decision,cause we haven't even addressed whether,I think, at least Ihaven't heard conclusively whether you're hearing it or whether it's going to a hearings officer-. But you could go through this whole, deny standing, go through this whole process, and then go to Circuit Court; and then Circuit Court says, you know,because you're dealing with pro se, somebody who's not represented by counsel,because you're dealing with something that got very confusing that we should have erred on the side of caution and allowed him. And 1'd hate to go through all of this and then have a remand to then allow Mr. Gomes to have standing. And I'm just saying I don't know what the Court would do;but I'd rather have him in and delete that as one possibility for appeal,than deny and then have that hanging over my head like a sword. Thank you. AU: Okay,Mr. Hong,where is your applicant's position on Mr. Gomes's petition? HONG: You know, I think the Planning Director's perspective is entirely reasonable but here's where I'm coming from. The notary page says, is defective; and it's defective as a matter of law. And my suggestion is that maybe the Planning Department in the future take off the requirement for the notary. But right now, and this is actually a mistake that could affect this individual's right to be a notary because this is completely wrong as a matter of law. I mean if the rule requires a notarized petition, I'm sorry,but today is March 7rh. And this notary can be held legally responsible for this. But,you know, again I hear what Ms. Leithead Todd is saying. I think that's reasonable. I'm just coming from, you know, the procedure and this is inherently defective. Thank you. 20 2149 AU: Okay,Mr.Hong,if we were, if this Commission,this body, was to grant standing to Mr.Gomes,how will it affect-? Or maybe I should be asking Ms. Fukushima, how will it affect your stance on that? Because, you know,we want to err on the side of caution. And, you know, since we're giving a break to somebody else, and this is the same special permit that we're going into,how do you feel about Well, I mean,Connections, you represent Connections,no,you represent CBESS. Yeah, I'm just a little confused here on who's-. TORIGOE: Mr. Chair, I think we need a discussion with the AG and Ms. Fukushima. It seemed like Ms. Fukushirna's petition was filed in an abundance of caution to make sure that, you know, both CBESS and the School were represented as parties. And since they both are,then they felt like it was okay for her not to get standing here. It's a little different. So, you know, I think if you guys, you know, if it's expressions of the need to be flexible and equitable in this kind of situation then, so you may want to consider that. If you need another executive session,we can do that too. AU: Commissioner Moses? MOSES: Yeah,Chair Au. Is it possible to have somebody explain for the benefit of Mr. Gomes wed what happens in a contested case? And is that possible--so that he has understanding of exactly what happens and what occurs? AU: Okay. Yeah, we have a room full of attorneys so if one of you can take it? TORIGOE: Let Mme just,real quick. AU: Okay,thank you, Mr. Torigoe. TORIGOE: Mr.Gornes,I assume that you have,you said that you talked to Mr. Puke already; and Mr. Fuke is pretty well informed about this process. But real generally you understand that in a formal contested case then this can be as informal as the parties agree or it can be fairly trial lice. And it allows for things like the parties calling witnesses,and asking any questions,just lice in court to testify. And it allows us,for the other parties to cross-examine the witnesses,ask them questions,to test what they're saying and their credibility. It also allows for the parties to ask for subpoena of other witnesses,or other witnesses,if necessary,and things of that nature. And so it allows for development of a relatively full, almost trial like record if that's what the parties want to do. So,just so you understand that that's the kind thing that a contested case is likely to entail with all these attorneys involved. And probably the main reason why people also request standing is so that they will have the right to pursue appeal to court,if necessary, from the final decision. So I guess the Chair,or Commissioner Moses just, I think,wanted to make sure you understood the kinds of demands that would be put upon you if you were a party to the contested case, and that often times people will have an attorney to help them with that kind of thing. AU: Thank you. Mr. Arai,where are we with a contested case,possibly having two, three, four contested cases with this applicant? I mean do we have enough money in our funds? Where are we? It's all going to be one contested case? 21 2150 ARAI: We do have the ability to hire a hearings officer. I cannot guess as to the length of the hearing itself. We've had recent hearings that have gone from as little as $20,000 for a particular session up to a 40, $40,000. All I can say at this point is if the Commission elects or refers this contested case proceeding to a hearings officer we will get a hearings officer for you. So don't let that be,weigh on your judgment, AU: Ivan? TORIGOE: Yeah. One of the factors that may weigh into the kind of contested case that happens is the extent to which the parties might be agreeable to using some of the existing record, rather than, you know, doing everything all over again. So I wonder if we could ask the parries if they would be agreeable to doing that, to the extent that is practical. AU: Yes. if all parties are agreeable to use the existing record as a basis for the contested case proceedings, HONG: Speaking on behalf of CBESS,I mean, I don't believe that I'm trying to extend or,I don't want to overcharge my clients, obviously. And I'm not going to try and build, increase the bills on behalf of my client. To the extent that I can use part of the record, I obviously want to use part of the record. But I know that what is absent from the record is our ability to challenge the credibility of some of the allegations made, and what the accuracy of those allegations are that were made. So insofar as that is concerned, I'm not going to agree to anything that would, to have unsubstantiated testimony that was given at a public hearing used against my client without me having the opportunity to cross-examine that individual, So yes and no, And obviously I don't want to have to spend any more time in a contested case than I have to. So I'm going to try and,on my client's behalf,make it as efficient as possible. AU: Ms. Morris? MORRIS: Thank you. I would likewise want this to be acted upon in as efficient a manner as possible. Time means money for my client~ There is an application that's being prepared to the USDA for low interest loans so that facilities could be built should the special permit application be approved. So,so, a drawn out process would not be to the benefit of my client. So I would agree to the extent possible to move this along as quickly as possible,and without waiving my client's rights and interests. Whatever can be used,provided on the record previously,would be to the advantage in moving this along as efficiently as possible. What 1'd also kind of like to express a concern is that I know with respect to pro se persons who are not represented by counsel, courts are generally very hiberal in allowing latitude to that because they're not represented by counsel. What I would,however,urge that whoever is presiding over the contested case that there not be undue delay associated with a pro se party, So, again, if I could just ask that this matter be moved along as quickly as possible without compromising my client's due process rights, ISHIBASHI: I have a question. AU: Commissioner Ishibashi. 22 2151 ISHMASHI: The intent is not to stymie or hold back any participation from the public though, right? HONG: Not at all. ISHIBASHI: Okay. So because they're on the record they have the right to be cross-examined and testify? HONG: Dight. ISHIBASHI: Okay, thank you. AU: Okay, so all parties,Ms. Self or BJ,where is your position on this? SELF: I think that everything that's been on the record already is going to be a part of this because you have each of the testifiers were sworn under, testified under oath. It's a public hearing. All of these are have been public hearings. So I think that that information that has come before you already would automatically be part of the record. I guess you could, I guess U10 UdtLLc.S tiVULU UCV1UG w311ILL �1 .' lrui to �.i:.,Y .r auu �.��;:��_•�.�;;�,uCilce during the hearing. But a5 tar as,wea,tnars tine only ming we had io add. Did you want to say anything else? LEITHEAD TODD: That's all. AU: Okay. Well, this Commission, this body needs to decide if Mr. Comes's petition stands,if we can give hien standing. And what I'd Iike to add to it is bccausc we're doing,possibly doing that,then 1 want to offer it to Ms. Fukushima as well. We want to,just like our Planning Director said,to err on the side of caution;and I understand there's no reason to because CBESS and Connections is already, you know,they already have the contested case. We're offering it. So if this body chooses to -- MOSES: Are you requesting a motion? AU: No,no. We don't need to request a motion for the petition. TORIGOE: You need a motion,a motion to grant standing. ISHIBASHI: If it's necessary, I make a motion that we grant standing for Brother Gomes. MOSES: Second. ISHIBASHI: If it's necessary. If it's not because it's part of the record already-. TORIGOE: You should have a motion. ISHIBASHL Okay, I matte a motion that we accept Jeffrey Gomes's petition for standing in this contested case. AU: The motion by Commissioner Ishibashi is to grant standing to Mr. Gomes. 23 2152 MOSES: Second. TORiGOE: Yeah,Mr. Chairman,staff suggests, and I think it's a good idea,that if there's going to be a motion Iike that that it be conditioned on Mr. Gomes getting that notary corrected. GOMES: I will. TORIGOE: And that should be done,what,you think that should be done today? Is that-? GOMES: Yes. AU: Okay. So the motion is by Commissioner Ishibashi and seconded by Commissioner Moses. Discussion? Yeah,guys, this has been going on,it has been pretty crazy. We have a lot of things that we're looking at. And just like I said, I think we need to err on the side of caution. So we'll take this motion first. And if there's no other discussion,we'll vote on it. DARROW: Thank you,Mr. Chairman. The motion before us is to grant standing in a contested case to Jeffrey Gomes. With that I'll take the roll call. Commissioner Ishibashi? ISHIBASHI: Aye, DARROW: Commissioner Gonzales? GONZALES: Aye. DARROW: Commissioner Moses? MOSES: Aye. DARROW: I'm sorry, I was out of order. But, Mr. Chairman? AU: Aye. DARROW: With that,the motion passes four to zein. AU: Okay. You'll be notified in writing. And now I'd lake to entertain a motion to grant Ms. Fukushima's petition for standing,if she chooses to,if she wants to. Maybe Ms. Fukushima can -? FUKUSHIMA: No. AU: Okay,but it is on the record that-. Can you just come up and speak into the microphone. You're sworn in so you can go ahead. FUKUSHLMA: Thank you. No, I do not wish to have mine, I wish to withdraw it. I do have a comment though as a private citizen and kind of observing. Not only is it eye-opening but it's very interesting to me how the rules may change. 1 understand in the nature of wanting to save time acid a31 the projected,where it may end up and what the court might say, and whatever. This -. It's disturbing to ane,just as a person listening, not in connection,in relationship to 24 2153 Connections. But I raised my children in this community. I think had the shoe been on the other foot,had maybe it been me,had I finned it in-. Because we were talking about the post mark, the notary of mine,which I read what you read. 1 had the opportunity, I took time off my job to go pay for the notary to do the best that I could with it. And you're right,a lot of the information was not forthcoming or easy to understand. But I did the best that I could as a single mother of three kids and as a business owner to make the time and to try and find out the best information I could. And so for future reference, I'd like to say it isn't fair to me as a private citizen. I'm fighting for the rights of my children as well,born and raised in Kaumana. And so I would say to you, Mr. Gomes as well, that it saddens me that our community of Kaf1aana and the way that you guys talk about community, you don't represent the entire community of Kaumana. There are a great many people in Kaumana who have not come forward to speak out of fear of the backlash from the minority of those who are speaking here today, I being one. And I'm coming forward to,I just wanted to say for future reference, it just felt like a big waste of time that I had to go and do and jump through hoops to get my, you know Anyway,thank you very much. I appreciate it. Thank you. AU: Ivan? - - — - - -- -gin ine record and make sure stat there's no question with the Commissioners that the CBESS and the Schooi, Connections itself, are automatic parties to the contested case. AU: Okay. TORIGOE: Okay,thank you. AU: So, Fellow Commissioners,we are well aware of that,right? GONZALES: Yes. AU: Okay. So next thing we need to do is we need to decide as a Commission if we want to be the hearings,if we want to hear this petition or if we want to hire a hearings officer. So,we're ready to entertain a motion. MOSES: I make a motion that we have a hearings officer. AU: That we hire a hearings officer. MOSES: Yeah,hire a hearings officer. ISHIBASHI: Second. AU: Okay, discussion? Yeah,with what Mr. Arai said that we do have the resources that is Limited, but we do have the resources, I think that would be the smartest thing to do considering how this whole applicant is going. Commissioner Moses? MOSES: f do have a question though. AU: Yes. 25 2154 MOSES: And maybe you can clarify. We talked about the record. What is going to be given to the hearings officer in this contested case? And is it, you know, it was asked if, you know, what should be given as far as record. And I'd like to see the entirety of the record be given,in its entirety. AU: Well, we do have the entirety. I got a big box back here, they can take a look at it. But we do have our CDs. So the hearings officer,if we choose to hire a hearings officer,the hearings officer will get all that information. A CD was submitted to us, 1 believe it's like 2000 pages, things that we've been receiving for the last four months. Even going into the First bearing we got all these binders. Sol hope that answers your question. And maybe Ivan can interject. TORIGOE: Yeah. I'd just say that, yeah, the entire record is what it is. But in a contested case hearing there would probably be some discussion about what parts of it should be given formal status as exhibits or, and then what kind of cross-examination may occur. So there will be some discussion about the weight and importance and credibility of the evidence in the course of the contested case hearing. AU: Okay,thank you, Ivan. Good question,Commissioner Moses. TORIGOE: You can take the vote if there's no other discussion -. AU: Yeah. If there's no other discussion,we'll go,we'll take a vote. Mr. Darrow? DARROW: Thank you, Mr. Chairman. The motion before us is to hire a hearings officer. With that,I'll take the motion, or the vote. Commissioner Moses? MOSES: Aye. DARROW: Commissioner Ishibashi? ISHIBASHI: Aye. DARROW: Commissioner Gonzales? GONZALES: Aye. DARROW: And Mr. Chairman? AU: Aye. DARROW: The motion passes four to zero. AU: Everybody will get notified in writing. Thank you. For all parties, CBESS, Connections, County of Hawaii Planning Department,petitioners,Mr. Gomes, Ivan,does anybody have anything to say? Put it on the record now. Any other issues? Mr. Hong? HONG: I'm sorry,I'm just being too fundamental, l mean elementary. But was there a motion to grant the contested case hearing? Is that necessary or-? 26 2155 TORIGOE: I really don't thunk that's necessary-. HONG: Oh, good. TORIGOE: At this point. And if any of the Commissioners disagree then we should know now. But it is inherently a contested case. HONG: Okay, sorry, thank you AU: Mr. Gomes? GOMES: May I retrieve my original petition and I'll go get it corrected. AU; Yes. The original petition,I believe Mr.Darrow has it. And anybody else? Okay, well, thank you very much. We'll see you guys later. Everybody will be notified in writing. Thank You. The discussion ended at 12:07 p.m. , �.wya,uuiiy auvllll��l'd, Sharon M.Nomura, Secretary Windward Planning Commission 27 2156 f aTed H.S. Hong Attorney at Law Y sir y`�I Employment,Worhpiwe Law&LIL!gafioe ' Sue Lee Loy `v-! Planner and Legal Assistant March 13,2013 l•. 1' The Honorable Bobby Jean Leithead-Todd,Director Major Randy Apele County of.Hawaii Planning Department County of Hawaii Police Department 101 Pauahi Street Suite 3 349 Kapiolani Street r Hilo Hawaii 96720 Hilo Hawaii 96720 y.. The .Honorable J Yoshimoto Gordon Heit,Land Manager k .; Hawaii County Council Department of Land and Natural Resources is ti iii i' 25 Aupuni Street State of Hawaii Hilo, Hawaii 96720 75 Aupuni Street Hilo,Hawaii 96720 Kelly Gornes,Engineering Division County of Hawaii Department of Public Works 101 Pauahi Strcet,Suite 2 Hilo,Hawaii 96720 RE: NOTICE OF ACTIVITY REALTED TO THE REMOVAL OF TRASH AND RESTORATION/REFORESTATION PLAN fT r i J SPECIAL PERMIT APPLICATION(SPP 12-000138) r}4`tt Applicant; Connection New Century Public Charter School and Community Based Education Support Services(CRESS) Request: To Develop a K to 12 Charter School Campus with Dorm Facilities,Intergenerational Programs,a Sustainable Agriculture Program and a Forestry/Conservation Program Tax Map Key:(3)2-5-006:141 Aloha: 'Che purpose of this letter is to provide your department with formal notice about activity that will occur at the above-reference property,hereinafter"Property,"and a general outline or guideline of activity anticipated at the Property associated with the removal of trash and a restoration/refomstation plan. As discussed at the Planning Commission Hearing of March 7,20I3, Connections is in receipt of a fully executed copy of General Lease No. S-6029, hereinafter"Lease." The Lease,which commenced on t February 1,2013,authorizes Connections to enter and occupy the Property. Condition 35 of the Lease provides the following: The Lessee shall he responsihle.for the renioval q all illegally dumped trash upon the premises within,rhWv(90) days fironr the dale of execution of the lease and.shrill so notrfv the Lessor in writing tit the end of ninety(90) days. A copy of the entire Lease is attached hereto,. SExhixai� �- Y TJ P.O. Sox 42 17 Hilo, Hawaii 96720 Phone: (808) 960-31 56 E-Mail:i t,lggltecfhar-a-_& 2157 Al Ms.Leithead Todd,Major Apele,Councilmember Yoshimoto,Mr.Heit and Mr. Gomes 7 RE:NOTICE OF ACTTVM REALTED TO THE REMOVAL OF TRASH AND '3l iii .c,.;-:;t � . RESTORATION/REFORESTATIONPLAN March 13,2013 Page 2 On October 26,2012 the Board of Land and Natural Resources,hereinafter"Board"heard an +'91�!`~ =,1 enforcement violation for the Property and provided Connections with corrective actions to address the violation. The Board's decision reads as follows"recommend Connections to submit to the Department a Restoration Plan within 60 days,from the date p f this Board's action at Connections'expense." A copy =, of the Restoration (Reforestation)Plan, prepared by David Miranda is attached hereto as Exhibit B On March 18,2013, pursuant to Conditions 35 of the Lease and the directive of the Board's decision of October 26 ,2012,Connections will conunence with the removing of the illegally dumped trash upon the Property and implement the Restoration (Reforestation)Plan. The following is a general outline of the activities that will occur. Types of activity-that will occur at the Pt•operty hr' - document presences/coileet/gatlier/pile various types of illegally dumped trash; removal'of trash; ' - remove damaged plants and/or invasive species; remove/control'weed and/or vegetation for the maintenance of the perimeter fence and fence line- r4 ' r - general maintenance and weed and/or vegetation control along Edita Street(within the County �,y.ltJr�' "fr �JFif ��-; ;•;r.,<.,;. right-of--way) fronting the Property; establish"planting zones"for the restoration and reestablishment of native plants and other V, species located at the Property; createldevelopment of a list of plant species appropriate for rep Ian ting/restoration/reforestation; FF - create/development of mapping information related to plant species location upon the Property; gather seed,seedlings and other propagative material to assist with replanting/restoration/reforestation; periodic security checks at the Property; Property stewardship and general care. Hours of Activity Activities are planned at the Property between the hours of 8 a.m.and 4:00 p.m,Monday through Friday. No activities are planned or will occur on a weekend or a holiday, -'• Trash may include but not be limited to discarded household items,plastic containcrs,tires,car batteries,wood or lumber remnants, used coolant or oils either cooking or motor,roof iron or wires of all types and any and all junwanted'stems found on the Property. Connections will document the location and type of trash found And should there be a need,Connection shall properly dispose of these illegally dumped items. z Y require P (pick-up 3 type necessary staging This ma r uire the need for personal vehicle pick-u truck of some t and/or if necessa the sta m of a dumpster. 3 Items associated with this activity will include chain saws,fuelioil for the same,weed eaters ftieiioillline for the same,machetes,heavy pruning saws,pruning shears,shovels,picks,Wo digging bars and any other tools needed to achieve the goal of removal or control. 2158 t+s \ Ms. Leithead Todd,Major Apele,Councilmember Yoshitnoto,Mr.Heit and W.Gomes RE: NOTICE OF ACTIVITY REALTED TO THE REMOVAL OF TRASH AND RESTORATION/REFORESTATION PLAN March 13, 2013 Page 3 4i. tzl Individuals associated with Activity y�*`Sjtti.1 ' Approximately three(3) or four(4)adults(staff/faculty)and no more than ten (10)students along with y', the associated vehicles will be at the Property. A comprehensive review of all the applicable land use rules,regulations,codes and governances conclude that the activities discussed above are appropriate and allowable. Should there be any concerns regarding these activities or the need to address other concerns that may arise,please feel free to contact Sue Lee Loy via email at sue@tedhonglaw.com or at 933-1919. It continues to be the goal of the Connections and ``` %•°-'-j;�,•''�` CBESS to address concerns related to the Property. ' Sincerely, .:1. H 16q7 Ted ong,aq. `3 C. Deputy Attorney General Monica T. Moms,Esq. ==` C'onnections/CBESS 2159 i 1 2160 f 4� I{ I\ �1 LAND COURT SYSTEM } _ REGULAR SYSTEM Reti,i rn by Mail i ) Pickup ( } To: Total Number_of Pages : Tax Map Key No. (3) 2--5 D O 6 :141 GENERAL LEASE NO. 5-5029 between STATE OF HAWAII and CONNECTIONS NEW CENTURY PUBLIC CHARTER SCYCOL, a public charter school under the State of Hawaii Situate a4- Ponohawai , South Hilo, Island of Hawaii, Hawaii Consisting of Mauka Parcel containing an area of 32 . 916 acres, subject to easements, and Makai Parcel containing an area of 37 . 227 acres for school purposes 4 Ti 1v 4 3 .FiOC Ex�r' 2161 TALE OF CCNTENTS Page TERM OF LEASE . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . 1 2UQ\rtJP.L RENTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 REOPENING OF ANNUAL _RENTAL INTEREST RATE/SERVICE CHARGE . . . . . . . . . . . . . . . . . . . . . . . . 2 RESERVATIONS : 1 . Minerals and waters 3 2 . Ownership of improvements . . . . . . . . . . . . . . . . 3 AGREEMENTS AND COVENANTS FETWEEN PARTIES : 7 . Taxes, assessments, etc . . . . . . . . . . . . . . . . . . . 4 2 . Utility services 4 3 . Covenant against discrimination . . . . . . . . . . . 4 4 . Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 5 . Waste and unlawful , improper or offensive use of premises 4 6 , Compliance with laws 4 7 . Inspection of premises 4 8 . Improvements 5 9 . Repairs to improvements . . . . . . . . . . . . . . . . . . . 5 10 . Liens . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 11 . Character of use 5 12 . Assignments, etc. 5 13 . Indemnity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 14 . Costs of litigation . . . . . . . . . . . . . . . . . . . . . . . 6 15 . Breach . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 16 . Condemnation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 17 . Right to enter 7 18 . Bond, performance . . . . . . . . . . . . . . . . . . . . . . . . . 7 19 _ Extension of time . . . . . . . . . . . . . . . . . . . . . . . . . 7 20 . Quiet enjoyment . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 21 . Surrender or termination . . . . . . . . . . . . . . . . . . B 22 . Non-warranty 8 23 . hazardous materials . . . . . . . . . . . . . . . . . . . . . . . 8 24 . Hawaii law . . . . . . . . . . . . . . . . . . . . . . . . . . 9 25 . Exhibits - Incorporation in lease . . . . . . . . . 9 26 . Headings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 27 . Partial invalidity 5 28 . Withdrawal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 29 . Termination by either party id 30 . Non-use and abandonment . . . . . . . . . . . . . . . . . . . 10 a7ilga_J 1iCiC i 2162 TP.E-LE OF CONTENTS !cont ' d f Palo 31 . Building construction . . . . . . . . . . . . . . . . . . . . . 10 32 . Clearances . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . 10 33 . Time of essence . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 34 . Historic preservation . . . . . . . . . . . . . . . . . . . . . . 10 35 . Removal of trash 10 36 . Phase I environmental site assessment . . . . . . 11 37 . Survey and boundary stakeout 11 DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 SIGNATURE PAGE . . . . . . . . . . . . . — . . . . . . . . . . . . . . . . . . . . . . 13 ACKNOWLEDGMENT PAGE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4"'174 q I Iron 1 1 2163 STATE OF HAWP PLEASE DQ NOT r,EPfiRTMENT OF LAND A14D 14A GATE DOCUMENT GENERAL LEASE 140. THIS LIGASE, made this day of 20 by and between the STATE OF HAWAII, hereinafter referred to as the "Lessor, " by its Board of Land and Natural Resources, called the "Board, " and CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL, a public charter school under the State of Hawaii, whose address is 174 Ka.mehameha Avenue, Hilo, Hawaii 96720, hereinafter referred to as the "Lessee. " WITNESSETH: The Lessor, pursuant to Section 171-95 (a) (2) and Section 171-95 . 5, Hawaii Revised Statutes, and Charter signed by the Governor of the State of Hawaii , the Chairperson of the Board of Education, and the Superintendent of Education, an May 5, 2000, for and in consideration of the terms, covenants and coridiri ons herein contained., all on the part of the Lessee to be kept, observed and performed, does lease unto the Lessee, and the Lessee does lease from the Lessor the premises situate at Ponahawai, South Hilo, Island of Hawaii, Hawaii, identified as "Connections New Century Public Charter School, Mauka Parcel " more particularly described in Exhibit "A" and delineated on Exhibit "B, " both attached hereto and made parts hereof, grid "Connections New Century Public Charter School, Makai Parcel" more particularly described in Exhibit "C" and delineated on Exhibit "D, both attached hereto and made parts hereof. TO HAVE AND TO HOLD the leased premises unto the Lessee for the teim of sixty-five (65) , commencing on the day of _ , 20 up to and including the day of , J. unless sooner terminated as h e.reina-fter provided, the Lessor reserving and the Lessee yielding and paying to the Lessor at the Office of the Department of Land and Natural Resources, Honolulu, Oahu, State of Hawaii_, an annual rental as provided hereinbelow, payable in advance, w; thout notice or demand, in equal semi-annual installmenrs on __ and - of each and every year during the term as #ollows: A. For the first Len (1- 0) years, the sum of FOUR HUNDRED EIGHTY ANO NO/100 DOLLARS ($4$0 . 00) per annum. a7 r7 as � .na 2164 B. The annual rental reserVe6 shall be reopened and redetermined on tenth (10th) , twentieth (2oth) , thirtieth (3oth.) , fortieth (40th) , fiftieth (50th) and sixtieth (50th) years . C. Determination of rent upon reopening The rental for any ensuing period shall be the fair market rental at the time of reopening . At least six_ months prior to the time of reopening, the fair market rental shall be determined by: (1 ) An employee of the Department of Land and Natural Resources qualified to appraise lands; or (2) A disinterested appraiser whose services shall be contracted for by the Board. Lessee shall be notified of the determination by certified mail , return receipt requested . Lessee must notify Lessor in writing within thirty (30) days after receipt of the determination that Lessee disagrees with the fair market rental as determined by the board' s appraiser and that Lessee has appointed ir;s own appraiser, whose name and address shall be stated in the notice . The determination shall be deemed received by Lessee on the dare the Lessee signs the return receipt or three (3) days after rrailir'iq, whichever occurs first . Within sixty (50) days of Lessor' s receipt of Lessee' s notification, Lessee' s appraiser and the Board' s appraiser shall appoint a third appraiser, unless Lessee ' s appraiser and the Board' s appraiser have agreed upon the fair market rental , and the fair market rental shall be determined by arbitration as provided in chapter 558A, Hawaii Revised Statutes . The Lessee shall nay for the Lessee' s own appraiser, the Board shall pay for its appraiser, and the cost of the third appraiser shall be borne equally by the Lessee and the Board. In the event that the fair market rental is rdt finally determined before the reopening date, the Lessee shall nay the rental as determined by the Board' s appraiser until the new rent is determined, and the rental paid by Lessee shall then be subject to retroactive adjustments as appropriate . Should the Lessee fail to notify Lessor in writing within thirty (20) days after receipt of the determination that Lessee disagrees with the fair market rental as determined by the Board' s appraiser and that Lessee has appointed its own appraiser, then the fair market rental as determined by the Board' s appraiser shall be deemed to have been accepted by Lessee and shall be the fair market rental as of the date of reopening . D. The interest rate on any and all unpaid or delinquent rentals shall be at one percent (10) per month, plus a 9'17784 1.UnC 2 2165 service charge of FIFTY z1JL 140/1 00 DOL I�kPq !$50 , 00,1 a mcnth =or each del inquer,t payment . RESERVING UNTO THE LESSOR THE FOLLOWING: 1 . Minerals and waters . (a) All minerals as hereinafter defined, in, on or under the premises and the right, on its own behalf or through persons authorized by it , to prospect for, mine and remove the minerals and to occupy and use so much of the surface of the ground as may be required for all purposes reasonably extending to the mining and removal of the minerals by any means whatsoever, including strip mining. "Minerals, " as used herein, shall mean any or all oil , gas, coal , phosphate, sodium, sulphur, iron, titanium, gold, silver, bauxite, bauxitic clay, diaspore, boehmite, laterite, gibbsite, alumina, all ores of aluminum and, without limitation thereon, all other mineral substances and ore deposits, whether solid, gaseous or liquid, including all geol-hermal resources , in, on, or under the land, fast or submerged; provided, that "minerals" shall not include sand, gravel, rock or other material suitable for use and used in .general construction in furtherance of the Lessee' s permitted activities on the premises and not for sale to others. (b) All surface and ground waters appurtenant to the premises and the rJ,ght on its own behalf or through persons authorized by it, to capture, divert or impound the same and to occupy and use so much of the premises required in the exercise of this right reserved; provided, however, that as a condition precedent to the exercise by the Lessor of the rights reserved in this paragraph, just compensation shall be paid to uhe Lessee for any of Lessee ' s improvements taken . 2 . Ownership of improvements. The ownership of all improvements of whatever kind or nature, including but not limited to fences and stockwater system(s) located on the land prior to or on the commencement date of this lease, excluding those improvements constructed during the term of this lease unless provided otherwise. SUBJECT To the rights of native tenant3 and to regulatory rights and ownership rights (if any) of the State of Hawaii established pursuant to state law including Chapter 6E, Hawaii Revised Statutes, over prehistoric or historic remains found in, on, or under the land. a'777g9 I.nOC 2166 r 1 i 0 THE LESSEE COVENANTS AND ----3REES WITH THE LESSOR SS FOLLOWS: 1 . Taxes, assessments, etc. The Lessee shall pay or cause to be paid, when due, the amount of all taxes, rates, and assessments of every description as to which the premises or any part , or any improvements, or the Lessor or Lessee, are now or may be assessed or become liable by authority or law during the term of this lease; provided, however, that with respect to any assessment made under any betterment Ur- improvement law which may be payable in installments, Lessee shall be required to pay only those installments, together with interest , which becomes due and payable during the term of this lease . 2 _ Utility services . The Lessee shall be responsible for obtaining any utility services and shall pay when due all charges, duties and rates of every description, including water, sewer, gas, refuse collection or any other charges, as to which r.he premises or any part. , or any improvements, or the Lessor or Lessee may become liable for during the term, whether assessed to or payable by the Lesser or Lessee . 3 . Covenant against discrimination. The use and enjoyment of the premises shall not be in support of any policy which discriminates against anyone based upon race, creed, seg[, color, national origin, religion, marital status, familial status, ancestry, physical handicap: disability, age or HIV (human immunodeficiency virus) infection. 4 . Sanitation. The Lessee shall keep the premises and improvements in a strictly clean, sanitary and orderly condition . 5 . _Waste and unlawful , improper or offensive use of remises . The Lessee shall not commit, suffer or permit to be committed any waste, nuisance, strip or unlawful , improper or offensive use of the premises or any part , nor, without the prior written consent of the Lessor, cut down, remove or destroy, or suffer to be cut down, removed or destroyed, any trees now growing on the premises . 6 . Compliance with laws. The Lessee shall comply with all of the requirements of all municipal , state, and federal authorities and observe all riunicipal , state and federal laws applicable to the premises, now in force or which may be in rorce . 7 . Inspection of premises . The Lessee shall permit r.hP Lessor and its agents, at all reasonable times during r—he 4rn44 1.vOC d 2167 lease term, tc, enter the premises and examine the state of its reUair and condition. 6. Improvements . The Lessee shall not at any time during the term construct , place , maintain and, install on the premises any building, structure or improvement of any kind and description except with the prior written approval of the Board and upon those conditions the Board may impose, unless otherwise provided in this lease . The Lessee shall ow-r? these improvements until the expiration or other termination of the lease , at which time the ownership shall at the option of the Lessor, remain and become the property of the Lessor or shall be removed by Lessee at Lessee' s sole cost and expense _ Upon termination and/or expiration of the lease and if desired by the Lessor, the Lessee at its expense, shall remove any and all improvements installed or constructed upon the premises and restore said p.rernises to a condition satisfactory to the Lessor. 9. Repairs to improvements . The Lessee shall , at its own expense, keep, repair, and maintain all buildings and iinprovements now existing or hereafter constructed or installed on the premises in good order, condition and repair, reasonable wear and tear excepted. I0 . Liens. The Lessee shall not commit or suffer anv act or neglect which results in the premises, any improvement , oi' the leasehold estate of the Lessee becoming subject to any attachment , lien, charge, or encumbrance, except as provided in this lease , and shall indemnify, defend, and hold the Lessor harmless from and against all attachments, liens, charges, and encumbrances and all resulting expenses . 11 . Character of use . 7-he Lessee shall use or a=llow the premises leased to be used solely for school purposes . 12 _ Assignments: etc_ The Lessee shall not sublease, subrent , transfer, assign, or permit any other person to occupy or use the premises or any portion or transfer or assign this lease or any interest therein, either volun*arily or by operation of law, without the prior written approval of the Board. 13 . Indemnity. The Lessee shall indemnify, defend, and hold the Lessor harmless from and against any claim or demand for, loss, liability, or damage, including claims foz bodily injury, wrongful death, or property damage, arising out of or resulting from: 1 ) any act or omission on the part of Lessee 4'1:7a4 w�.RCr. 5 2168 relating to Lessee ' s 'ase, occupancy, maintenance , or enjoyment of the rremises; 2) any failure on the parr of the Lessee to maintain the premises and sidewalks, roadways and parking areas adjacent thereto in Lessee ' s use and control , and including any accident ; fire or nuisance, growing out of or caused by any failure on the part of the Lessee to maintain the premises in a safe condition; and 3) from and against all actions , suits, damages, and claims by whomsoever brought or made by reason of the Lessee ' s non--abservance or non-performance of any of the terms, covenants, and conditions of this lease or the rules, regulations, ordinances, and laws of the federal , state, municipal or county governments . 14 . Costs of liti ation. In case the Lessor shall, without any fault on Lessor' s part, be made a party to any litigation commenced by or against the Lessee (other than condemnation proceedings) , the Lessee shall pay all costs, including reasonable attorney ' s fees, and expenses incurred by or imposed on the Lessor; furthermore, the Lessee shall ray all costs, including reasonable attorney ' s fees, and expenses which may be incurred by or paid by the Lessor in enforcing the covenants and agreements of this lease, in recovering possession of the premises , or in the collection of delinquent rental , taxes , and any and all other charges . 15 . Breach . Time is of the essence in this agreement and if the Lessee shall become bankrupt_, or shall abandon the premises, or if this lease and premises shall be attached or taken by operation of law, or if Lessee shall fail to observe and perform any of the covenants, terms, and conditions contained in this lease and on its part to be observed and performed, and this failure shall continue for a period of more than sixty (60) days after delivery by the Lessor of a written notice of breach of default and demand for cure, by personal service, registered mail or certified mail to the Lessee at its last known address and to each holder of record raving a security interest in the premises, the Lessor may, subject to the provisions of Section 171 -21 , Hawaii Revised Statutes, at once re-enter Lhe premises, or arty part , and upon or without the entry, az its option, terminate this lease without prejudice to any other remedy or right of action far arrears of rent or for any preceding or other breach of contract ; and in the event of termination, at the option of the Lessor, all buildings and improvements shall remiain and become the property of the Lessor or shall be removed by Lessee ; furthermore, Lessor shall retain all rent paid in advance to be applied to any damages. 15 . Conderu,atior.. If at any time, during the team of a»7740_1.Doc 6 2169 this lease, any portion of the preudse-s should be condemned, or required for public purposes by any county or city and county, Lhe rental shall be reduced in oro-portion to the value of the portion of the premises condemned. The Lessee shall be entitled to receive f=or, the condemning authority (a) the value of growing crops, if any, which Lessee is not permitted to harvest and (b) the proportionate value of the Lessee ' s permanent improvements so taken in the proportion that it bears to the unexpired term of the lease; provided, that the Lessee may, in the alternative, remove and Zelocate its improvements to the remainder of the lands occupied by the "Lessee . The Lessee shall not by reason of the condemnation be entitled to any claim against the Lessor for condemnation or indemnity for leasehold interest and all compensation payable or to be paid for or on account of the leasehold interest by reason of the condemnation shall be payable to and be the sole property of the Lessor. The foregoing rights of the Lessee shall not be exclusive of any other to which Lessee may be entitled by :yaw. Where the portion taken renders the remainder unsuitable for the use or uses for which the premises was lease3, the Lessee shall have the option to surrender this lease and be discharged and relieved from any further liability; provided, that Lessee may remove the permanent improvements constructed, erected and placed by it within any reasonable period allowed by the Lessor. 17 . Right to enter . The Lessor or the County and their agents or representatives shall have the right to enter and cross any portion of the premises for the purpose of performing any public or official duties ; provided, however, in the exercise of Chesil rights, the Lessor or the County shall not interfere unreasonably with the Lessee or Lessee ' s use and enjoyment of the premises_ 18 . .Bond, performance . The Lessee shall , a; its own cost and expense, within fifteen (15) days from the effective date of this lease, procuxe and deposit with the Lessor and thereafter keep in full force and effect during the term of this lease a good and sufficient surety bond, conditioned upon the full and faithful observance and performance by Lessee of all the terms, conditions, and covenants of this lease, in an amount equal to two times the annual rental then payable . This bond shall provide that in case of a breach or default of any of the lease terms, covenants, conditions, and agreenjents, the full amount of the bond shall be paid to the Lessor as liquidated and ascertained damages and not as a penalty. 19 . Extension of time . Notwithstanding any provision contained in this lease, when applicable, r.he Board may for good 4?"?4e 3 .nnc 2170 cause shown, allow additiona.l time beyond the time c.r times specifzed in this lease for the Lessee to comply, observe, and perform any of the lease terms, conditions, and covenants , 20 . Quiet enjoyment . The Lessor revenants and agrees with the Lessee that upon payment of Lhe rent at the times and in the manner provided and the observance and performance of these covenants, terms, and conditions on the part of the Lessee Lo be observed and performed, the Lessee shall and may have , hold, possess, and enjoy the premises for the term of the lease, without hindrance or interruption by the Lessor or any other person or persons lawfully claiming by, through, or under it . 21 . Surrender or termination. The Lessee shall , at the end of the term or other sooner termination of this lease, peaceably deliver unto the Lessor possession of the premises in a clean and orderly condition, together with all improvements existing or constructed thereon or Lessee shall remove such improvements, at the option of. the Lessor. Fizrt:hermore, upon the expiration, termination, and/or revocation of this lease, should the Lessee fail to remove any and all of Lessee ' s personal property from the premises, after notice thereof , the Board may remove any and all personal property from the premises and either deem the property abandoned and dispose of the property or place the property in storage at the cost and expense of Lessee, and the Lessee does agree to pay all costs and expenses for disposal , removal, or storage of the personal property. This provision shall survive the termination of the lease . 22 . Non-warranty. The Lessor does not warrant: the conditions of the premises, as the same are being leased as is. 23 . Hazardous materials . Lessee shall not cause or permit the escape , disposal or release of any hazardous materials except as permitted by law_ Lessee shall not allow the storage or use of such materials in any manner not sanctioned by law or by the highest standards prevailing in the industry for the storage and use of such materials , nor allow to be brought Lento the premises any such materials except to use in the ordinary course of Lessee ' s business, and then only after written notice is given to Lessor of the identity of such materials and upon Lessor' s consent which consent may be withheld at Lessor' s sole and absolute disczet:ion. if any lender or governmental agency shall ever require testing to ascertain whether or not there has been any release of hazardous materials by Lessee, then the Lessee shall be responsible for the reasonable costs thereof" . in addition, Lessee shall. execute affidavits, representations and the like from time to time at Lessor ' s request concerning 4-17-14Q..1 UUC' 2171 Lessee ' s best hnowledge and belief regarding the presence ar hazardous materials on the premises placed or released by Lessec . Lessee agrees to indemnify, defend, and hold Lessor harmless, from any damages and claims resulting from the release of hazardous materials on the premises occurring while Lessee is in possession, or elsewhere J_f caused by Lessee or persons acting under Lessee . These covenants shall survive the expiration or earlier termination of the lease . For the purpose of this lease "hazardous material" small mean any pollutant, toxic substance , hazardous waste, hazardous material, hazardous substance, or oil as defined in or pursuant Co the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, the Federal Clean water Act, of any other federal, state, or local environmental lair, regulation, ordinance, rule, or by-law, whether existing as of the date hereof , previously enforced, or subsequently enacted. 24 . _Hawaii law. This lease shall be construed, interpreted, and governed by the laws of the State of Hawaii . 25 . Exhibits - Incorporation in lease. All exhibits referred to are attached to this lease and hereby are deemed incorporated by reference. 26 . Headings . The article and paragraph headings herein are inserted only for convenience and reference and shall in no way define, describe or limit the scope or intent of any provision of this lease . 23 . _Partial invalid. if any tern, provision, covenant or condition of this lease should be held to be invalid, void or unenforceable, the remainder of this lease shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby . 26 . Withdrawal _ The Lessor shall have the right to withd4raw the premises, or any portion, at any time during the term of this lease upon giving reasonable notice and without compensation, except as otherwise provided in the lease, for public uses or purposes, including residential , commercial , industrial , or resort developments, for constructing new roads or extensions, or changes in line or grade of ex4sting roads, for rights of way and easements of alb kinds, and shall be subject to the right of the Eoard to remove soil , rock or gravel as may be necessary for the constriction of roads and rights of way within 477.44 i.oar. 2172 ' ',T) 0 or without the premises; provi 3ed, that upon, The withdrawal ' or upon the taking which causes c_n}r portion of the land originally leased to become unusable for the specific use or uses Tor which it was leased, the rent shall be reduced in. proportion to the value of the land withdrawn or made unusable , and if any permanent improvement constructed upon the land by the Lessee is destroyed or made unusable in the process of the withdrawal or taking, the proportionate value shall be paid based upon- the unexpired term of the lease . 29 . Termination by either party. The Lessor and Lessee, by mutual agreement , may terminate this lease at any time without cause, provided that the Lessor and the Lessee are not in breach of any condition herein at the time of the mutual agreement to terminate_ This provision can be waived by the parties provided such waiver is in writing and signed by both parties . 30 . Non-use and abandonment . if the Lessee shall. , at any time for a continuous period of. one (1) year, fail or cease to use, or abandon all or any portion of said premises, this lease shall cease and terminate . 31 . Building construction. x,11 building construction shall be in full�compliance with all laws, rules and regulations of the federal , state, and county governments and in accordance with plans and specifications submitted to an approved by the Chairperson prior to commencement of construction. 32 . Clearances . The Lessee shall be responsible for obtaining all necessary federal , state or county clearances . 33 . Time of essence Time is of the essence in all provisions of this lease. 34 . Historic ereservation. in the event any historic properties or burial sites, as defined in section 6E-2 , Hawaii Revised Statutes, are found on the premises, the Lessee and the Lessee' s agents, employees and representatives shall immediately step a3l. land utilization and./or work and contact the ITistoric Preservation office in compliance with Chapter 6E, Hawaii Revised Statutes . 35 . Removal of trash. The Lessee shall be responsible for the removal of .all illegally dumped trash upon the premises within ninety (90) days from the date of execution of the lease and shall so not� f.y the Lessor in writing at the and of ninety ( 90) days. 1 nor. 10 2173 ;6. Phase I environmental site assessment . Prior to termination or revocation �:Pf the subject lease, Lessee shall r-,onduct a Phase I snvironmental site assessment and conduct a complete abatement and disposal , if necessary, satisfactory to the standards required by the Federal Environmental Protection Agency, the Department of Health, and the Department of Land and Natural. Resources. Failure to comply with the provisions of this paragraph shall not extend the term of this lease or automatically prevent termination ox revocation of the lease. The Board, at its sole option, may refuse to approve termination or revocation, unless this evaluation: and abatement provision has been performed- in addition or in the alteriiative, the Boaid may, at its sole option if Lessee does not do so, arrange for performance of the provisions of this paragraph, all costs and expenses of such performance to be charged to and paid by Lessee . 37 . Survey and boundary_ stakeout . The Lessee shall be solely responsible for any survey and boundary stakeout of the leased premises . i f 177744 3.11OC 11 2174 �f C-1 ti u__ir:itic,ns. 1 . The use of any gender shall include all genders, and if there is more than one lessee, -then all words used in the singular shall extend to and include the plural . 2- As used in this lease, unless clearly repugnant to the Context : (a ) "Chairperson" means zhe Chairperson of nhe Board of .Land and Natural Resources of the State of Hawaii or his successor. (b) "Lessee" means and includes the Lessee, its officers, employees, invitees, successors or permitted assigns. (c) "Holder of .record or a security interest" :Weans a person who is the owner or possessor of a security interest in the land leased and who has filed with the Department of Land and N atu.cal Resources and with the bureau of Conveyances of the State of Hawaii a copy of this interest. (d) "Premises" means the land leased and all buildings and improvements now or hereinafter constructed and installed on the land leased- (e) "Waste" includes, but is not limited to, (1) permitting the premises, or any portion, to become unduly eroded or failure to take proper precautions or make reasonable effort to prevent or correct the erosion; (2) permitting a substantial i-ncrease in noxious Needs in uncultivated portions of the premises; and (3) failure to employ all of the usable po?ti.ons or the premises. (f) "Pays" shall mean calendar days unless otherwise specified. �f s' l� 477744 ]-MR i2 2175 IN WITNESS WHEREOF, the STATE OF HAWK!! , by its Board of Ladd and Natural Resources, has caused the sear of the Department of Land and Nazural Resources to be hereunto affixed and the parties hereto have caused these presents to be executed the day, month and "year first above written . STATE OF HAWAII .Approved by the Board By of Land and Natuial WILLIAM J. AILA, JR . Resources at its Chairperson meeting held on Board of Land and January 13, 2011 . Natural Resources LESSOR CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL, a public charter school under the Stare of Hawaii N L THATCH $—- — 77- LESSEE APPROVED AS TO FORM: JlT I F CHINA --- Dep •tic- ttorney General Dat ed. ( ' C� �' 2(7 47!'i44 ] LCA!' 13 2176 STATE r>F HAWAII , SS . COUNTY OF On this ���~ day of before me personally appeared jOHN L. THATCHER, to me personally known, who, being by me duly sworn, or affirmed, did say that such person executed the foregoing instrument as the free act and deem of such person, and if applicable _n the capacity shown, having been duly authorized to execute such instrument in such capacity . r., '4 N� Ptary Public, Site of Hawaii `T. fdOTA-PY0L :-1 PUBLIC No, 80-35 My cam.iission expires: `•T� ..... .. f�OF t'r' yl 111 ll. �4e of NatarizafiorL Illi%!. C7�s;:l l;�i�'?"i �6e�Y--� ri.� <. 1L L`. [ 'ri. '� �1f F-.1 / /11 N0ZP 41044 14 2177 L°F h NOi t• J� l �r. STATE OF FLkW-A I'I SURVEY DIVISION DEPARTMENT OF ACCOUNTING ASND GE14EUL SERVICES HONOLULU C.S.F.No. 2 5,17 8 May 10,2012 CONNECTIONS NEW CFHTURY PUBLIC CHARTER SCHOOL MAUKA PARCEL Ponahawai, South Hilo, Island of Hawaii, Hawaii Being a portion of the Government(Crown) Land of Fonahawai. Beginning at the southeast corner of this parcel of land. and on the west side of Fdita Street, dhe coordinates of said point of beginning referred to Govenunent Survey Triangulation Station "HALAI"being 9710.53 feet South and 8928.82 feet West,thence running by azimuths ineasured clockwise from True South:- ]. 510 30, 502.51 feet along Pacific Plantation, Increment 1-A, File Plan 1927, 2. 160 20' 185.00 feet along Pacific Plantation, Increment 1-A, File Plan 1927; 3. 79° 26' 515.00 feet along Pacific Plantation,Increment 1-A, File Plan 1927; 4. 630 00' 244.00 feet along Pacific Plantation,;neierrient 1-A, File Plan 1927; 5. 13° 00` 393.00 feel along Pacific Plantation, increment 1-A, File Pian 1927; 6. 950 44' 553.00 feet along Pacific Plantatir)»,lnerernent 1-13 I - G'RIT ri. a m 2178 ZN +�.,&F.Nu. 5,17 8 MIS-)- 10, 01? 7, 99" 46' 732,00 feet along Pacific Plantation, Increment 1-H; 8. 2010 16: 134.11 feet along the east side of Kaumana Drive; 9. 2870 12' 180.46 feet along Grant 10393 to Kenichi Niimi; 10, 252° 28' 235.02 feet along Grant 10971 to George Wong Makaza, Grant 10473 to Hisanor.i Kitamura and Grant 10392 to Hiroshi Futagodani; 11. 333° 30' 28.30 feet along R.P 5516, L.C.Aver. 4983 to Kukelean; 12, 2290 17' 30" 979.55 feet along R,P, 5516,L.C. Aw. 4983 to Kukeleau; 13, 158° 40' 119.1 I feet along R.P- 5516, L.C. Aw. 4983 to Kukeleau; 14. 2360 21' 54.88 feet along tht,east side of Kaumana Drive; 15. Thence along the east side of Kaumana drive on a curve to the right with a radius of 750.00 feet, the chord azimuth and distance being,- 2480 eing:248° 33' 316.99 feet: 16. 26011 45' 40.22 feet along the east side of Kauntana Drive; 17, 2420 01' 122.17 feet along the east side of Kaumana Drive; 18, 2210 40° 341.67 feet along the east side of Kat mana Drive; 19. 2100 35' 33.51 feet along the east side of Kaurnana Drive; 20. Thence along the south coiner of the intersection of Kaumana Drive and Edita Street on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being: 2510 30' 39.30 feet; 21. 2920 25' 307.72 feet along the west side of Edita Street; 22. Thence along the west side of Edita Street on a citn)e to the right with a radius of 265.00 feet; the ebord azimuth and di;iance being: 3030 42' 30" 103.79 feet; 23, 3150 OO' 193.27 feet along the west side of Edita Street; 2179 .'5..17$ May 1(z, -2 01 ?4. Thence along the west side of Edita Street on a curve to the right with a =adills of 223.21 feet, the chord azimuth a-rid distance being: 3220 11' 45" 55.92 feet:. 5. 329` ?3' 30" 122.21 feet along the west side of Edita Street-to The point of beginning and containing an AREA OF 32.92 8 ACRES. SUBJECT,HOWEVER,to the following easements as shown on plan attached hereto and made a part heremf: 1. Perpetual Non-Exclusive Telephone Easement T-3A covered by Grant of Easement: State of Hawaii to GTE Hawaiian Telephone Co.,inc.dated October 6, 1998 and recorded as Document Nos. 99-006096 and 99-006097 (Land Office Beed 5-28322). 2. Perpetual Non-Exclusive Telephone Easement T-3 co vered by Grant of Easement: State of Hawaii to GTE Hawaiian Telephone Co.,Inc. dated Tune 7, 1999 and recorded as Document Nos. 99-155325 and' 99-155327 {Land Office Deed S-2$353). SURVEY DIVISION DEPARINENT OF ACCOUNTING AND GENERAL SERVICES STATE OF HAWAII Tay; �'s� ,_ W .I l- _A*A. {_ Glean J. K odan i Land Surveyoz- ry Compiler) frornz map and desc. fum. by Island Surrey, Inc. Said map and desc. have been examined and checked as to form and mathematical correctness but not or, the ground by the Survey Division. - + 2180 / \ + . to LU LU Ab LL Qp Err Nil, e cv � 131 HIHOWN . OOD � | � ------- . �11�1 | L. ' � '= ' a% ,asR ate" S'T'ATE OF HAWAI`I SUWVEY DIVISION DEP ARTM NT OF ACCOUNTING AND GENERAL SERVICES 140NOLULU C.S.F.No. _25,179. May 10, 2012 C0MjBCTIONS NEW CENTURY PUBLIC CHARTER SCHOOL MAKA1 PARCEL Ponahawai, South Hilo, Island of Hawaii,Hawaii Being a portion of the Government(Gown.) Land of Ponahawai. Beginning at the southwest corner of this parcel of land and on 6e east side of Edita Street,the coordinates of said point of beginning referred to Government Survey Triangulation Station "HA_LAI"being 9672.83 feet South and 8881.42 feet West,thettre running by azimuths measured clockwise from Tme South:- 1. 149" 23' 30" 113.89 feet along the east side of Edita Street; 2. Thence along the east side of Rdita Street on a cune to the left with a radius of 283.21 feet,the chord azimuth and distance being: 1420 11' 45" 70.95 feet; 3, 2250 00` 794.78 feet along .('want 12682 to Sueki and Sadako Mitsunaga, Grarrt 127.99 to Kanichi and Fu;it F. Yannarnoto and Grant 12729 to Yukio and Elaine Yuriko Y. OkutSG; 4. 135° 00' 369.38 feet along Grant 12729 to Yukio and Elaine Yuriko Y. Okutsu,Granit S-13689 to Riichi Segawa and Furuyo Otani Segawa; S. 1590 59' 30" 389.60 feet along Grant 13547 to William K, Ahia and Lily Auld Ahia; - 2182 r'.S.F.No. 25.179 May 10, 201? 6. 2650 50' 1000.00 feet along Grant 5484 to Jolm E. Gamalielsor.; 7, 2670 00' 990.00 feet along Grant 5484 to John E. Gamalielson; B. 299° 30' 103.74 feet along Grant 5484 to John E. Gamalielson; 9. 630 29' 217.29 feet along R.P. 5706, L-C, Aw, MI-B,Part 2 to G.D. Hueu; I0. 380 05' 222.00 feet along R.P. 5706,L.C. Aw. 8521-8,Part 2 to G.D. Hueu; 11. 44° 35' 27" 1156.59 feet along R.P. 5706, L.C. Aw. 8521-B,Pari 2 to G.D. Hua-u; 12. 640 18' 522.00 feet along R.P. 5706, L.C. Aw. 852I-B,Part 2 to G.D. Huau; 13. 0" 33' 415.00 feet along R.P. 5706, L.C. Aw. 5521-B,Part 2 to G.D. Hueu and Pacific Plantation,Increment s-A, Fiie Plan 1927; 14. 51° 30' 150.92 feet along Pacific Plantation,Increment 1-A,File Plzen 1927 to the point of beginning and containing an ARRA OF 37,22 7 ACRES. SURVEY DIVISION DEPARTWENT OF ACCOUNTING AND GENERAL SFRVICES STATE OF HAWAII Glenn J, Koda,ni Land Surveyor ry Compiled from map and desc. funi. by Island Survey,Inc. Said map and desc. have been examined and checked as to form and mathematical correctness but not on the ground by the Survey Di vision. - 2 - 2183 o � n S in LM ry d w f ce- 'a y w oj,Q R S'z a � coLijp b N L 8 p Q) -31 LLI s Ld Z L w O ^ Q 3 .G o ry :4 4 Q � W s rs Ilk Ao Jf M1 �•S$(• 1� •%� 8 10 e •. a EDI;A STREE I` �i co Oat ' a: ( "5 + 2 184 NEFLAksESCROMBfE R' ��T�� IRWLIefLRuuNRw.�,WALREMnXeL J f �ypnd end `� �r f & DEPARTMFNr OF E.AND AND NATURAL RESOURCES LAND DIVISION 75 Aquni SQem Room 204 ryroefs. HAD,Hawaii 96720 '#TONE (BOB)961-9590 FAX:(808)961-9599 December 1?, 2012 Ref. No.: GL 5-6029 Author: LJ-GH Connections New Century Public Charter School 174 Kameharrieha Avenue Hilo,M 96720 Dear Sirs: Subject: General Lease No. S-6029, Connections New Century Public: Charter School, for School Purposes, Kukuau, South Hilo, Hawaii; TMK (3) 2-5- 06:141 Enclosed are an original and three(3) copies of the above referenced document. Please review, sign and notarize all copies in accordance with the following instructions, which you may also want to share with your notary. 1. All legal lessees must sign on the appropriate signature lines provided for LESSEE. If a name is spelled incorrectly, please make the necessary corrections and initial. 2_ Do not date the document! (Only the notary page should be.dated.) 3. Do not make any additions, deletions or changes to the terms and conditions of the document. Any such changes will require starting the docurnent preparation process over again. 4. For the notary page: a. All blanks must he filled in. b. The appropriate county name must be filled in. C. The notary's name must be printed directly under the notary's signature line. d. The notary's seal must be affixed. with "L.S" printed over ?he seal (if embossed) 2185 wra.IAM I ail-n. CHAPLPMw • HULALLEWROM6IE M. [ Wml•1!'"V AMS NA�13P 4a+�1l�L� r rylul.ursrar li•wl.'Ir-A r,w rw�w,1+�C ®r, C+flwf•JIFInF Qr,MR All }' f .; 4, L , 1 dL,nd and�Nt, x STATE OF HAWAII s DEPARTMENT OF LAND AND NATURAL RESOU -CES LANG DYWSIUN 75 Aupuni SUM Room 304 A r OMPO Wa,Hawaii 95720 ?HOME:(806)961.9590 FAX:(806)961-9599 December 12, 2012 Ref.No.: GL S-6029 Author: LD-GH Connections New Century Public Charter School 174 Kdrrmehameha Avenue Hilo. HI 96720 Dear Sirs: Subject: General Lease No, S-6029, Connections New Century Public. Charter School, for School Purposes, Kukuau, South Hilo, Hawaii; TMK (3) 2-5- 06:141 Enclosed are an original and three(3) copies of the above referenced document. Please review, sign and notarize all copies in accordance with the following instructions, which you may also want to share with your notary. 1. All lega! lessees most sign on the appropriate signature lines provided for LESSEE. If a name is spelled incorrectly, please make the necessary corrections and iniiial. 2. Do not date the document! (Only dhe notary page should be dated.) 3. Do not make any additions, deletions or changes to the terms and conditions of the document. Any such changes will require starting the document preparation process over again. 4_ For the notary page: a. All blanks must be filled in. b. The appropriate county name must be filled in. C. The notary's name` must be printed directly under the notary's signature fine. d. The notarv's seal must be affixed with "L.S" printed over the seal (if embossed) 2186 i i i' 2187 A Reforestation Plan for Connections PCHS Kaumana Property—Makai Parcel The Problem: During the summer of 2012 (exact dates ?); a contract was issued to On The Line Fencing;a private fence building company. The company was hired to install fencing around the perimeter boundary of the Connections PCHS leasehold property on the makai side of Edita Street off Kaumana Drive. Having constructed the fence line;the contractor or its associates proceeded to do bull dozer work along the fence line in excess of what the contract allowed.A large number of Ohia (Metrosideros collino subsp. polymorphs)trees were intentionally cut and removed from the property. Mature Strawberry guava (Psidium cattleianum)trees were also bulldozed and pushed into heaps along the lower boundary.These trees were to have been preserved as is or if cut, used as raw material for student project based classes, i.e. Makery Class, a computer assisted design training class. In most areas,the topsoil was scraped down to the base rock with occasional patches of soil left remaining. On August 7,21, and 27, 20121 visited the property to assess damage to the property.Since the date of the contractor's activity; high levels of invasive species are already germinating on the disturbed scarified areas created by the bulldozer. Notably present are concentrations of seedlings of Melochia sp.,Stachytarpheto (Vervain), numerous Cyperus sp. (sedges), various grasses, Melastome sp., Psidium cottleianum (strawberry guava) and Poederia scandens (pilau maile).A more complete list needs to be compiled when access to the property is reinstated. Additionally;the exposed soil on sloped terrain poses an erosion and siltation problem. This needs to be addressed especially!fit is shown that Waipahoehoe Stream flows to the ocean or enters lava tube systems(it does). Needs: Damaged or removed trees and vegetation need to be replaced. Weeds species need to be removed or controlled either by hand pulling(student projects)or judicious application of herbicides(by skilled applicator). Replacement trees and understory plant species need to be seeded or transplanted to the disturbed areas. Large trees that were pushed into stack piles, i.e. Strawberry guava,Alexander palms,Ohia trees, need to be uncovered and assessed for possible use as raw material. If salvageable,these timbers need to be stored for later use. It may be possible to use some logs for mud bars to Connections PCHS September 12, 2012 aExhibi� 2188 slow water flow on exposed slopes. This evaluation needs to happen soon before the rainy season begins and these trees rot and become useless. Tools Needed: Chain saws,fuel/oil for same Machetes Heavy pruning saws, pruning shears Shovels, picks, o'o digging bars Other tools Possible Approaches. Establish "planting zones" where replanting will occur. Rather than attempt to "blanket"the contiguous scarred areas with seed or transplants; create numerous smaller"islands" of planted replacement species that can be maintained. These areas might be circular or irregular in shape but they should be several square meters in size, i.e. 10 meter x 10 meter.These areas could also be used as potential monitoring sites for student projects and the progress of the reforestation effort could be charted as part of an ongoing biological sciences curriculum. Begin the process of transplanting suitable species to the "planting zones" using species which already exist on the property.The same species might also be acquired off site from other construction sites if their property,owners were agreeable, i.e. Ohia and Rhus sp. However,this seems impractical from a logistical perspective. Salvage suitable transplants from onsite dozer piles where possible_ Since the substrate of the planting sites is mostly fractured rock with pockets of soil;the size of the transplanted material will be important. O'o bars (digging sticks) can be used to open cracks up a bit to accommodate transplants.Soil from adjacent areas can be used to secure roots in these cracks. Spread seed or plant root pieces (Rhus can be propagated this way) in the various "planting zones"sourced from on-site vegetation. How to Proceed Create a list of plant species that are appropriate for the replanting effort. This list should include native and non-native species that are already on the property. Connections PCHS September 12, 207.2 2189 f V Locate areas on site where trees of a suitable size for transplant exist.These areas occur along the route of trails that were cut in 2011 and 2012. Some of the better places to look on these trails are places where lava flows are visible and the soil depth is shallow.These places often had seedling beds with Ohia (Metrosideros sp.), Uki (Cladium sp.), Pukiawe (Styphelia sp.), Rhus sp.,and ti leaf(Cordyline sp.) and possibly other species. Ohia is likely the most common desirable tree that is easily transplanted.Transplants can range from smaller seedlings 1 or 2 feet in height up to 7 or 8 feet_ Experience has shown that Ohia has a shallow root system and is fairly easy to remove and relocate_The larger sized transplants are awkward to move around so finding trees near their transplant sight will be important. In some of the shaded ravines, seedlings of Alexander palm (Archontophoenix alexandrae) and Hilo holly(Ardisia crenata) can be found.These are easily transplanted. A few sun tolerant fern species might also be successfully transplanted.These include Pala 'a (Sphenomeris chinensis) and Sword or Boston ferns (Nephrolepis sp.)Tree ferns are rare to non-existent on this parcel. Only one hapu'u fern was found on the makai parcel during earlier surveys and that plant has since been eaten by feral pigs. Another fern that prefers very wet areas is Cyclosorus interruptus.A major patch of this fern was destroyed by fencing activities. However, some portions still remain and this might be used as a source of material to plant into areas expected to be usually, very wet. Seed should also be collected where available for dispersal in the "planting zones". Especially; Ohia (Metrosideros)seed from intentionally cut trees might still be after-ripening on piled debris and might be harvested as salvage. (Perhaps the adjacent property owner (Brilhante) might be amenable to allowing collection from fallen trees on that property.) Student Participation Connections PCHS students can potentially be very instrumental in the reforestation effort. With good organization; planting zones can be established and quickly planted_ Students can be utilized to gather seed,seedlings and other propagative material.They can also assist in replanting these gathered plants. This is also an excellent learning opportunity for students looking for science, PE and other education credits. It would also be an opportunity for team and class building and establishing a sense of ownership toward the future of the school. Perhaps a role can be found for the middle school students as well. Connections PCHS September 12, 2012 2190 r T Cauty� o Hawa ` w>Mwaui 'ANmvGlcossIoly J tUpuni Ce�ita'•:101 Pauela Sheet,Su e3 + Hilo, la+aai'i 96720 Ph6ne(808)9b[=8288'• 'f�az.(808)_96>8743" Monica,Mvrris,Esq. .Office:cf.the Attorhey,Geaeral 425:Qu h',Street iloiiofu1 ., 96813 . Attorney.for'Applicant Cozuiections New.:Century.Public;Chaiter'School Ted'-H--.-,S,- Esq.. P:O.B.oi 42.17 ;:HI:`�6720 Hi lo Attorney for:AApplicant, Community Based Edification Spport Services(CBESS) Arny$ilf,Esq. Office.of the Corporation Counsel 333 Kilauea Avenue,2"a Floor Hilo,I-E "96720 Attomcy"br Plarming Director,BJ La tiyead Todd Mr.JeffGornes 281 Mta Street Kilo;IR L 96720 . Intervenor' Dear Ms.Monis,Mr.-Hong,Ms.SeK and Mr.Gomes: Special Permit Application(SFT 12-000138), Applicant: Connections New Century.Public Charter School and Coamiunity Based-.,Edk cation Support Services . Request: To Develop'a,K to 12 Charter School Campus with Dorm Facilities, inim meratioml Pirograrms,.a Sustainable Agriculture Program and a Forestry/Conservation Program Tax Map Ka: 2-5,-OK 141 The Windward Planning Commission,at its March 7,2013 meeting;took the following actions regarding the subject application: 1. By una6m.ous consent,withdrew its pending motion to deny the subject special permit application; 2. Confirmed that the Applicants are automatically a party in a contested case proceeding, Hawai'i County is an Equal Opportunely Provider and Employer • ii. 1 ,AAR 21 20 3 219 t Moiuca.Nlairisy Esq.. h- sny Self;Lsq., 3. Confirineti;ihe wi#hdrawal of the Petition far Inteiventioa in a Contested Case Hearing by JoNelle ?; 4. ..Voted-to,grunt;standing in a`contested::case proceeding'to.Mr:Jeff Gomes;and' .: 5. Direded'the Planning'Direckbr.;to secure the setvices;of a hearings officer to conduct the contested L LL case.prdeeeirigs. Once retained,the hBarings officer,pursuant to Commission' Rule 44(b),will;'be contacting all of the parties tci hoid conferences and make determinations as necessary td fix the schedule for theSe anatters. If you have questions concerning this matter,please contact Daryn Arai of the Planning Department,at - (848)9514.F42: Dean Au,Chainnan Windward Planning Commission Lzann=ionsD2vpa CC.' Ivan Torigoe,Esq. Ms.JoNeUe Fukushima 2192 V 4*•�! William P.Ke Q R =• BJ Leithead Todd may- 1������U 0 E PA RTrIEMT Director Margaret K.Masunaga .r Deputy 2013 ,SPR 12 PIN E2: 26 �►� Weal Hawal'i Office East Hawaii Office 745044 Ane Keoh&Wole967 0 County of Hawaii i 101 Pouahi Stut. waw'Suite 3 lCa9lun-Kana,flawai'i 9fi74fl Hilo,Hawaii 96720 Phone(808)373-4770 Phone(808)9614288 Fax(808)327-3563 PLANNNG DEPARTMENT Fax(808)9614742 April 8, 2013 CONNECTIONS CENTURY PUBLIC CHARTER SCHOOL 175 Kamehameha Avenue Hilo, HI 96720 Re:Your check 48218 Dear Sirs: On March 5, 2013 you submitted check#$218 in the amount of$200.00 as an application fee for a Contested Case Hearing. Our Accounting section was instructed to hold your check pending a decision from the Director on whether to accept or return your fee. Due to unforeseen circumstances,we are unable to locate your check and would like to ask if you could check with your bank to see if this check has been presented for payment.Kindly reply to Cheryl Torrison, Sr.Account Clerk at 961-8169. We apologize for this situation and would appreciate any information you can provide. Thank you very much. Sincerely, ad'Todd 1 in Director 3BG:ct ' SCANNED APR 12 2013 X84556 axwx ,Qhwonnine~leot com flmvol'i Cauntjttsan Equal UppnrtrarityProviderand Fanploysr glll>min$ eo.ha ii hi.us 2193 r William P.Kenoi BJ I.eithead Codd Mayor Director Margaret K.Masunaga Depury ••rt'07'MF West Hawaii Office East Hawaii Office 74-5444 Ane Keohokalole Hwy •`. 10 t Pauahi Street,Suite 3 Kailus-Kona,Hawai`i96740 County of Hawal 1 Hilo,Hawaii 96720 Phonc(808)323-4170 Phone(848)961-8288 Fax(808)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 April 22, 2013 Attn: Ms. Sandy Kelley CONNECTIONS CENTURY PUBLIC CHARTER SCHOOL 175 Kamehameha Avenue Hilo,HI 96720 Re: Your check#8218 for Contested Case Hearing SPP-12-0000138 Dear Ms. Kelley: Thank you for your call to report that your check#8218 written On Mauch 5, 2013 to County Director of Finance in the amount of$200.00 has not been presented to your bank for payment. The Planning Department has received a notice of withdrawal for the Contested Case Hearing referenced above and would like to inform you that we are unable to locate your check#8218. Therefore,and for obvious reason,we are notable to return your check. We will continue our search and if we do come across the errant check, we will inform you. In your previous telephone conversation with Cheryl Torrison,Account Clerk,there was discussion about a replacement check and subsequent advice for stop payment on the lost check. Please be advised that since we are not requesting a replacement check, we will not reimburse any bank fees for stop payment. We sincerely apologize for any inconvenience this may cause you. If you have any questions please contact Joaquin Gainiao,Administrative Services Officer at 961-8174 or Cheryl at 961- 8169, Sincerely, .f J Lei ead Todd ...... / Plja n' gDirector SCANNED `�JBG:ct APR 2 2 20f3 13y: APR 2 ? 2013 �r+vwsnhlflnimingii_cnm Hu+uooi i Countv is on Equal Opporlunify Prorlder and,Employer 1111�a�i'ca+.ha+saii.fii 2194 Ted H• S. Hong, Attorney at Law �,. Employment,Workplace Law 9c Litigation ) �' I . Sue Lee LOy Planner and Legal Assistant May 23,2013 i Gordon Heit,Land Manager The Honorable Bobby Jean Leithead-Tod d, Director Department of Land and Natural Resources County of Hawaii Planning Department State of Hawaii 101 Pauahi Street Suite 3 75 Aupuni Street Hilo,Hawaii 96720 Hilo,Hawaii 96720 The Honorable J Yoshimoto Kelly Gomes,Engineering Division r Hawaii County Council County of Hawaii Department of Public Works 25 Aupuni Street 101 Pauahi Street, Suite 2 ,..fi".:�1 df•';1' Hilo Hawaii 96720 Hilo Hawaii 96720 r, rr� Major Randy Apele County of Hawaii Police Department �<< 349 Kapiolani Street P=' c Hilo,Hawaii 96720 If+ RE: ACTIVITY UPDATE RELATED TO THE REMOVAL OF TRASH AND RESTORATION/REFORESTATION PLAN �= SPECIAL PERMIT APPLICATION (SPP 12-000138) Applicant: Connection New Century Public Charter School and Community Based Education f' r Support Services(CBESS) Request: To Develop a K to 12 Charier School Campus with Dorm Facilities,Intergenerational Programs,a Sustainable Agriculture Program and a Forestry/Conservation Program Tax Map Key: (3)2-5-006:141 Aloha: Allow this letter to provide you and your office an update of activity that continues to occur at the above- " referenced property, hereinafter"Property." On March 13,2013 our office noticed the various activities that would occur at the Property and as of this writing all of those activities continue to occur. G''•'';.r �;.y For your perusal,enclosed please find some photograph of various types of rubbish/trash that continues to � . be collected and disposed of from the Property,y� Connections/CBESS employees also prepared the enclosed map to identify the general area that the rubbish has been located. The numbers on the photograph correspond to numbered locations on the map. The map also provides information related to abandoned marijuana grow sites that were previously reported to the County of Hawaii Police Department 0, and other miscellaneous reports of property/fence damage'. Connections/CBESS will continue to be l good stewards of the Property and report any property damage, illegal and/or trespassing activities to the proper authorities, Locations are general in nature and are used to provide general context on the overall site and in no ay-equate-.� ,._ �_ to size. SCAJ\ fiY 1 D) I08a � . P.O. box 1k2 1 7 Hllta, liawar'1 96720 Phone: (806) 960-3 1 56 -nsall: tecl6�tedFiforti 1a�vi 1 95 y(,. g 4�Y7 t, Mr. Heit,Ms.Leithead Todd,Councilmember Yoshimoto,Mr. Gomes and Major Apele, RE; ACTNTTY UPDATE REALTED TO THE REMOVAL OF TRASH AND RESTORATION/REFORESTATEON PLAN May 23,2413 ..�-.;< Page 2 Connections/CBESS has also identified the need to establish a portable bathroom or lua for the caretakers and students that assist with the removal of rubbish and the reforestation/restoration program at the Property. Based on discussions via electronic mail (email)with the Department of Land and Natural Resources, j ( DLNR )Connections/CBESS will establish a portable lua at the Property beginning on Monday,lune = , 3,2413. In addition,Connection/CBESS has also received an email a roval from DLNR that would allow the use PP of a portable 14'X10' "pop-up"tent. The approval for the allowance of a pop-up tent was provided with } the specific! ideline that the tent is up and taken down every day. Thepop-up tent is used toprovide shelter for the caretakers and students that assist with the various activities on the Property and Connections/CRESS will continue to adhere to this guideline provided by DLNR. Connecti ons/C BESS continues to comply with all other applicable land use rules,regulations,codes and ,a governances and should there be any concerns regarding the activities or the need to address other concerns that arise,please feel free to contact Sue Lee Loy via email at sue@tedhongiaw.com or at 933- .f , fi 1919. h continues lobe the goal of the Connections and CBESS to address concerns related to the Property. Sincerely, �., ed H.S. Hong,Esq. �Vo­ ''`° Enclosures(photographs and map) C: Deputy Attorney General Monica T. Morris,Esq. Connections/CBESS 2196 IL mow � e�W r 0ul 0 •Iw+ Q - 1 i ICL •1, ao co r•a •r fi � a, •4 o � a c a f 1 .� -f lk TIC rt- 2197 ,.b s .ar r a •, kl Ply kH.. rte-• � � �.. � •cif d�w�r .� �� �. .-:}' %a, rr' � y .:��,q. 9L tt.. r _ i' Vow I$ ?0' - + 5. iK Ar T f +/syr "r-•e Ate 4 - { � � ��y -"� - � �-� �� :� � ti'�'��"' -/nom•• -�`�'. AL PL-....:'* = Lk y Y d' � •� ,'+l � - # � t�.,� �.', �'��x� ;���', "-�•#rte ks � ';`'•. ��.. _ !. f'-.,.7+ATr`'� '`�-,;��F'� rid �� 'c 01, S � i i s? ;:Z47 ?}, `kr, t. � {' •.+ k�,� � � � � $moi alp � �S ` iy� .y� vr $ Y t ! ps Y IP Ic /•�W'��P. v r F Ap, .4 ' ice, VL IF INk J. - F '- F ip 7 ai -01 JIM �.t } ode• a .,a ,,,///�...lk�lIL,IN AT 4 r tA rA .. F; • �'� _I`s` v.Fri" yi/...r� `�Y � ,� �'4 Aw - -• T;- A.' 6'- 9y y � �.- y,� ��� yam. • v��! y _ � p�^.� 4 b�' 2202 William P.Kenoiy,s;t,a�". BJ Leithead Todd Mama Director Margaret K.MaSlmaga •�. .�,r�. Deputy WCA Hawaii Office East Nawai'i 01iice 74-5044 Me Keohokalole Hwy 101 Pauahi Street,Suke 3 Kailua-Kana,Hnwai"i 96740 County of Hawai4i Hilo,flavai'i 96720 Phone(BOB)323-4770 Phone(808)961.8788 Fax(809)327-3563 PLANNING DEPARTMENT Fax(808)961-8742 May 30, 201.3 Ted H.S. Hong, Esq. P.O. Sox 4217 Hilo, HI 96720 Dear Mr. Hong: Special Pennit No. E2-000138 Applicant: Connection New Century public Charter School and Community Based Education Support Services(CRESS) Request: To Devefop a K to 12 Charter Schoof Campus with Dorm racilities,,Ifjtergenerational Programs, a Sustainable Agriculture Program and a Forestry/Conservation Program Tax Map K : 2-5- This is to acknowledge your letter dated May 23, 2013 relating to the removal of trash on a portion of the above referenced property. Thank you for keeping us informed. If you have arty questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, 9J LE EAD TODD UPlanning Director JWD:smn P:iwpwin60U'efALetter0ClL,Hang-Connections-trash removal.doe MAY 3 1 2 013 14r)"Vi-i Courtly is unuerl!�poaunirn Provider and Err, lgtivr �N p i� 2203 \l a fi ••Of11R� County of Hawaii VVINI)WARD PLANNING COMMISSION Aupuni Center a 101 Pauuhi Slrml Suite 3 a Hi1n,Hawaii 96720 Phonc(808)961.8288 a Fax(808)961.8742 July 12, 2013 Monica Morris, Esq. Office of the Attorney General 425 Queen Street Honolulu, HI 96813 Attorney for Applicant,Connections New Century Public Charter School Ted H. S. Hong, Esq. P.O. Box 4217 Hilo, HI 96720 Attorney for Applicant,, Community Based Education Support Services (CBESS) Amy Self, Esq. Office of the Corporation Counsel 333 Kilauea Avenue,2°d Floor Hilo, HI 96720 Attorney for Planning Director, Duane Kanuha Mr. Jeff Gomes 281 Edits Street Hilo, HI 96720 Intervenor Dear Ms.Morris, Mr. Hong,Ms. Self, and Mr. Gomes: Contested Case Proceedings on the Matter before the Windward Planning Commission Regarding Special Permit Application No. 12-000138 (SPP-12-000138) Applicant: Connections New Century Public Charter School and Community Based Education Support Services TNK 2.5-006:141' Kaumana, South Hilo HawaN We would like to announce that the Windward Planning Commission has retained Sandra Pechter Sorb,Esq, to serve as hearings officer for the contested case hearing in the above- entitled hatter. The selection of Mrs. Song was done in accordance with the State Public Procurement Code, Section 103D, Hawaii Revised Statutes, J♦emai'i(bun7V IS an F,gfial Opporuarihj Provider and t•nrplopFr `, "'`� 2204 5 Monica Morris,Esq. Ted H. S. Hong, Esq. Ainy Self, Esq. Mr. ,Teff Gomes Page 2 July 12,2013 Mrs. Song will be contacting all of the parties who ha vv,been granted standing in this particular contested case proceeding to announce a date, time and place for a pre-hearing meeting to discuss procedural and other related matters. Sincerely, Wallace A. lshibashi, Jr., Chairman Windward Planning Commission cc: Windward Planning Commission Duane Kanuha, Planning Director Margaret Masunaga, Deputy Corporation Counsel Sandra Pechter Song, Esq. 2205 SPP No. 12-000138 Page No. 002206 CONNECTIONS CHARTER SCHOOL CONTESTED CASE HEARING Special Permit Application No. 12-000138 PLEADINGS I. Notice of No Objection to Planning Commission Record Dated: 9/4/13 Hong, Esq. 2. Duane Kanuha, County of Hawaii Planning Director's Notice of No Objection to Planning Commission Record; Certificate of Service Dated: 9/5/13 Amy Self, Esq. 3. List of Witnesses; Certificate of Service Dated: 10/3/13 Amy Self, Esq. 4. Applicant's Connection New Century Public Charter School and Community Based Education Support Services (CBESS) Joint Submission of Applicant's Exhibit List; Certificate of Service Dated: 10/4/13 Louie/Siu/Hong,Esq. 5. Applicant's Connection New Century Public Charter School and Community Based Education Support Services (CBESS) Joint Submission of Applicant's Witness List; Certificate of Service Dated: 10/4/13 Louie/Siu/Hong, Esq. 6. Return of Service, Acknowledgment of Service, Subpoena(Bobby Jean Leithead Todd) Dated: 10/9/13 Hong, Esq. 7. Return of Service, Acknowledgment of Service, Subpoena(Kurt Inaba) Dated: 14/9/13 Hong, Esq. 8. Return of Service, Acknowledgment of Service, Subpoena(Ronald Thiel) Dated: 10/9/13 Hong, Esq. 9. Return of Service, Acknowledgment of Service, Subpoena (Duane Kanuha) Dated: 10/9/13 Hong, Esq. 10. Return of Service, Acknowledgment of Service, Subpoena(Glenn Tada) Dated: 10/9/13 Hong, Esq. 11. Return of Service, Acknowledgment of Service, Subpoena(June Sakamoto) Dated: 10/9/13 Hong, Esq. 12. Return of Service, Acknowledgment of Service, Subpoena (Ming Peng) Dated: 10/9/13 Hong,Esq. Page I SPP No. 12-000138 Page No. 002207 CONNECTIONS CHARTER SCHOOL CONTESTED CASE HEARING Special Permit Application No. 12-000138 PLEADINGS 13. Return of Service, Acknowledgment of Service, Subpoena(Jan Yokota) Dated: 10/9113 Hong, Esq. 14. Return of Service, Acknowledgment of Service, Subpoena(Melvin Yokota) Dated: 10/9113 Hong, Esq. 15. Return of Service, Acknowledgment of Service, Subpoena Duces Tecum (Melvin Yokota) Dated: 10/9/13 Hong, Esq. 16. Return of Service, Acknowledgment of Service, Subpoena(Terence Yoshioka) Dated: 10/14/13 Hong, Esq. 17. Return of Service, Acknowledgment of Service, Subpoena Duces Tecum (Terence Yoshioka) Dated: 10/14/13 Hong, Esq. 18. Return of Service, Acknowledgment of Service, Subpoena(Jan Yokoyama) Dated: 10/14/13 Hong, Esq. 19. Return of Service, Acknowledgment of Service, Subpoena(Allen Novak) Dated: 10/15/13 Hong, Esq, 20, Applicant's Connection New Century Public Charter School and Community Based Education Support Services (CBESS)Joint Submission of Applicant's First Amended Witness List; Certificate of Service Dated: 10/15/13 Louie/Siu/Hong, Esq. 21. Applicants Connection New Century Public Charter School and Community Based Education Support Services (CBESS)Joint Pre-Hearing Brief; Certificate of Service Dated: 10/17/13 Louie/Siu/Hong, Esq. 22. Amended Subpoena(Notice to Appear—Kurt Inaba) Dated: 10/18/13 Hong, Esq. 23. Return of Service, Acknowledgment of Service, Subpoena(Ron Thiel) Dated: 10/18/13 Hong, Esq. 24. Return of Service, Acknowledgment of Service, Subpoena(Custodian of Records,County of Hawaii, Real Property Tax Office) Dated: 10/18/13 Hong, Esq. Page2 __ ___.....____.___ _ ------------- SPP No. 12-000138 Page No, 1302206 CONNECTIONS CHARTER SCHOOL CONTESTED CASE HEARING Special Permit Application No. 12-000138 PLEADINGS 25. Amended Subpoena (Duane Kanuha) Dated: 10/21/13 Hong, Esq. 26. List of Witnesses Dated: Jeff Gomes 27. Petition for Standing in a Contested Case Hearing; Affidavit of Terence Yoshioka; Affidavit of Jeff Gomes Dated: 11/4/13 Terence Yoshioka 28. Errata to Applicants Connection New Century Charter School and Community Based Education Support Services(CBESS) Joint Pre-Hearing Brief; Certificate of Service Dated: 11/5/13 Louie/Siu/Hong,Esq. 29. Return of Service; Acknowledgment of Service, Subpoena(Bobby Jean Leithead Todd) Dated: 11/7/13 Hong, Esq. 30. Return of Service; Acknowledgment of Service, Subpoena and Subpoena Duces Tecum (Sidney Fuke) Dated: 11/7/13 Hong,Esq. 31. Declaration of Dianthe Castillo; Exhibits "1 —3" Dated: 11/7/13 Hong, Esq. 32. Applicant Connections New Century Public Charter School's Objection to Terence Yoshioka's Petition for Standing in a Contested Case Hearing; Certificate of Service Dated: 11/8/13 Louie/Siu/Hong, Esq. 33. Applicant CBESS' Memorandum in Opposition to Petition for Standing in a Contested Case Hearing Filed on November 4, 2013; Declaration of Ted H.S. Hang; Exhibits "1"—"3"; Certificate of Service Dated: 11/8/13 Hong, Esq. 34, Denial of Terence Yoshioka's Petition for Standing in a Contested Case Hearing Dated: 11/25/13 D. Kanuha 35. Ret-am of Service; Acknowledgment of Service (Layne Novak) Dated: 12/24/13 Hong, Esq. SPP No. 12-000138 Page No. 002209 CONNECTIONS CHARTER SCHOOL CONTESTED CASE HEARING Special Permit Application No. 12-000138 PLEADINGS 36. Subpoena Duces Tecum(Custodian of Records,County of Hawaii Planning Department) Dated: 12/31/13 Hong, Esq. 37. Subpoena (Custodian of Records, County of Hawaii Planning Department) Dated: 12/31/13 Hong, Esq. 38. Applicants Connection New Century Public Charter School and Community Based Education Support Services (CBESS); Joint Proposed Findings of Face, Conclusions of Law, and Decision and Recommendation; Certificate of Service Dated: 2/I2/14 Louie/Siu/Hong, Esq. 39. Order Adopting Proposed Findings of Fact, Conclusions of Law, and Decision and Order Denying Application SPP No. 12-000138; Certificate of Service Received: 2112/14 Jeff Gomes 40. Duane Kanuha, County of Hawaii Planning Director's Statement of Taking No Position as to the Submission of Findings of Fact, Conclusions of Law and Decision and Order; Certificate of Service Dated: 2/12/14 Amy Self,Esq, NOTE. The following pleadings are out of chronological order.- 41. rder.41. Amended Subpoena Duces Tecum; Notice to a Person or Entity Served; With a Subpoena Duces Tecum Who Is Not a Party to this Case(Terence Yoshioka) Dated: 10/17/13 Hong, Esq. 42. Return of Service, Acknowledgment of Service(Subpoena served on Rachelle Ley) Dated: 10/18/13 Hong, Esq. 43. Return of Service,Acknowledgment of Service(Subpoena served on Kurt Inaba) Dated: 10/18/13 Hong, Esq. 44. Return of Service, Acknowledgment of Service (Subpoena served on Ronald L. Thiel) Dated: 10/18/13 Hong, Esq. 45. Return of Service, Acknowledgment of Service(Subpoena served on Lisa Nahoopii) Dated: 10/18/13 Hong, Esq. 46. Return of Service, Acknowledgment of Service(Amended subpoena served on M. Yokota) Dated: 10/20/13 Hong,Esq. ...... -- ...... Page 4 _..._.... - - SPP No. 12-000136 Page No. 002210 CONNECTIONS CHARTER SCHOOL CONTESTED CASE HEARING Special Permit Application No. 12-000138 PLEADINGS 47. Return of Service, Acknowledgment of Service (Amended subpoena served on J. Yokota) Dated: 10120113 Hong, Esq. 48. Return of Service, Acknowledgment of Service (Amended subpoena duces tecum served on M. Yokota) Dated: 10/20/13 Hong, Esq. 49. Return of Service, Acknowledgment of Service (Amended subpoena served on Lester Sakarnoto) Dated: 10/20/13 Hong, Esq. 50. Return of Service, Acknowledgment of Service (Amended subpoena served on N. Ang-Peng) Dated: 10/20/13 Hong, Esq. 51. Return of Service, Acknowledgment of Service(Amended subpoena served on David Camacho) Dated: 10120/13 Hong,Esq. 52. Return of Service, Acknowledgment of Service (Amended subpoena served on Glenn Tada) Dated: 10/20/13 Hong, Esq. 53. Return of Service, Acknowledgment of Service (Amended subpoena served on Jan Yokoyama) Dated: 10120/13 Hong, Esq. 54. Hearing Officer's Report; Certificate of Service Dated: 417114 Sandra Song,Esq. .__ — ........ - -- _.__... __..... Page 5 SPP No. 12-000138 Page No. 002211 SPP No. 12-000138 ORIGINAL Page No. 002212 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo,HI 96720 Telephone No. 808.933.1919 ted(d)tedhongl aw._com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) IN THE PLANNING COMMISSION COUNTY OF HAWAII In Matter: ) } SPECIAL PERMIT APPLICATION) NOTICE OF NO OBJECTION NO. 12-000138 ) TO PLANNING COMMISSION RECORD } } NOTICE OF NO OBJECTION TO PLANNING COMMISSION RECORD Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES, by and through its undersigned counsel, TED H.S. HONG, hereby provides notice that it has no objection to the Planning Commission record. This notice is brought pursuant to the deadline set at the August 22, 20I3 pre-hearing conference held by Hearings Officer Sandra Song. DATED: Hilo, Hawaii September_�, 2013. '7v21114- /1,,/ 5. HON Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) x SPP No. 12-000138 8 Page No. 002213 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted6_Dtedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) rN THE PLANNING COMMISSION COUNTY OF HAWAII In Matter: } } Special Permit Application } NOTICE OF NO OBJECTION No. 12-000138 ) TO RECORD } } CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 4, 2013, I caused a true and correet copy of the foregoing document to be served on the following persons by electronic and postal mail: Sandra P. Song, Esq. andras n g a�hawaiiantel.net Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Carter Siu, Esq. (Carter.K.Siu@hawaii.gov) Deputy Attorney General Attorney for Applicant Connections New Century Public Charter School 235 S. Beretania Street, Room 304 Honolulu, Hawaii 96813 Amy Self, Esq. (aselaa,co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 SPP No. 12-000138 9 Page No. 002214 Jeff Gomes (kalani omes@hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (daraiAco.hawaii.hi.us) Jeff Darrow (jdarrowaa,co.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED. Hilo, Hawaii September� , 2013. D H. . HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) SPP No. 12-000138 Page No. 002215 SPP No, 12-000'138,, Page No. 002216 ` LINCOLN S. T. ASHIDA 4478 Corporation Counsel AMY G. SELF 7628 Deputy Corporation Counsel Office of the Corporation Counsel 333 Kilauea Avenue, Suite 210 Hilo,Hawai'i 96720 Tel.No. (808) 961-8251 Fax No. (808) 961-8622 Email: aselfca co.hawaii.hi.us Attorneys for Duane Kanuha, County of Hawaii Planning Director BEFORE THE COUNTY OF HAWAII WINDWARD PLANNING COMMISSION In the Matter of SPP-12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY DUANE KANUHA, COUNTY OF HAWAII BASED EDUCATION SUPPORT SERVICES PLANNING DIRECTOR'S NOTICE OF NO OBJECTION TO PLANNING COMMISSION Application for Special Permit Application No. RECORD; CERTIFICATE OF SERVICE 12-000138 TMK: (3)2-5-006:141; Kaumana,South Hilo, Hawai'i DUANE KANUHA COUNTY OF H WAIL PLANNING DIRECTOR'S NOTICE OF NO OBJECTION TO PLANNING COMMISSION RECORD DUANE KANUHA, COUNTY OF HAWAII PLANNING DIRECTOR, by and through his undersigned counsel, hereby submits his notice of no objection to the Planning Commission Record. This notice is made pursuant to the deadline set at the August 22, 2013 pre-hearing conference held by Hearings Officer Sandra Song, Dated: Hilo, Hawai'i, September 5, 2013. DUANE KANUHA, COUNTY OF HAWAI`1 PLANN G DIRECTOR By AMY ELF DepuCorporation Counsel His A omey SPP No. 12-000138 Page No. 002217 BEFORE THE COUNTY OF EIAWAI`I WINDWARD PLANNING COMMISSION In the Matter of SPP-12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY CERTIFICATE OF SERVICE BASED EDUCATION SUPPORT SERVICES Application for Special Permit Application No. 12-000138 TMK: (3) 2-5-006:141; Kaumana, South Hilo, Hawaii CERTIFICATE OF SERVICE I HEREBY CERTIFY that on September 5,2013, a copy of the foregoing document was served upon the following in the manner indicated below: Hand Delivery Mail Email SANDRA P. SONG, ESQ. (X) 10 Kamehameha Avenue Hilo, Hawaii 96720 Email: sandrason T Cwhawaiiantel.rict Hearings Officer CARTER SIU, ESQ. (X) Deputy Attorney General State of Hawaii 235 S. Beretania Street, Room 304 Honolulu,Hawaii 96813 Email: Caner.K.SiuLg�hawaii.gcv Attorney for CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H.S_ HONG, ESQ. (X) P. O. Box 4217 Hilo, Hawaii 96720 Email: ted nedhont±law.com Attorney for COMMUNITY BASED EDUCATION SUPPORT SERVICES SPP No. 12-000138 Page No. 002218 Hand Delivery Mail Email ]EFF GOMES (X) 281 Edita Street Hilo, Hawaii 96720 Email: kalani ernes_,hawaiiantel.net Intervenor DARYN ARAI (X} JEFF DARROW County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo,Hawaii 96720 Email: darai@co.hawafi.hi.us jdarrow@co.hawaii.hi.us Windward Planning Commission Dated: Hilo, Hawaii, September 5,2013. 4 AMY G. 9LF Deputy orporation Counsel County of Hawaii 2 SPP No. 12-000138 Page No. 002219 . ; SPP No. 12-000138 Page Na 002220 \ 0 b '§ R Ln z � 0 g § 3 $ 2 cli b � Q � q S2 .� / 2 a � � o E ƒ � G S 9 § � § ƒ .// 0 � R u \ � � 7 ' w 0 2k3 B > CI. � d q � o 2 fZ 2 § $ 0 0 �_ 7 Q \ k u § 2 C� m En u Q / § � : § $ 0 / 9 � k k § Q � e § k A \ 0 k \ � ® z f 2 / U Z2, ) 0 k c U SPP No. 12-000138 Page No. 002221 BEFORE THE COUNTY OF HAWAII WINDWARD PLANNING COMMISSION In the Matter of SPP-12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY CERTIFICATE OF SERVICE BASED EDUCATION SUPPORT SERVICES Application for Special Permit Application No. 12-000138 TMK: (3)2-5-006:I41; Kaumana, South Hilo, Hawaii CERTIFICATE OF SERVICE I HEREBY CERTIFY that on October 3,2013, a copy of the County of Hawaii Planning Department's List of Witness was served upon the following in the manner indicated below: Hand DeliveKy Mail Email SANDRA P. SONG,ESQ. (X) I0 Kamehameha Avenue Hilo, Hawaii 96720 Email: sandrasong(a hawaiiantel.net Hearings Officer CARTER SIU, ESQ. (X) Deputy Attorney General State of Hawaii 235 S. Beretania Street, Room 304 Honolulu, Hawaii 96813 Email: Carter.K.Siuhawaii.gov Attomey for CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL i SPP No. 12-000138 Page No. 002222 Hand Delivery Mail Email TED H.S. HONG, ESQ. (X) P. O. Box 4217 Hilo, Hawaii 96720 Email: ted(@—tedhonalaw.com Attorney for COMMUNITY BASED EDUCATION SUPPORT SERVICES DARYN ARAI (X) JEFF DARROW County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Email: darai(r�r�,co.hawah.hi,us idarrow�,co.hawaii.hi.us Windward Planning Commission JEFF GOMES (X) 281 Edita Street Hilo, Hawaii 96720 Email: kalanipomes a,hawaiiantel.net Intervenor Sidney Fuke (X) Email: sidfuke@hawaiiantel.net Dated: Hilo, Hawaii, October 3, 2013. AMY . S LF Deputy Corporation.Counsel County of Hawai`i 2 SPP No. 12-000138 Page No. 002223 4 SPP No. 12-000138 ORIGINALPage No. 002224 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room304 Honolulu, Hawaii 96813 Telephone No. 808.586.1255 Carter.K.SiuAhawaii.gov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 tedAtedhonalaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000I38 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT ) APPLICANT'S CONNECTION NEW SERVICES } CENTURY PUBLIC CHARTER SCHOOL and } COMMUNITY BASED EDUCATION } SUPPORT SERIVCES (CBESS)JOINT Application for Special Permit Application } SUBMISSION OF APPLICANT'S EXHIBIT No. I2-000138 } LIST ; CERTIFICATE OF SERVICE TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii } SPP No. 12-000138 Page No. 002225 APPLICANT'S CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS)JOINT SUBMISSION OF APPLICANT'S EXHIBIT LIST Applicant's CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES, hereby submits its Joint Submission of Applicant's Exhibit List attached hereto and through its undersigned counsel, CARATER K. SIU and TED H.S. HONG, hereby provides notice that the foregoing documents are submitted and shall be used during the Contested Case Hearing. This notice is brought pursuant to the deadline set at the August 22, 2013 pre-hearing conference held by Hearings Officer Sandra Song. DATED: Honolulu, Hawaii October__._.,__,_,, 2013. CARTER K. SIU -- Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Hilo, Hawaii October , 2013. D H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) SPP No. 12-000138 Page No. 002226 APPLICANT'S_GO_ InECTION NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BALD EDUCATION SUPPORT SERVICES CBESS)JOINT SUBMISSION OF APPLICANT'S EXHIBIT LIST Applicant's CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES,hereby submits its Joint Submission of Applicant's Exhibit List attached hereto and through its undersigned counsel, CARATER K. SiU and TED H.S. HONG,hereby provides notice that the foregoing documents are submitted and shall be used during the Contested Case Hearing. This notice is brought pursuant to the deadline set at the August 22, 2013 pre-hearing conference held by Hearings Officer Sandra Song. DATED: Honolulu, Hawaii October , 2013. CA ER K. SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Hilo, Hawaii October ,2013. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CBESS) i SPP No. 12-000138 Page No. 002227 z � a a � V W O0-0 F" 4- � 00 cn U Q O a 1C o = .� =3V O V ~ acaa x cn a 3 r� E r. a x w 4- o a °n° WW � � > .� a� o U a C:Ll Ln or! 0 C) M „ cc � o a, Q cG N [G [G cti cG C Ai n o b (U $, U CO t� w C C bA bA W 'Cj O 0 A 0 ' C/) Ln o A cd t� z/7 cC Uj U CIS U o O 4 3 ai 3 '+ 3 -z: 3 �" o E -2 = cx � x � � Cc U a� a� P-4 o o °' o ° ro M o o a o a o 'er o Q O o b vacn' UP4UrxUr4u 64 SPP No. 12-000138 Page No. 002228 N 0 z w � a � � x � 0 N 3 U m x U o � �. ° U ❑ C� cz cd O Ocz QdczO tom. �" w a� o p b Ww o E W x o o X 00 " `J H `-' o ° to O � °O � m a� a� as as v b o � U aac, ww ° af� v� CZ cz o o �n o � a fn E E E E E E o o °' O -v > v] po o o � .,.. •� C.L� •.• U U U U U O z ti W a � 0x C4 uUUUUUUUUUv� Q �" oo CISo_ cy m � Ln n_ maN o Q a. SPP No. 12-000138 Page No. 002229 CELIA SHFN Senior Planner Wil Chee Planning. Inc. Ms. Shen holds a BArch(1991), a Graduate Certificate in Historic Preservation(2000)and a MURP in Urban and Regional Planning (2004) from the University of Hawaii at Manoa. Her 14 years of professional experience includes working as a land use planner and as an independent consultant specializing in the research and preparation of nomination forms for the Hawaii Register of Historic Places. She has additional experience as a University of Hawai'i graduate research assistant where she conducted traffic safety studies and a marine aquaculture siting study. both of which required the extensive use of GIS. Ms. Shen joined Wil Chee .. Planning. Inc. (WCP) in April of 2004. Work Experience April 2004—current Wil Chee— Planning, Inc. Ms. Shen's responsibilities at WCP include land use,conceptual, and master planning; space/facility planning; permitting; and environmental impact documents. While at WCP,she has been involved with educational facility projects for St. Francis School, St. Louis School,Connections Public Charter School,and the University of Hawaii. She was the lead planner for several master planning projects for new resorts and residential developments in China and treaded a team that prepared two Environmental Assessments(EAs) for a road reconstruction project in Aceh. Indonesia, following the disastrous Isunami of December 2004. Her background in preparation of National Environmental Policy Act(NEPA) and I-IRS Chapter 343 documents is extensive, having been involved in EAs and Environmental Impact Statements(EiSs) for a wide range of project types. Key projects at WCP include: 2011 Project manager and lead author for the 202K Grow the Force EA. Marine Corps Base Hawai'i - Qne'ohe 2011 Project Manager for the MiLCON Projects P-749 and P-750 Bachelor Enlisted Quarters Supplemental EA, Marine Corps Base Hawaii - Kane'ohe 2011 Project planner and contributing author for the Conslrllc6011 ora Flood Mitigation Project (PN 56024)at Fort Shafter Flats EA 201 1 Project planner and contributing author for the Technology Demonstration for Remotely Operated Underwater Munitions Recovery System (ROUMRS)and Energetic Hazard Demilitarization System (ENDS) EA.Ordnance Reef, Wai'anae. Hawaii 2010 Project manager and lead author for the Long Range Development Plan Revision and Update, and Supplemental EIS. University of Hawaii Center West Hawai'i 2010 Project manager and lead planner for the Conditional Use Perin it for St. Francis School 2010 Planner and primary author for the Bachelors Enlisted Quarters Feasibility Study, Marine Corp Base Hawaii - Kane'ohe 2009 Project manager and lead planner for the Minor Modification and Zoning Variance for the St. Louis School Ching Technology & Learning Center 2009 Project manager and lead planner for the University of Hawaii Holmes Hall Facility Renovations, Technical Assistance to Prepare a Proposal Package to the Recovery Act NIST Construction Grant Program 2009 Project manager and lead author for the MILCON Projects P-749 and P-750 Bachelor Enlisted Quarters EA, Marine Corps Base Hawaii - Kane'ohe EOibft—L I SPP No. 12-000138 Page No. 002230 Celia Shen Curriculum Vitae Page 2of3 2008 Project Manager and primary author for the Proposed Construction of the Joint POW-MIA Accounting Command Facility EA, Hickam Air Force Base 2008 Project planner and contributing author for the Central Oahu Wastewater Facilities Plan EIS 2007 Lead planner for the St. Louis School Lower School Space Study 2007 Lead planner for the St. Louis School Classroom Study 2007 Lead planner and primary author for the Kuntz BallFeld Area Site Survey Report, Hickam Air Force Base 2007 Project planner and contributing author for the Integrated Cultural Resources Management Plan, Marine Corps Base Hawaii 2005 Project planner and primary author for the.lolin Rodgers Tank Fann Phase I Environmental Baseline Survey Reporl 2005 Project planner and primary author for rhe Band Aceh to Meulaboh Road Reconstruction and Rehabilitation Projecl Phase I and Phase 11 EAs, island of Sumatra. Indonesia Jan 2001 — May 2003 University or Hawaii, Dept. or Urban and Regional Planning(Honolulu, H1) Graclrtate Research Assistant Aquaculture Feasibility Study - Responsible for conducting the literature review, collecting oceanographic data from various government agencies, researchers, etc., modifying data for use in a geographic information system (GIS), generating spatial data layers. generating a demonstration model, and writing the final project report (Using Ger�qrvphic lnfnrmation Srsterxc to Survev Offbore Aquaculture Siles fn Ifu«ail}. Bicycle Observation Study - Responsible for conducting the literature review, analyzing data collected from field observations, and writing the final project report (Bicycle observation,Studr). Pedestrian Observation Study - Responsible for conducting the literature review, collecting observational data in the field, analyzing observational data, and writing titre final project report (R.csc,�ssing the Potentia!joy Utilizing Video Technoiogn,in Peclestrian Studies). Aug 2001 —Aug 2003 Independent Consultant Responsible for researching and preparing State Register of Historic Places nomination forties. • Completed nomination forms for the Andrews, Miller, Potter. Rced, Snyder, and Davis Residences as part of the College Hills thematic nomination,and the Petersen Residence for The Contemporary Museum. All residences were successfully nominated to the Hawaii Register of Historic Places. Nov 2000—Jan 2001 Independent Consultant Assisted the Oahu Metropolitan Planning Organization in carrying out various activities related to the public input process undertaken to complete the 5-year update of Oahu's 25-year transportation plan (Transportutionr_fnr 0uhu Plan 2025 ). Assisted participants at public input and focus group meetings to complete public preference surveys, and compiled post-InWing sumrMaries that hightighted critical isskics, concerns and ideas raised during these meetings. • Compiled, analyzed and organized for publication, the survey data gathered during, the public input meetings. Apr 1997—Aug 1997 Historic Preservation Division,State of Hawaii(Honolulu, HI) June 1998—Aug 2000 Historic Preservation Specialist intern 4 SPP No. 12-000138 Page No. 002231 Celia Shen Curriculum Vilae PageIof-A Responsible for maintaining the historic architectural properties database. Assisted in the research and preparation of nominations to the State Register of Historic Places. • [mplemented the successful conversion of the historic architectural properties database into Access and enhanced the inventory's usability and accessibility. • Cataloged the architectural properties photograph collection and added it to the historical architectural properties database. • Assisted in the preparation of Slate Register nomination forms including the University of Hawaii's East—West Center. Alar 1992— Dec 1995 Alexander& Baldwin Properties, Inc. (Honolulu, HI) Land Planning Analnvf Responsible for the development of land use alternatives. objectives,design concepts, written narration and supporting graphics in order to aid management in developing land planning strategies and evaluating land use options. • Coordinated the preparation of zoning amendment petitions for the Port Allen Industrial Expansion (Kauai) and the Grocery Warehouse lot (Kaua`i), and assisted in the preparation of the Kukui`ula Planned Community Revised Phase I (Kaua`i) zoning amendment petition. All three projects received County approval for a change in zoning. • Coordinated the preparation of the Katnoa 11 Agricultural Subdivision (Matti) SMA application. Project received County approval of the SMA permit. • Contributed to the development and refinement of A&B Properties' Port AllenlEleele Master Plan (Kaua`i) for company-owned lands in the region. • Prepared Capital Expenditure Requests (CER) requiring executive management approval, to facilitate the progression of land development projects. CER amounts ranged from $15.000 to $170.000. Education University of Hawaii at Manoa Major; Architecture Degree: Bachelor's of ArChiteCttrre, December 1991 University of Virginia-Charlottesville Major: Urban and Environmental Planning, 25 graduate semester credits completed Universitv of Hawaii at Manoa Major: Historic Preservation Degree: Graduate Certificate in Historic Preservation, May 2000 Major Urban and Regional Planning Degree: Master's of Urban and Regional Planning, May 2004 Professional Affiliations American Planning Association - National and Hawaii Chapter SPP No. 12-000138 Page No. 002232 PHILLIP J. ROWELL, P.E. Pnnc+pal, Phillip Rowell and Associates EDUCATION BS,Civil Engineering. 1971,Clemson University MS,Civil Engineering(Transportation&Traffic Engineering), 1972,Clemson University REGISTRATION Professional Civil Engineer in California(1975)&Hawaii(1989) MEMBERSHIPS Institute of Transportation Engineers(Life Member` EXPERIENCE RECORD 199510 Present Phillip Rowell and Associates.Honolulu,Hawaii Principal of consulting firm specializing in transportation planning and traffic engineering projects in Hawaii and California. The following are representative recent projects • Phlani Promenade(Kihei) • Saddle Road Extension TIAR • KIC Resort Area 26 TIAR(Kailua-Kona) • Puunene Heavy Industrial Subdivision • Cosco,Lihue,Kauai • Fort Shaffer Flats Drainage Improvements Traffic Management Plan • Kapa'a Light Industrial Park(Oahu) • Stryker Brigade Combat Tem Facilities at MCBH • Onizuka Space Center Museum at Keahole Airport • Hyatt Regency Master Plan(Kaanapali) • Target(Sall Lake) • Puunene Avenue-Mokulele Highway Widening • UH West Hawaii Campus • Oahu Commercial Harbors 2020 Master Plan • NMFS Honolulu Laboratory Renewal • Pico-Union Neighborhood Traffic Protection Pian(Los Angeles) • American Mental Association Convention Traffic Management Plan(Honolulu) • Lions Clubs International Convention Traffic Management Plan(Honolulu) • First Hawaiian International Auto Show Traffic Management Plan • No. 1 Capital District Building Traffic Impact Analysis • China-U.S.Center Traffic Impact Analysis(Hilo) 1995 Parsons Engineering Science,Inc.,Honolulu,HawaVi Senior Traffle Engineer-Responsibilities included business development in the areas of traffic engineering and transportation planning and c0ordinalion of traffic studies with other disciplines and offices, Manager of traffic engineering projects conducted by the Honolulu office Manager of traffic engineering projects conducted by the Honolulu office,including traffic studies for • Hawai'i Convention Center Traffic Analysis • Walmart Traffic Impact Study Waiakea,Hilo Hawaii 1989(o 1995 Barton-Aschmen Associates,Inc.,Honolulu Hawaii Principal Associate Manager of the Honolulu office and project director for all projects conducted in that office Served as Project Manager on the following representative projects: • Castle Junction Interchange Study • Aloha Tower Traffic Study • Maui Business Park.Phase 2 Kahului Maui • Maui Lu Traffic Study Kihei Mau; Makena Resort Master Plan Traffic Impact Study Kana Coast Resort TIS and Ali)drive Design Kona • Kahului Town Center TIAR and Basis of Design Study,Kahului,Maui • Aloha Tower Traffic Impact Studies.Honolulu • Traffic and Parking Studies for Honolulu International Airport • Traffic and Parking Study for Guam lntematronai Airport EKpansion • Construction Traffic Management Plan for Honolulu International Airport Phillip J. Rowell. P,E Page 1 of 2 Exhtibi SPP No. 12-000138 Page No. 002233 '984 to 1989 Barton-Aschman Associates,Inc.,Pasadena,CA Senior Associate-Performed traffic�mpacl and parking studies in California,Hawaii,Arizona and Nevada. Representative proiecls include General Telephone Co.HQ Traffic Study.Thousand Oaks,CA • Citywide Traffic impact Mitigation Fee Study,Carlsbad,CA Ave.RIAve,S Corridor and Impact Fee Study.Palmdale,CA • HUSITE Transportation Planning Study,Las Vegas,NV • CBD Redevelopment Transportation Study,Las Vegas,NV • Harbor Gateway Transportation Study,Los Angeles,CA • West Hollywood City-wide Parking Study,West Hollywood,CA • Hollywood Parking Study,Los Angeles,CA • Tucson Malt(Tucson Place Traffic Study,Tucson,AZ 1982 it)1984 Department of Transportatlon,Beverly Hills,CA City Traffic Engineer and Assistant Director of Transportation-Beverly Hills,CA-Responsibilities included the day-to-day operations of the engineering and parking sections of the DOT;review or all traffic impact studies submitted to the City;installation and maintenance of traffic signals;independently conducting traffic studies for City projects;and implementation of the City's street and alley lighting program,public shuttle bus programs,and Street Master Plan 1980 to 1982 Wilbur Smith and Associates,Kuala Lumpur,Malaysia 8 Hong Kong Project Design Engineer-Conducted traffic studies and prepared preliminary geometric plans for 11 interchanges along the Jitra-Butterworth Toll Road in Malaysia. Subsequently prepared final plans for the interchanges. In Hong Kong,prepared plans for a new interchange connecting mainland China with Hong Kong, 1978 to 1980 Wilbur Smith and Associates.Lexington,Kentucky Project Design Engineer-Prepared plans and specs for the following: • Main Street Interchange,Lexington,KY • Edgewood Boulevard,Lansing,MI 1-40/1-640 Interchange,Knoxville,TN Kenwood Subdivision,Lexington,KY 1974(o 1978 Wilbur Smith and Associate,Los Angeles,CA Senior Transportation Planner-Major projects worked on were: • Wait Disney World Transportation Study,Orlando,Florida • City-Wide Circulation Study.Santa Maria,California San Gabriel Valley Transit Study for SCRTD,Los Angeles,CA • Wes]Los Angeles Transit Study for SCRTD,Los Angeles,CA 1974 to 1974 Wilbur Smith and Associates,Columbia,SC Design Engineer-Representative projects include South Mountain Retirement Resort,Burke County,INC Waccamaw Plantation,Waccamew,SC • Monroe Downtown Redevelopment Project,Monroe,NC • Seaboard Park Redevelopment Project,Columbia,SC 1971 to 1972 Civil Engineering Department,Clemson University.Clemson.SC Graduate Teaching Assistant-Graduate teaching assistant in the Civil Engineering Department Classes included transportation planning and traffic engineering. Phillip J. Rowell, P.E Page 2 of 2 SPP No. 12-000138 Page No. 002234 Curriculum Vitae Kevin Luoma PE LEED® AP Senior Engineer Associate WSP Hawaii, Inc. Career Summary Kevin brings over 10 years of experience and a proven ability to apply his mechanical and sustainable design knowledge to a broad range of projects. Kevin's skills and his dedication to clients and their complete satisfaction makes him a strong contributor on any design team.® Professional Qualifications B.S.Mechanical Engineering, University of Michigan Licensed Professional Engineer—Mechanical—Hawaii(#13191)&California (#32388) LEED®—Accredited Professional, US Green Building Council Professional Memberships Board of Governors,American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (ASHRAE) Member, Hawaii Chapter of the US Green Building Council Selected relevant experience Project Experience Education • Malams Learning Center, Kapolei, Maui • Lanai High School—6 Classroom Building, Lanai, Hawaii 0 Morgan Stanley Tenant Improvement,Honolulu, Hawaii University of Hawaii IT Services Building, Honolulu, Hawaii University of Hawaii Culinary Institute of the Pack, Honolulu, Hawaii • King Kekaulike High School Auditorium 0 Walluku Elementary School, Wailuku, Hawaii • Hawall Pacific Univwsfty New Chiller Plant and Academic Center Renovation, Kaneohe, Hawaii • Hawaii Baptist Academy High School Expansion, Honolulu, Hawaii lolani School Innovation Center, Honolulu, Hawaii Exhtbff �`Vll curriculum WOO ws Kevin Wams 1 1 2 1 Al !�_r SPP No. 12-000138 Page No. 002235 Curriculum Vitae Commissioning • Lokelani Intermediate School, Kihei, Hawaii • University of Hawaii Webster Hall School of Nursing, Honolulu, Hawaii • Waianae High School,Waianae, Hawaii Sustainable I LEEDS • Malama Learning Center, Kapolei, Maui • Pacific Beach Hotel LEED EBOM Study, Honolulu, Hawaii • Kauai Federal Credit Union, Kauai, Hawaii • Lanai High School—fi Classroom Building, Lanai, Hawaii • Morgan Stanley Tenant Improvement, Honolulu, Hawaii Healthcare • Queen's Medical Center, Honolulu, Hawaii • Prentice Women's Hospital, Chicago, Illinois + Northwestern Memorial Hospital, Chicago, Illinois • Northwestern Memorial Hospital Outpatient Imaging Center, Chicago, Illinois • Rush University Medical Center, Chicago, Illinois • Bollingbrook Medical Center, Bollingbrook, Illinois • Guam Surgery Center,Tumon,Guam • Mahelona Memorial Hospital, Kapaa, Kauai, Hawaii Retail/Restaurant • Mobi PCS, Nanakuli, Hawaii • Burberry Duty Free Shop, Honolulu, Hawaii Office • AIN Place,Honolulu, Hawaii • Pacific Guardian Center, Honolulu, Hawaii • ABN AMBO Plaza, Chicago, Illinois + Dearborn Center, Chicago, Illinois • Waterfront Plaza,Honolulu, Hawaii General • Abbott Labs Daycare Facility,Gurney, Illinois • Omod Residence, Honolulu, Hawaii • DOW Agrosciences, Kauai, Hawaii Curriculum Mise *WSP Kevin luoma 2 12 I SPP No. 12-000138 Page No. 002236 ERIC B. GUINTHER a AECOS Inc. Eric B. Guinther is an ecologistlbotanist and aquatic biologist with over 40 years of experience conducting environmental studies throughout the central Pacific Basin. His responsibilities at AECOS include: conducting field surveys, producing environmental survey reports, and making plant and animal identifications (taxonomy). As president and chief biologist at AECOS Inc., he plays a role in corporatelproject management and directs a team of seven fellow biologists with specialties in marine biological surveys (certified for SCUBA), stream and lake surveys, wetland surveys and delineations, and terrestrial biological surveys, including botanical surveys. As chief editor, he is responsible for quality control over all reports prepared by the AECOS biologists. Mr. Guinther's educational background emphasized ecology, encompassing zoology, botany, geology, and water quality. He has worked extensively in marine, freshwater, and terrestrial environments- mostly throughout the Hawaiian Islands. However, he has conducted surveys in many parts of the western and central Pacific, including Guam, Tinian, Saipan, American Samoa, Western Samoa, Kwajalein Atoll, Canton Atoll, Fanning Atoll, Christmas Island, Yap, Palau, and Japan. He has experience in collecting field data using Trimble GNSS and processing GIS data with ArcView/ArcMap. In the last two decades, Mr. Guinther's field work has involved mostly surveys assessing the distribution of terrestrial plants to document potentially sensitive species (rare native or listed species) for client projects, and conducting wetland inventory and delineations of jurisdictional waters. In his free time he grows native Hawaiian plants in a home nursery for out-planting at a native planting site on windward Oahu at Na P6haku o Hauwahine, a state park reserve. Education University of the Pacific, B.A. Biology, 1965. University of the Pacific, graduate studies. 1965-4967. University of Hawaii, graduate studies. 1967-1973. Positions and Experience 1983 to present-Principal and President, AECOS, Inc. 1982 to 1983 -Principal and Corporate Treasurer, AECOS, Inc. 1974 to 1981 - Biologist and Vice President, AECOS, Inc 1972 to 1974 -Marine Benthic Biologist, AECOS, Inc. 1970 to 1973 -Research Assistant, University of Hawaii. 1967 to 1970 -Teaching Assistant, University of Hawaii. 1964 to 1967 -Teaching Assistant, University of the Pacific Exhibit I SPP No. 12-000138 Page No. 002237 Reginald E. David Rana Biological Consulting Phone: (808)329-9141 PO Box 1371 Cell: (808) 937-0124 Kailua-Kona, Hawaii 96745 email: rdavid@ilhawaii.net Employment. President,Rana Biological Consulting 2009 -present 1975-2009: President, Rana Productions,Ltd. Professional Experience: Over the past 26 years I have worked as a terrestrial vertebrate biologist in Hawaii and the Tropical Pacific. Between 1986 and the present i have conducted over 1000 faunal surveys for the USFWS,the State of Hawaii, and numerous private concerns, on all of the main Hawaiian Islands as well as on Midway, Nihoa, Necker and Kure Atolls. I have extensive Field experience in New Zealand, Tahiti, Kiritimati, Guam,Saipan,Tinian, Gilbert Islands, Vanuatu, Republic of Palau, Eastern Siberia, Korea and the western United States. I am also experienced in the radar tracking of seabirds and bats as well as ultrasonic censusing of bats. I have authored over 20 peer-reviewed papers, one book and over 375 technical reports on birds and mammals. I have a good working knowledge of USFWS, State of Hawaii, and the Federal Department of Transportation environmental laws and regulations. 1 am experienced in preparing Biological Assessments (BA's) required under Section "7" of the Endangered Species Act (ESA) and in negotiating mitigation under Section "7" of the ESA with the USFWS. I am also experienced in preparing Habitat Conservation Plans, and Section 10 and State 195D HCPs. I also have experience in preparing Natural Resource Management Plans (NRMP's) and DoD, Integrated Natural Resource Management Plans (INRMP's) as well as State of Hawai'i Section 343 Environmental Assessments. I also have over 10 year of experience in consulting on behalf of entities on USFWS Critical Habitat and endangered species delineations. Over the past 18 years I have functioned as the senior biologist on several large projects, responsible for overseeing all biological work performed by scientists covering the full spectrum of biological disciplines from geology to wetlands and marine sciences. I have also performed as the lead biologist representing federal and State of Hawaii clients before state and federal regulatory agencies on complex projects like the Federal Highways Administration,Saddle Road Project. A 40-page list of my publications,and technical reports is available upon request. Related Activities: • US Fish&Wildlife&DLNR,Newell's Shearwater Working Group. • US Fish&Wildlife&DLNR, Hawaiian hoary bat Technical Working Group • State of Hawai'i Department of Land and Natural Resources, Natural Areas Reserve Commission (MARS)Commissioner: 1999- 2004 • Moderator- HawaliiBirding chatline and website: 2002-present • Hawai'i Natural Heritage Program,Ornithological Advisory Committee, R.David Ornithological C.V.&Publication List-10/16/1 2 Pg. 1 - EJChlbl ��- I SPP No. 12-000138 Page No. 002238 Reginald E. David • The Mauna Kea Management Board - Environmental Committee. • US Fish&Wildlife Service,'Alala Recovery Team Member: 1994- Present. • National Audubon Society: Board of Directors member: 1993-1996 • Hawaii Audubon Society: Board of Directors member: 1989- 1996, 1998 • Hawai'i Audubon Society:Treasurer 1998 • Hawai'i Audubon Society: President 1990-1994 • US Fish & Wildlife & DLNR, Hawaii Endangered Waterfowl Recovery Team Advisory Committee Membership in Professional Societles: • American Ornithologist's Union, • Association of Field Ornithologists, • Cooper's Ornithological Society, • Wilson's Ornithological Society, • The Wildlife Society. A,Cavld Ornithological C.V,&Publication List-10/16/12 Pg. 2- SPP No. 12-000138 Page No. 002239 John J. Ida, AIA,CSf Role ,luhn Iiia-s a rt.i.^Lind er acrd man--,ng pa::ne� at LbUan Wo:irs_aro aichiIcc!oral fi:in m Hoilolu u. -lechnizal Adu,sor whirh soeciahzet, r� med^cit dotal,educalfcna!,housing and commtinny-related prole:t'; :He has Education dean active in f e ar.lulrclur I non: roily since 1980, 'ollovying the completion nF his Eraduatn 1969 education and st,bsequent employmert In SeVile. John rr,re:ved a of A,i Chit F'CtLVe trainthe 'Joweslly o! H-=,wFi€ and his Master o! Afchileclare from the Unrvarsi! o ,'asiin li�iversi!y of Htuwau iy `N ' Etan Pachele, �;,f Architecture 19691972 Selected Projects Oiiice- U-iited„alF:s Army Education 1973 orgorig Hale Aio7a,AAar=.orr,Carni Oniversilp0 Kanau Hrle Unwersity o`Washingion 2012 Palarn,vu!Campus,Phase I &2,Hawaii Community College mailer of Air tiiteclu'e 200-4 New Elemerrary Campus,Mid,-Pact(rc rstilule 2000 Gateway House Renovation,LJruversuy cf Hawaii Registrations 1992 -erlovapon 10 A?un.Op-al 80116mg&0rvr�,Audannuni,U-^=.wersrly of 11awtib1 Hrwa,3 Washingro^ ProararrmingJMaster Planning CSI A=;_redoed Piofess•ond 2012 University 0 Hawau Cen!er at West Hawau(U'-ICwN) 2007 lvianano Campos,Long Range Development Fieri,Unrvei s--ly o`Har,,a:� 2004 West Hawaii Civic Genler,Courly of Hawaii Professional Experience 1999 LiKiL Pnhce Station&Emoargency Operahons Center.County of Maui 1982 N1.20ei Ptar!or Fail Weil C:errlei,Llnr:arsriy_)FHawau 1984- Urban Works, Inc. Institution 2004 Chong Family Cheese Cu!lural Center 198!-1983 2002 Oceanic,lnslilL!la Hatchery kc ftiu°sorry Fos lity,Hawa+r Pacific Uniyr rsily TRA Medical (9744981 20;2 Slh F!(,.-)f JCrnr Genler,Qdeen's?vtediCal Ccaier Milhun 2010 Queens Genler Cancer Cenl�;r,Queen's Medica;Cenlei 2005 Hawaii Medical Library,Queer.`,Med!cai Center 2004 Kinau I Building,Queer's Miud:cal CriritCr Professional Affiliations 2003 0ouw r,i Cen!er Ma5le, Plan 2003 Now Addition io d=^.Ier Tiansci inimr,Area,Queen',Medical Ccrilei A'A Honclaki President Elect.2014 20100 Queens Medical Center lolani Builcing Ma,ler flan 1999 QJeen's Paheni ien Infant Ii AIA Hanalulu Treasurer,2012 Meals on Whoefs,Bcrgrd of Directors a D Baerd Chair,Warafae W V and Hg Arts orgrtairf? Da--cnd Haag 7heelre Indusfryf Infrastructure 2013 East Kapolei Fire Sialion,City&.Courily of dorolulu 2012 Middle 5lreet Hie-modai Centai,City&County of Hnrrsluh: 2012 Hnnol ilu Zoo New Erl;y arc:GJ1-hop,Ohy&C,.,.inty otl'o7al,du 2007 Honoloki Zoo Learning C en`er,Ci!ly&County,4 Hon,:luly 2007 Middle Street Fiandi Van Facrlily&M intennr:e S'±ed,aly&.Courly f'l—;moltlu 2004 Hina hiauka,Cmy&.C„tuurly of Honolulu 2003 Mimic!Gelcu'ion Faciiily,DADS 1995 Hana AirF^,urr(vlan i Plan&NICP.Stale Department c Transportation Residenrialf Hospiraliry 2007 Kaka'ako Lclts,Honohslis,HI 2007 Hilton Warsa!oa Lagoon Grade Renovaliur: 2002 Hamat Residence 1999 W&?.`ae Ike j Rosi fF;nlial URBAN Woks Exhibl"It-�� i SPP No. 12-000138 Page No. 002240 AECOS, Inc. 45-939 Kamehameha Highway, Suite 1O4*Kaneohe HI 96744 Telephone: (808)234-7770♦ Fax: (808)2347775 *Email: aecos@aecos.com DAVID MIRANDA David Miranda received a B.S. degree in Horticulture Technology in 1978 from the University of Hawai'i at Manoa. He has worked in a variety of horticulture enterprises and has undertaken botanical surveys for the National Park Service, Connections PCS and AECOS. David currently owns and operates his own native plant/gardening business and works part time for AECOS and on-call for Connections PCS. His part time work for AECOS, includes conducting botanical field surveys and stream water quality monitoring. David has over 35 years of experience in the field of horticulture and botany. His experience includes: • Identifying native and ornamental plants in the field. • Using taxonomic keys to identify plants not easily identifiable in the field. • Surveying in remote and varied terrain throughout the state of Hawaii. • Developing propagative methods for native plants and ornamentals. • Evaluating and monitoring crops for disease and nutrient problems through observation and experimental plots. • Navigating varied terrain with compass, map and GPS (familiar with Trimble and Garmin). • Collecting water samples and performing field measurements for stream monitoring programs on the island of Hawai'i. • Assisting with aquatic and riparian stream and shoreline flora and fauna surveys. • Basic knowledge and use of Microsoft Word and Excel. Recent projects that David has completed for AECOS, Inc. include botanical surveys for the Auwahi Wind Farm,botanist for the Waikoloa Military Training Area soil sampling project,biological survey and water quality for the Kapiolani Road extension project, and botanist for the Pahala Timber project. Recent projects completed for Connections PCS included miles of transect surveys and trails on the Connections PCS Kaumana project site. David has completed the 40-hour basic health and safety training required for hazardous waste workers under OSHA 1910.120. David has a keen interest in Hawaiian and biblical history and archaeology. He has an avid interest in the natural history of Hawai'i and is adept at sighting and identifying rare native plants and native birds. He is an avid hiker and hunter of feral pigs and promotes hunting and gun safety. David shares his knowledge and mentors teens and young adults interested in the natural history of Hawai'i, hunting and native plant propagation. Exhibi>�-� i SPP No. 12-000138 Page No. 002241 Dennis I. Hirota, PhD, PE, L.PL.S President, Civil Engineer/Land Surveyor Sam 0. Hirota, Inc. Dr. Dennis Hirota is the President of Sam Hirota Inc., a third-generation family operated civil engineering and surveying consulting company, founded by his father 50 years ago. Work Experience January 1971 —current Sam O. Hlrota, Inc. Dr. Hirota was appointed President in 1986. His responsibilities include all operations for the firm for land surveying, civil engineering and digital imaging. He has extensive experience in the use of in-house computers and software for mapping, planning and site civil engineering work. Civil engineering work includes master planning, subdivisions, roadway design, earthwork, drainage, water and sewer systems. He was the 2009 "Engineer of the Year' award by the Hawaii Society of Professional Engineers. Recent civil engineering projects on the Island of Hawaii Current Hualalai Maintenance Complex, Kailua-Kona, Hawaii Current Hualalai Mauka Subdivision, North-Kona, Hawaii Current Hualalai Commercial Lot Subdivision Current The Shores at Kohanaiki Resort Subdivision, North-Kona, Hawaii Current Kaupulehu Development Lot 45 &46 Subdivision, North-Kona, Hawaii Current Kona Village Resort, Kailua-Kona, Hawaii 2009-2012 Kealakaa Street Extension Study, Kailua-Kona, Hawaii 2006-2010 Hienaloli Extension Study, Kailua-Kona, Hawaii 20042011 Waikoloa Employee Housing, Kamakoa Vistas, Waikoloa, Hawaii 2004-2011 Ka Milo at Maunalani Resort, Maunalani, Waikoloa, South Kohala, Hawaii 2004-2012 Stroud Subdivision, North Kona, Hawaii 2003-2008 Maniniowali Subdivision, Kailua-Kona, Hawaii 2003-2205 Kukio Golf Course & Maintenance Facility, Kailua-Kona, Hawaii 1988-2005 Kukio Subdivision, Kailua-Kona, Hawaii 1968 — 1971 USAF Weapons Laboratory, Kirtland AFB, New Mexico, Capt, USAF, Sr. Environmental Engineer - Experience with Civil and Environmental Engineering site support for complex USAF installations. Specific experience in solving problems concerned with water distribution; wastewater collection and treatment; and industrial waste treatment for major US Air Force maintenance and scientific facilities. 1 Exhibi M I SPP No. 12-000138 Page No. 002242 Education University of Michigan Major: Civil Engineering Degree: Bachelor of Science, Civil Engineering —1963 University of Michigan Major: Civil Engineering Degree: MS, Sanitary Engineering —1964 University of Michigan Major: Civil Engineering Degree: PhD-1970 Professional Registrations Registered Civil Engineer, Hawaii/1973/#3377 Registered Land Surveyor, Hawaii/1997/#9141 Registered Land Court, Hawaii/20041#289 Professional Affiliations American Council of Engineering Companies of Hawaii Hawaii Land Surveyors Association Society of American Military Engineers Board University of Hawaii, Board of Regents—2004-2008, Vice Chair 2008 2 i SPP No. 12-000138 Page No. 002243 Steven L. Montgomery, Ph. D. 94-610 Palai Street Waipahu, Hawaii 96797-4535 USA tel: (808) 676-4974 fax: (808)677-3721 cell: (808)-342-6244 email: manningaOOI@hawaii.rr.com BIOLOGICAL CONSULTING Experienced Field collector of invertebrates and plants in Hawai'i and the Pacific • experienced with land and fresh water ecosystems • especially successful at locating extremely rare species • discovered 30+ new species; many new state records, localities, re-discoveries EDUCATION 1984 Ph. D. (Entomology), College of Tropical Agriculture, University of Hawai'i, Manoa Lepidoptera 1973 Master of Science (Entomology), College of Tropical Agriculture, Univ. of Hawaii Drosophila 1969 B. A. (Biology), Grinnell College, Iowa WORK EXPERIENCE present - Biological Consultant, self-employed: provides scientific expertise on 1978 Hawai'i and the Pacific to private landowners, government agencies (surveys, collecting, identifications, checklists, and reports) 1988-82 Researcher, Hawai'i State Legislature Rep. James Shon - Committees - Ocean and Marine Resources, Health Sen. Anthony Chang - Committees - Environment, Judiciary 1980 Biological Consultant, Cooperative National Park Resources Studies Unit. Examined stomach contents from native Hawaiian birds to identify food items using partial remains (e.g., caterpillar jaw or fly wing) 1979 Assistant Botanist, Island Forest Bird Census Team, U.S.Fish and Wildlife Service 1978 Field consultant, co-author, Unique Wildlife Ecosystems Concept Play:, U. S. Fish and Wildlife Service 1977-72 Natural Areas Specialist, Dept. of Land and Natural Resources, Natural Area Reserves System Commission, State of Hawai'i 1972-64 Employed in biological projects and programs in Hawai'i, Oklahoma, Louisiana, and Michigan for U.S. Public Health Service, U.S. Department of Agriculture, Notre Dame University, and University of Hawaii Exhibit SPP No. 12-000138 Page No. 002244 2 FIELD EXPERIENCE since Extensive experience in the Hawaiian Islands of Ni'ihau, Kaua'i, O'ahu, Maui, 1967 Molokai, Lana'i, Kaho'olawe, Hawaii, Northwest Hawaiian Islands, off-shore islets 1988 and Scientific expeditions to several Pacific Islands, including the Marquesas, 1977 Tuamotu and Society Archipelagoes 1988 Scientific coordinator, Fatu Hiva Expedition in the Marquesas since Field work in divergent environments: New Zealand; Easter Island; New Guinea; 1964 Japan (Kyoto, Osaka, Tokyo), Ogasawara Islands(Chichi Jima, Ha ha Jima); Indonesia; French Polynesia; Palau; Cook Islands; British Columbia, Grenada - West Indies, Puerto Rico; Alaska, Arizona, Indiana, Iowa, Louisiana, Michigan COMMUNITY NETWORKING and SERVICE since 1979 Research Associate in Entomology, Bishop Museum, Honolulu, Hl 2002-2006 Land Use Commission, Governor's appointee, State of Hawaii 2000-1993 Natural Area Reserve System Commission, Governor's appointee, 1971-1970 State of Hawaii 1994-1976 Agriculture Department, Advisory Subcommittee on Plants Examples of activity at decision making level: • 'Ahahui Malama I Ka Lokahi - current Board member • National Wildlife Federation - 1995 -elected Board of Directors, Western states; 28 years Hawaii representative; chaired national committees, including International Affairs • Conservation Council for Hawai'i (National Wildlife Federation affiliate) Hawaii representative, 20 years; chaired several national committees Recognition: selected awards 2010 Hawai'i Nature Center, 20 year volunteer recognition 2003 Hele Wawae Mamao Award, Hike Leader of the Year, Sierra Club High School Hikers 2002 Unsung Hero, Hawaii's Thousand Friends 2002 Koa Award, Conservation Council for Hawai'i 2000 Coral Reef Award, Conservation Council for Hawai'i 1998 Outstanding Citizen Wildlife Contributor of the Year, Western Association of Fish and Wildlife Agencies 1997 Hawai'i Environmental Education Association, Award of Excellence Conservationist of Year, Earth Day Celebration Award 1996 Annual Conservation Service Award, Environmentalist of the Year, Rotary Club of West Honolulu; State Senate & Honolulu City Council resolutions Conservation Award, Hawai'i Audubon Society 1984 State House of Representatives, Resolution for Wildlife Week Service 1983 National Wildlife Federation, Conservation Service Citation 1980 Rep. Morris Udall, Alaska Coalition, Letter of Commendation 1971 National Science Foundation grant, Student Originated Studies, Project Director - Hawai'i Dryland Ecology study with 9 member team Steven L. :,Wontgomeiy, .July 2011 I SPP No. 12-000138 Page No. 002245 3 PUBLICATIONS and REPORTS "Survey of Terrestrial Invertebrate Resources at Weliweli, Koloa, Kauai Island." July 2011, report to AECOS for CIRI Land Development Company. "Survey of Terrestrial Wildlife Resources at Kahuku, Ka'u, Hawaii [sland." February 2011, report to PBR Hawai'i & Associates for Nan] Kahuku 'Aina, LLC. 73pp. "Survey of Terrestrial Invertebrate Resources on agricultural lands at Honokohau, North Kona, Hawaii Island."Nov 2010, report to PBR Hawai'i &Associates for Lanihau Properties. "Survey of Terrestrial Invertebrate Resources at Honokohau Makai, Honokohau, North Kona, Hawaii Island."Nov 2010, report to PBR Hawai'i &Associates for Lanihau Properties. "Regional Study Area Report for O'ahu, terrestrial invertebrate resources, for Hawaiian Electric Big Wind O'ahu Interconnection Project," May 2010, report to CH2M Hill, Honolulu, for Hawaiian Electric Company, Inc. "Weed and Pest Prevention and Response Plan for Rogers Ranch, Pu'u Wa'awa'a, Hawai'i," April 2010. With Anita Manning. "Results of survey for Manduca on Nicofiana glauca along Mamalahoa Highway (Route 190), Island of Hawaii."February 2010, report to Parsons Brinckerhoff for Hawai'i State Department of Transportation. "A Reptilian Smoking Gun: First Record of Invasive Jackson's Chameleon (Chamaeleo jacksonh xantholophus) Predation on Native Hawaiian Species," Biodiversity& Conservarion, 2010. 19(5): 1437-1441. Brenden S. Holland, Steven L. Montgomery, Vincent Costello. "First recorded Hawaiian occurrence of the alien ground beetle, Agonurn muelleri(Coleoptera: Carabidae), from the summit of Mauna Kea, Hawaii Island,"Dec 2009. J.K. Liebherr, S.L. Montgomery, R.A. Englund, and G.A. Samuelson. Proc. Hawaiian Enron:nlogical Society, 41: 97-103. "New Immigrant Drosophilidae in Hawaii, and a Checklist of the Established Immigrant Species." Dec 2009. L. Leblanc, P.M. O'Grady, D. Rubinoff, and S.L. Montgomery. Proc. Hawaiian Entomological Society, 41:121-127. "Survey of Invertebrate Resources West Makaiwa, Hamakua loa, East Maui Reservoir Areas." Sept 2009, report to Department of Water Supply - County of Maui. "Drosophila Survey Notes," for Environmental Division, Directorate of Public Works, U.S. Army Garrison,Hawai'i. June 2009 Identification of rare Drosophila on Army lands. "Survey of Invertebrate Resources at Anini, near Princeville, Hanalei District, Kaua'i," May 2009, report to Princeville Prince Golf Course, LLC. Invertebrate sections in "Biological surveys for the University of Hawaii Center at West Hawaii, North Kona District, Island of Hawaii," April 2009, report to AECOS Consultants. Sleren L. Afonlgnmeiy, July 2011 } SPP No. 12-000138 Page No. 002246 4 PUBLICATIONS and REPORTS rconf.) "The Little Things'rhat Run Hawaii: Na `Enuhe", presentation to Nahele Dry Forest Symposium, Hawai'i Island, Feb 27, 2009. "Survey of Invertebrate Resources at Kaumana, Hawaii Island," Feb 2009, report to AECOS Consultants for Wil Chee Planning for Connections New Generation Public Charter School, Hilo, Hawai'i. "Survey of Invertebrate Resources at Koa Ridge Makai, 'Ewa District, O'ahu, Hawai'i,"Feb 2009, report to Helber Hastert & Fee for Castle & Cooke Homes Hawaii. "Survey of Terrestrial Invertebrate Resources at Kaloko Makai, Kaloko and Kohanaiki, North Kona, Hawai'i Island," Nov 2008, report to Wilson Okamoto Corporation for Stanford Carr Development, LLC. "Survey of Terrestrial Invertebrate Resources at 'O'oma, North Kona, Hawai'i Island," Nov 2008, report to PBR Hawaii & Associates, Inc for 'O'oma Beachside Village, LLC. "Survey of Invertebrate Resources at Waimanalo Gulch Sanitary Landfill Expansion Area, O'ahu, Hawai'i," Sept. 2008, report to AECOS Consultants for R. M. Towil] Corporation and City & County of Honolulu, Department of Environmental Services. "Survey of Native Invertebrate Resources at site of future expansion of Hawaiian Memorial Park, Kane'ohe, O'ahu," August 2008, report to Helber Hastert &Fee for Hawaiian Memorial Life Plan Ltd.. "A Survey of Invertebrate Resources for the Shell WindEnergy Inc. Auwahi Parcel, Ulupalakua Ranch, Hana District, Island of Maui." April and lune 2008, report to CH2M Hill, Honolulu, for Shell WindEnergy Inc. Identified presence of Mandiica. "Survey of Native Invertebrate Resources at LYIpala Heights, North Kona, Hawaii Island," May 2008, report to Group 70 International, Inc. for Kona Heights LLC. Drosophila briefing for Naval Facilities Engineering Command, Pacific, entomologists. Apr 24, 2008 "Survey of Invertebrate Resources at Waiawa, 'Ewa District, Oahu, Hawai'i,"March 2008, report to Wilson Okamoto Corporation for Castle & Cooke Properties. Drosophila Survey Guidelines. 2007 (revised 2008). With Anita Manning. A how-to methods handbook for Environmental Division, Directorate of Public Works, US Army Garrison-HI, and US Navy Naval Facilities Engineering Command, Pacific(EV22). "Survey of Terrestrial Invertebrate Resources, 'Akulikuli Water Tunnel, Kawaihau District, Kaua'i," 2008, report for AECOS and SSFM International, Inc. "Survey for Drosophila and Other Invertebrates, Saddle Road-East Side Corridor, Hawaii Island," April 2007, report for Rana Productions and Okahara & Associates. Steven L. Montgomery, July 2011 SPP No. 12-00013$ Page No. 002247 5 PUBLICATIONS and REPORTS (cau.) "Survey of Terrestrial Invertebrate Resources on Makaiwa Hills Project Site, `Ewa District, O'ahu, Hawai'i," November 2006, report for Rana Productions and Group 70. "Survey of Terrestrial Invertebrate Resources as part of a biological assessment within the Pan-STARRS Project area, Mauna Kea Summit, Island of Hawai'i", September 2006, DRAFT, report for Rana Productions and Group 70. Project on hold due to court action. "Status Report on Terrestrial Invertebrate Resources as part of a biological assessment of Kanaha Pond Wildlife Sanctuary, Kahului, Maui, Hawai'i,"Nov 2005, revised May 2006, report for Wil Chee Planning and AECOS Associates. Invertebrate sections in, "Biological surveys for the University of Hawaii Center at West Hawaii Main Street Collector Road, North Kona District, Island of Hawaii," Aug 2005, report to AECOS Consultants, for Mitsunaga& Associates, Inc. "Survey of native terrestrial and stream fauna near Koloa Landing, Po'ipu, Koloa District, Island of Kaua'i", 2005, report for Po'ipu Beach Villas, LLC. "Results Of 2004 Wekiu Bug(Nysius wekhdcola) Surveys On Mauna Kea, Hawaii Island Final Report" (with R.A. Englund, A. Ramsdale, M. McShane, D.J. Preston, S. Miller) Feb 2005. For Office of Mauna Kea Management, No. 2005-003 Hawaii Biological Survey. "Survey of subterranean invertebrate resources on Po'ipu Beach Villas property Po'ipu, Koloa district, Island of Kaua'i,"Jun 2004, report for Michael Thompson. "Survey of Terrestrial Invertebrate Resources in Keauhou Mauka, North Kona, Island of Hawai'i," 2004, report for Kamehameha Development, Geometrician Associates and Rana Productions. "Multiple Mortality Factors for Stowaway Pests in Sealed Solid Waste Bales, an analysis." Memo report to Ross Environmental /Pacific Rim Environmental Services, Goldendale, WA. Jan 2004. "Survey of terrestrial faunal resources on Po'ipu Beach Villas property, Koloa district, Island of Kaua'i," 2003, report for Michael Thompson. "Survey of terrestrial invertebrate resources in proposed Kuhio Highway-Kapa'a Relief Route, Lihu'e and Kawaihau districts, Island of Kaua'i", 2003, report for Kimura International, through Rana Productions. "Survey of Terrestrial Invertebrate Resources in Marine Corps Jungle Training Area, Waikane Valley, Island of Oahu,"June 2003, report for US Army Corps of Engineers through AECOS Associates. "Survey of Invertebrate Resources(Snails, Insects And Other Arthropods)of Opana Point and Makawao Gunnery Range, Island of Maui", 2003, report for U. S. Army Corps of Engineers through AECOS Associates. Steven L. Montgomery, July 2011 i SPP No. 12-000138 Page No. 002248 6 PUBLICATIONS and REPORTS(cont.) "Survey of Terrestrial Invertebrate Resources, mid-slope Mauna Kea, S. Hilo District, Island of Hawai'i", 2002, report for Koa Timber, Inc., Honolulu, Hawaii. "Survey of Invertebrate Resources at 'Ouli and Puako, South Kohala District, Island of Hawai'i", 2000, report for Donaldson Enterprises Inc., Honolulu, Hawai'i. "Surveys of Lava Tube Arthropod Resources at Keopuka, South Kona, Island of Hawai'i," 2000, report for PBR Hawai'i. With Reginald E. David. "Ecology and Evolution of Drosophila am6ochila, A Rare Picture-Winged Species Endemic to the Wai'anae Range of O'ahu, Hawaiian Islands," (with Kambysellis, Craddock, Kaneshiro, Edwards and Carson) Pacific Science, 2000, 54:2, 169-181. "Preliminary assessment of potential, opportunistic terrestrial arthropod use of dredged sediment, Waipi'o Peninsula CDF, Pearl Harbor, Hawai'i, O'ahu", 1999, report for Helber Hastert & Fee. "Fauna Survey (Arthropod, Diptera Resources) of Waiakea Prison site, Island of Hawai'i," 1999, report for Bishop Museum, Honolulu, Hawai'i. In Cowie, R. H., F. G. Howarth, D. J_ Preston, R.J. Rundell, F. D. Stone & & L. Montgomery. 1999. Proposed new Hawaii Island Correctional Facility, Waiakea, South Hilo, Hawai'i Island: assessment of potential impacts on invertebrates. Final report submitted to Wilson Okamoto & Associates, Honolulu. "Fauna Survey (Arthropod Resources) of Mauna Kea Summit Zone, Island of Hawai'i," I998, report for Bishop Museum, Honolulu, Hawai'i. [for results see An Arthropod Assessment within Selected Areas of the Alauna Kea Science Reserve, F. G. Howarth, G. J. Brenner, D. J. Preston, 1999} "Natural Resources Survey& Report for 17`h Area Support Group installation, Japan: Fauna Investigations", (contributor to Eric B. Guinther, et al.) 1998, report for AECOS/ Wil Chee Planning, Inc., Honolulu, Hawaii. "Community Monitoring of Butterflies at Arfak Mountains, Irian Jaya and Palu, Sulawesi with Recommendations for Project Enterprises," 1997, report for World Wide Fund for Nature Indonesia Program, and Biodiversity Conservation Network. "Flora and Fauna Survey, Waikoloa Maneuver Area, Waimea, Island of Hawai'i, Hawaii: Arthropod Resources", (with Eric B. Guinther) December 1996, report for AECOS 1 Wil Chee Planning, Inc., Honolulu, Hawaii. "Native Arthropod Resources of Queen's Beach and its Coastal Flats on East O'ahu," February 1996, report for Helber Hastert, Honolulu, Hawai'i. "Invertebrates of Ka'ala Natural Area Reserve Summit Cloud Forest," July 1994, report for Department of Land and Natural Resources, State of Hawaii. "Review of Effects on Native Arthropods: Master Plan for Kealakekua Ranch Lands", May 1994, report for Kealakekua Development Corp. Steven L. Montgomery, .luly 2011 SPP No. 12-000138 Page No. 002249 7 PUBLICATIONS and REPORTScont.) "Animals on the Earth: Moths" (translated), Asahi Shimbun, 1992, 78:181. "Population Ecology of the Kamehameha Butterfly (Lepidoptera: Nymphalidae)", Annals of the Entomological Society of America, (with B. E. Tabashnik, W. D. Perreira, and J. S. Strazanac), 1992, 85(3):282-285. "Subzero Temperature Adaptations in Arthropods from the Summit of Mauna Kea, Hawaii," (with John G. Duman), The Journal of Experimental Zoology, 1991, 259:409-12. "Carnivorous caterpillars: the systematics, behavior, biogeography and conservation of Eupithecia canis (Lepidoptera: Geometridae) in the Hawaiian Islands", Thesis (Ph. D.), University of Hawaii at Manoa, 1984, 141 pp. "Carnivorous Caterpillars: The Behavior, Bio-geography and Conservation of Eupithecia Geometrids in the Hawaiian Islands," GeoJournal, 1983. "Predatory Inchworms and Aggressive Mimicry in the Hawaiian Islands," Anima, 1982, 106:50- 56 (translated to Japanese). "Biogeography of the moth genus Eupithecia in Oceania and the evolution of ambush predation in Hawaiian caterpillars (Lepidoptera: Geometridae)", Journal series (Hawaii Agricultural Experiment Station), 1982, 2329: [27]-34. "Biogeography of Moths in Oceania and Evolution of Ambush Predation by Geometrid Caterpillars," Entoinologia Generalis, 1982, 77:1-9. "Hawaii's Natural Area Reserves System: A Conceptual Plan and Status Report," British Columbia Museum Heritage Record, 1981, 10:20-33. "Records of Mummified Leiothrix from the Summits of Mauna Loa and Mauna Kea," (with F. G. Howarth), Elepaio, 1980, 41(4):30-33. "Notes on the Ecology of the High Altitude Aeolian Zone on Mauna Kea," (with F. G. Howarth), Elepaio, 1980, 41:21-22. "Notes on Birdlife and Nature Conservation in the Marquesas and Society Islands," (with W. C. and B. H. Gagne), Elepaio, 1980, 40:152-155. "Citizen Conservationists in Tahiti, French Polynesia," Elepaio, 1978, 38:83. "An Analysis of Crop Sugars in the Oriental Fruit Fly and Correlation with Possible Food Sources," (with F. Chang, et al.), Proceedings Hawaiian Entomological Society, 1977, 22.461-9. "Caterpillars (Eupithecia spp.) as Obligatory Ambush Predators: A Unique Adaptive Shift in the Hawaiian Islands," Proceedings, First Conference in Natural Sciences, Hawaii Volcanoes National Park, 1977. Steven L. Montgomery, .July 2011 SPP No. 12-000138 Page No. 002250 8 PUBLICATIONS and REPORTS rcont.) "Ecology of the dry land forest at Kinepu'u, island of Lana'i,"(with G. Spence), Newsletter of the Hawaiian Botanical Society, 1976, 15(4-5):52ff. "Comparative Breeding Site Ecology and the Adaptive Radiation of Picture-Winged Drosophila in Hawaii," Proceedings, Hawaiian Entomological Society, 1975, 22 (1):55-103. "Botanical Resources Along North Kona's Ancient Coastal Trail," No Ala Hele: Trails for Walking, 1973, Department of Planning and Economic Development, State of Hawai'i. "Ecology of the Hawaiian drylands: Forests - Hawaii, " (with R. Ahuna And C. S. K. Ching), Abstract Reports, presented at the meeting of the American Association for the Advancement of Science, Philadelphia, PA, December 28-29, I971, pp. 292-299. "The Need to Regulate Alien Animal Importation to the Hawaiian Islands," 1970, Report for the Hawaii State Legislature, Committees on Agriculture, Ecology and Environmental Protection. Steven L. Montgomeiy, July 2011 i SPP No. 12-000138 Page No. 002251 9 DISCOVERIES—a partial record NEW SPECIES Hawaiian Islands flies Drosophila niontgornetyi, Wai'anae, Oahu D. antopocerus n, species, South Kona, Hawaii D. touchardiae, on Olona shrub above Kahana, O'ahu D. toxochaetae on Olona at Mapulehu, Moloka'i D. paitcicilia, Wai'anae, O'ahu D. obatae D. reynoldsiae D. ohemakai Moloka'i D.pulipes, Hawai'i Asteia tnontgomeryi, N. Kona Wiliwili Branch Fly Lunonia hardyi [flightless crane fly] Canipsi.cnemus n. sp. [Mt. Ka'ala, O'ahu flightless long-legged fly] moths Agrotius n. sp. [summit ice cutworm noctuid] Eupithecia n. sp. [East Maui orange] E. new species#8 [Moloka'i, Maui, O'ahu bristly caterpillar] Auniakua oniaomao, Maui & Moloka'i populations other Nysius ►vekitdcola [Wekiu vampire bug] with F. G. Howarth insects Plaghhm_ysus montgomeryi [akoko longhorn wood borer] plants Remya montgorneryi, Kauai [aster family] Stenogyne companulata, Kaua'i [woolly mint] Perottetia n. sp., Mohihi wet forest, Kaua'i [Olomea] Hedyo[is n. sp., Manono shrub Nepali cliffs Chanxaesyce elenorae, Kalalau [cliff akoko or spurge] Hibiscadelphus woodii, Kauai, with K. Wood Pacific Islands moths Gymnoscelis niontgomeryi on Clenwtis flower, Ogasawara islands [dimorphic looper] Cleora sp, Ogasawara Islands [looper] Asymphorodes ntontgome►yi,Marquesas Is. [micromoth] flies Chloropid n. sp., Orohena, Tahiti [flightless fly] Steven L. Montgomery, Alu 2011 i SPP No. 12-000138 Page No. 002252 10 REDISCOVERIES Hawaiian Islands Cookeconcha, Koloa, Kauai snails Newcombia, on pua, Oloku'i, Moloka'i insects Microinus cookeorum, flightless brown lacewing, Maui Eupithecia niphoreas [ambush predatory behavior] Theridion grallator, Flappyface spider [notice of markings on back] Caconetnobius schauinslandii,Pu'ukoa'e, Kaho`olawe plants Chainaesyre olowaluan, a tree akoko, with S. Perlman Marquesas Trichornetra, flightless water measurer bug NEW LOCALITIES Hawaiian Islands Euphorbia haeleeleanum, akoko, Ha'ele'ele Valley on Kaua'i plants Caesalpinia kavaiensis, uhiuhi, Koai'e, Kaua'i NEW STATE and ISLAND RECORDS partial record arthropod Schizomida, Manoa Quarry cave, O'ahu, with F. G. Howarth insects Hvdrellia tritici, rice leaf miner, Maui and tlawai'i Amiota Ephydridae, shore fly Agonum inuelleri(Herbst) (Coleoptera: Carabidae) Mauna Kea summit Steven L. Montgomery, July 2011 1 SPP No. 12-000138 Page No. 002253 Rn I IAN1 J Alla IR NP1 1Bh RrROMHIF s r.SI IIF R kl1't110t Nll,l.l,tVI t1 rAt1 121 HISTORIC PRESERVATION DIVISION DEPART IENTOF LAiNI)AND NAT[RAL RESOURCES 6(11 Kamnkrla flou[c%ard Sullc 555 hapnlcs 111 96806 A pri 1 11,2013 Mr. Paul Nash, P.E. LOG NO: 2012.3020 Atlas Engineering,LLC, DOC NO: 1304TDOI P.O. Box 1 1 188 Archaeology Hilo.Hawal'i 96721 (c o zp nash iiyahoo.com) Dear Mr. Nash: Subject: Chapter 6E-42 Historic Preservation Review-- Hawai`i County Grading Permit for Construction of a Property Boundary Fence Ponahnwai Ahupua`a,South Hilo District,Island of Hawaii TMK: (3)2-5-006: 141 Thank you for requesting our review of the proposed application,which was received in our office October 9,2012. We apologize for the delayed response. The permit is for after the fact work to install a fence along the property boundary of an approximately 41-acre portion of the 72.34-acre parcel. The parcel is owned by the State of Hawaii and leased to Connections Charter School.The work consisted of grading and grubbing along a 25 foot wide path to allow access for wire fence installation around the area identified as the lower campus. Total area affected by the work was 4.3 acres. The project area was subjected to an archaeological field survey,during which no historic properties were identified (Reeve & Cleghorn 2010). Dense vegetation restricted surface visibility during the survey; however, the entire parcel is situated on a late 19`I' century lava flow, which limits the likelihood of surface archaeological resources. Our office previously requested that the full extenl of a known lava tube system (Kaumana Cave) be examined beneath this parcel in order to verify whether historic properties are presence in subterranean contexts (Letter dated September 24. 2009, Log 2009.3291, Doc, 0909TD21. Additional fieldwork was conducted within the cave, and it was concluded that the cave was beneath the upper campus area only, and that no historic properties were present within the portions of the cave that run beneath the upper campus area(Reeve 2010). Given the negative findings of the surface survey, and the absence of any newly discovered cave openings during the subject ground work.we believe that no historic properties were affected by this project. Please contact Theresa K, Donhain at(808)933-7653 ifyou have any questions or concerns regarding[his letter. Aloha, _r..t Theresa K. Donham Archaeology Branch Chief Exhibi K aQ) i SPP No. 12-000138' Page No. 002254 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room304 Honolulu, Hawaii 96813 Telephone No. 808.586.1255 arter.K.Siu(&hawaii.gov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of} SAP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) APPLICANT'S CONNECTIONS NEW SERVICES ) CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION } SUPPORT SERIVCES (CBESS); Application for Special Permit Application } CERTIFICATE OF SERVICE No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) CERTIFICATE OF SERVICE I SPP No. 12-000138 Page No. 002255 1 HEREBY CERTIFY that on October 4, 2013, 1 caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ.(sandmsong(cr7.hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self, Esq.(gEftago.hawaii.hLus) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes(kalanigomes@,bawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai darai co. awaii.hi.us Jeff Darrow idarrow o.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Honolulu,Hawaii October W ,2011 CA U Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Honolulu, Hawaii October..,,__----- 12013. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CRESS) SPP No. 12-000138 Page No. 002256 I HEREBY CERTIFY that on October 4, 2013, I caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ. (sandrason hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self, Esq. (aself(aco.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes alani omen d�hawaiiantel.ne Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai darai co.hawaii.hi.us) Jeff Darrow (idarrow(a�co.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii October 2013. CARTER K. SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Honolulu, Hawaii October_1-, 2013. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) SPP No. 12-000138 Page No. 002257 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street,Room304 Honolulu, Hawaii 96813 Telephone No. 808.586.1255 Carter.K.SiuAhawa igov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 edha slaw.c= Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) APPLICANT'S CONNECTIONS NEW SERVICES CENTURY PUBLIC CHARTER SCHOOL and COMM-UNITY BASED EDUCATION SUPPORT SERIVCES (CBESS); Application for Special Permit Application ) CERTIFICATE OF SERVICE No. 12.000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) CERTIFICATE OF SERVICE 4 SPP No. 12-000138 Page No. 002258 I HEREBY CERTIFY that on October 4,2013, 1 caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P.SONG,ESQ.(sandrason>xAhawaiianiel_net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self, Esq. (aselfsyoo.hawaii. i.usl Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 JeffGomes(kalaniggMhawaiiantcl.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (darai@co.hawaii,hi.us) Jeff Darrow(idarrow@co,hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street,Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii October� 2013. Attorney fnr Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Honolulu, Hawaii October ,2013. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CRESS) SPP No. 12-000138 Page No. 002259 r Y I HEREBY CERTIFY that on October 4,2013, 1 caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ. haw " e . et Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self,Esq. Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes(kalanigpmes(aJhawaiiantel.net} Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai Garai _co.hawaii.hi.us} Jeff Darrow aw " Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street,Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii October__- .-.__..._,2013. CARTER K. SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Honolulu, Hawaii October 2013. TED H.S. HONG# Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) i SPP No. 12-000138 Page No. 002260 5 SPP No. 12-000138 Page No. 002261 ORIGINAL DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SILT 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room304 Honolulu, Hawaii 96813 Telephone No. 808.586.1255 Carter.K.Siu@hawaii.gov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.I919 ted(ZOedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC } CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT } APPLICANT'S CONNECTION NEW SERVICES } CENTURY PUBLIC CHARTER SCHOOL and } COMMUNITY BASED EDUCATION } SUPPORT SERIVCES (CBESS)JOINT Application for Special Permit Application ) SUBMISSION OF APPLICANT'S WITNESS No. 12-000138 } LIST;CERTIFICATE OF SERVICE } } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SPP No. 12-000138 Page No.002262 1 HEREBY CERTIFY that on October 4,2013,I caused a tree and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P.SONG,ESQ,(sandrasone[fhawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo,Hawaii 96720 Amy Self, Esq. (MI co.haw@k.hi.ua) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes(kalani¢omeskhawaiiantel_net) Intervenor 281 Edita Street Hilo,Hawaii 96720 Daryn Arai(darai u�co.howaii.him Jeff Darrow(idarrow o.haweui.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Paushi Street,Suite 3 Hilo,Hawaii 96720 DATED: Honolulu, Hawaii October 2013_ CA K.SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Honolulu, Hawaii October '2011 TED H.S.HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CRESS) SPP No. 12-000138 Page No. 002263 APPLICANT'S CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS)JOINT_SUBMISSION OF APPLICANT'S WITNESS LIST Applicant's CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES,hereby submits its Joint Submission of Applicant's Witness List attached hereto and through its undersigned counsel, CARATER K. SIU and TED H.S. HONG,hereby provides notice that they intend to call the following witnesses to testify as the Contested Case Hearing. This notice is brought pursuant to the deadline set at the August 22, 2013 pre-hearing conference held by Hearings Officer Sandra Song. DATED: Honolulu, Hawaii October .....M.., 2013. CARTER K SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL t DATED: Milo, Hawaii October, 2013. 2�6 ,J H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) I SPP No. 12-000138 Page No.002264 ou cli . w zA s s E E 0303 QQ ¢ ¢ QQ ¢ ¢ Q ¢ a � o z - 0 cnCon U o Ln ¢ w o N n c v cn U 94 w U a z w U U 22 6 < x Cd coc `� O ca d � U u z U O > cncm H O O � cl ` aoi Ln ;J cd Ei rn v c 3 a .� 0 Q o rn w m a Q ud] ¢ o o A H O R ° a� M � A a, z u c aA 3 SPP No. 12-000138 Page No. 002265 C�7 z ❑ E Ei 'd WQ v vv v v' `r' v' 0. CC3 H �s rr ¢ ¢ � Q �f Qad Q Q d Q Q Q o Q .18 Q -�l Q LLI -' Cp ri�a ri ri ri ri � ri p ri v7 r-i r-i ri Q < < d Q Q ¢ Q Q Q Q 4 CD w ¢¢ �. ¢ ¢ � ¢ Q ¢� � ¢ � �¢ ¢¢ ¢ ¢ � � v z o woz o a < rA CA o 00 U cn 04 En in W O O < Vvi vis Cn T, C y y O cd Q ['] rl 0 4 b U w A" cn w w U U C C� U v� U vii U v� p C vVi C U G C d _ W w a � � 'm Z � -¢a coo O $ c E E E E a � x clO 3 ¢ 3 cww 22 w o p'W � � c r PL4 �_ � v 0 M v O Q m anicm >- Cd x OCO m cu , U Q) z a� oIm 'r UQ' i� a y � N0 O o n H � W po � � ❑ v � >" o ° o � Z x `° U v SPP No. 12-000138 Page No. 002266 m 14 Q xU . z S wcizQ E E E E at tn tn tn p. co -ell ¢ 1~ pW a3 ¢ d ¢ ¢ � It [q �i r ri D ri W ri D ri G -" z X d ¢ Q d d ¢ d Q d ¢ d' kri krr N kf r N v1 tV 'f C? ¢ � ¢ ¢ ¢ � < ¢ ¢ ¢ ¢ v MxA tC) OZ � . pp U O o CdH a o � ¢ O U U U a a E £ a � x z aux U U Z rlj O o col U O U � L a T O a a .0 H N Q pm'� d H W C7 Oz s:,x ,� � E 0 m xep P: a a rn Cd A R. z c SPP No. 12-000138 Page No. 002267 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SIU 73I3 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room304 Honolulu,Hawaii 96813 Telephone No. 808.586.1255 Carter.K.Siu&hawaii.goes Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) APPLICANT'S CONNECTIONS NEW SERVICES ) CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERIVCES (CBESS); Application for Special Permit Application CERTIFICATE OF SERVICE No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) CERTIFICATE OF SERVICE I SPP No. 12-000138 Page No. 002268 APPLICANT'S CONNECTION NEW-CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION PPORT SERVICES BESS JOINT SUBMISSION OF APPLICANT'S WITNESS LIST Applicant's CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES,hereby submits its Joint Submission of Applicant's Witness List attached hereto and through its undersigned counsel, CARATER K. SIU and TED H.S. HONG,hereby provides notice that they intend to call the following witnesses to testify as the Contested Case Hearing. This notice is brought pursuant to the deadline set at the August 22, 2013 pre-hearing conference held by Hearings Officer Sandra Song, DATED: Honolulu, Hawaii October 3 ,2013. A gk�SIUL Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Hilo,Hawaii October ,2013. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CBESS) SPP No. 12-000138 Page No.002269 I HEREBY CERTIFY that on October 4, 2013, 1 caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ. (sandrasong@hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self, Esq. (aselfaxo.hawaii.hi.us) Deputy Corporation Counsel Attorney far the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes kalani gorneso hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai darai co.hawaii.hi.us) Jeff Darrow (jdarrowPco.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Panahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii October , 2011 CARTER K. SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Honolulu, Hawaii October , 2013. TE H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) SPP No, 12-000138 Page No. 002270 SPP No. 12-000138 Page No. 002271 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC } CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT SERVICES ) RE'T'URN OF SERVICE, } ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 } TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii ) RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: /2�2A J +t din!r1 Address Where Served: Type of Document Served 414 � nl?clhullYi J�,Ip �4� b �n�l ti�ah'� T� A Date of Services: l0- (a, -:1fir3 I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the aa above on the Date and Time of Service and the Address listed above. Print Name of S -rver Plrn�hd K7. C1/i6' 1 la Acknowledgement of Hearings Officer Sandra Song SPP No. 12-000138 Page No. 002272 ORIGINAL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tcdhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } CONNECTION NEW CENTURY PUBLIC ) SUBPOENA(NOTICE TO APPEAR) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) j [WINTESS: BOBBY JEAN LEITHEAD Application for Special Permit Application ) TODD] No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness BOBBY JEAN LEITHEAD TODD Address: 2100 Kanoelehua Avenue Hilo,Hawaii 96720 Phone: (808)961-8083 SPP No. 12-000138 Page No.002273 WITNESS,YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Monday, October 21, 2013 1:00 p.m. to 3:00 p.m. LOCATION: County of Hawaii, 101 Pauahi Street,Aupuni Center Conference Room, Hilo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, ......... SANDRA P. SONG Hearings Officer SPP No. 12-000138 Page No. 002274 SPP No. 12-000138 Page No. 002275 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii ) RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced:, e' Address Where Served: J ype of Document Served Date of Services: Pfil el. dIP3 I verify that the statement are true to my personal knowledge and belief and do certify that 1 received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. f Print Name of erver I,-1'6 Acknowledgement of Hearings Officer Sandra Song 4 SPP No. 12-000138 Page No. 002276 ON gy L P ;7 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted(,tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) SUBPOENA(NOTICE TO APPEAR) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES } [WINTESS: KURT INABA] Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness KURT INABA Address: 345 Kekuanaoa Street, Suite 20,Hilo, Hawaii 96720 Phone: (808)961-8050 i SPP No. 12-000138 Page No. 002277 r SPP No, 12-000138 Page No. 002278 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } } CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT } SERVICES ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: ti Vo n —M id _ r Address Where Served: Type of Document Served Date of Services: t) I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Se 'ed above on the Date and Time of Service and the Address listed above. re: Print Name of ServerIr Acknowledgement of Hearings Officer Sandra Song I SPP No. 12-000138 Page No. 002279 Li AL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 tedO,tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) SUBPOENA(NOTICE TO APPEAR) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) [WINTESS: RON THEIL] Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness RON THEIL Address: 108 Railroad Avenue Hilo, Hawaii 96720 Phone: (808)961-8341 SPP No. 12-000138 Page No. 002280 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Monday, October 21, 2013 11:00 a.m. to 1:00 p.m. LOCATION: County of Hawaii, 101 Pauahi Street, Aupuni Center Conference Room, Hilo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, SANDRA P. SONG Hearings Officer SPP No. 12-000138 Page No. 002281 SPP No. 12-000138 Page No. 002282 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-00013 8 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT } RETURN OF SERVICE, SERVICES } ACKNOWLEDGMENT OF SERVICE ) ) Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: S ture of P rty Serviced: P r>'ry) e/f rn u h f Address Where Served: Type of Document Served UVbppen t NParc.) rP A ra► Date of Services: f q cd I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the 1-rty Served above on the Date and Time of Service and the Address listed above. F S ture: ' Print Name Server I�vinfhd K il1l° Acknowledgement of Hearings Officer Sandra Song SPP No. 12-000138 x Page No. 002283 i TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } } CONNECTION NEW CENTURY PUBLIC } SUBPOENA(NOTICE TO APPEAR) CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT ) SERVICES ) [WINTESS: DUANE KANUHA] Application for Special Permit Application } No. 12-000138 ) } TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII,OR HIS DEPUTY,OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the foIlowing witness DUANEKANUHA Address: 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720 Phone: (808)961-8288 I SPP No. 12-000138 Page No. 002284 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Monday, October 21, 2013 1:00 a.m. to 3:00 p.m. LOCATION: County of Hawaii, 101 Pauahi Street,Aupuni Center Conference Room, Hilo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, ._..._.................aa_.._ _.. _ .. _._.__._ .._..._........_._. SANDRA P. SONG Hearings Officer SPP No. 12-000138 Page No. 002285 I SPP No. 12-000138 Page No. 002286 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } } CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT } SERVICES ) RETURN OF SERVICE, } ACKNOWLEDGMENT OF SERVICE } Application for Special Permit Application } No. 12-000138 } } } TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii } RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signatur f Party Servic �u7 Address Where Served: Type of Document Served VA 0 jr, , lb- I Ik 7 Date of Services: IV, q- ),116 I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s)listed above and that 1 served same on the Party Served above on the Date and Time of Service and the Address listed above. re: Print Name of S er � Acknowledgement of Hearings Officer Sandra Song SPP No. 12-000138 Page No. 002287 AL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted(-?a,tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) SUBPOENA(NOTICE TO APPEAR) WHO IS CHARTER SCHOOL AND COMMUNITY ) NOT A PARTY TO THIS CASE BASED EDUCATION SUPPORT ) SERVICES [WITNESS: GLENN TADA] Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness GLENN TADA Address: 259 Edita Street,Hilo, Hawaii 96720 SPP No. 12-000138 Page No. 002288 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Tuesday, October 22, 2013 10:30 a.m. to 1130 a.m. LOCATION: County of Hawaii, 101 Pauahi Street, Aupuni Center Conference Room,Hilo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, SANDRA P. SONG Hearings Officer SPP No. 12-000138 Page No.002289 11 SPP No. 12-000138 Page No. 002290 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC } CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) RETURN OF SERVICE, } ACKNOWLFDGMENT OF SERVICE } Application for Special Permit Application } No. 12-000138 ) } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii } RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: URn) Address Where Served: Type of Document Served Date of Services: lly _.........1_�. _ I verify that the statement are true to my personal knowledge and belief and do certify that I received a-fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. a Print Narne of S er Acknowledgement of Hearings Officer Sandra Song SPP No. 12-000138 Page No. 002291 ORIGINAL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 tec[ ,tedhonslaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } CONNECTION NEW CENTURY PUBLIC ) SUBPOENA(NOTICE TO APPEAR)WHO IS CHARTER SCHOOL AND COMMUNITY ) NOT A PARTY TO THIS CASE BASED EDUCATION SUPPORT } SERVICES } [WITNESS:JUNE SAKAMOTO] Application for Special Permit Application } No. 12-000138 } } } TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii } SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness JUNE SAKAMOTO Address: 1439 Mele Manu Street, Hilo, Hawaii 96720 i SPP No. 12-000138 Page No. 002292 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Tuesday, October 22, 2013 10:00 a.m. to 11:00 a.m. LOCATION: County of Hawaii, 101 Pauahi Street, Aupuni Center Conference Room, Hilo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, SANDRA P. SONG Hearings Officer SPP No. 12-000138 Page No. 002293 1 ? I SPP No. 12-000138 Page No. 002294 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) ) } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: SignatureX Party Serviced: Address Where Served: Type of Docume t Served [00 Wow w ( : �If 910 Date of Services: I F- q. 4 119 I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the arty Served above on the Date and Time of Service and the Address listed above. re: 4' Print Name of erver Acknowledgement of Hearings Officer Sandra Song SPP No. 12-000138 Page No. 002295 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808933.1919 ted aAtedbon aw.corn Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No, 12-000138 CONNECTION NEW CENTURY PUBLIC ) SUBPOENA(NOTICE TO APPEAR) WHO IS CHARTER SCHOOL AND COMMUNITY ) NOT A PARTY TO THIS CASE BASED EDUCATION SUPPORT ) SERVICES [WITNESS: MING PENG] Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO. THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness MING PENG Address: I547 Mele Manu Street, Hilo, Hawaii 96720 i SPP No. 12-000138 Page No. 002296 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant,above named, in the above-entitled matter. DATE: TIME: Tuesday October 22, 2013 10:30 a.m. to 11:30 a.m. LOCATION: County of Hawaii, 10 1 Pauahi Street, Aupuni Center Conference Room, Hilo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, ONG Hearings Officer SPP No. 12-000138 Page No. 002297 13 SPP No. 12-000138 Page No. 002298 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii RETURN OF SERVICE ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: �n 6 Address Where Served: Type of Document Served X Wd Worm q&w 0 Date of Services: 10- f 41; 1 verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. Sa jq': Print Name of Se "er Acknowledgement of Hearings Officer --------__W_____ Sandra Song SPP No. 12-000138 Page No. 002299 ORIGINAL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo,HI 96720 Telephone No. 808.933.1919 tedAtedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No, 12-000138 CONNECTION NEW CENTURY PUBLIC } SUBPOENA(NOTICE TO APPEAR)WHO IS CHARTER SCHOOL AND COMMUNITY } NOT A PARTY TO THIS CASE BASED EDUCATION SUPPORT } SERVICES [WITNESS:JAN YOKOTA] } Application for Special Permit Application } No. 12-000138 ) } } TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii } SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII,OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness JAN YOKOTA Address: 1358-A Mete Manu Street, Hilo, Hawaii 96720 SPP No. 12-000138 Page No. 002300 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant,above named, in the above-entitled matter. DATE. TIME: Tuesday, October 22, 2013 10:00 a.m. to 11:00 a.m. LOCATION: County of Hawaii, 101 Pauahi Street, Aupuni Center Conference Room, Hilo, HI 95720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, „ SANDRA P. SONG Hearings Officer i SPP No. 12-000138 Page No. 002301 SPP No. 12-000138 Page No.002302 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No, 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application } No. 12-000138 ) } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: Address Where Served: Typeo Document 'e ed 15� A, r, Date of Services: 10,1.ktIs I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. Si e: Print Name of SeAer Acknowledgement of Hearings Officer Sandra Song a SPP No. 12-000138 4 Page No. 002303 :a TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) SUBPOENA(NOTICE TO APPEAR)WHO IS CHARTER SCHOOL AND COMMUNITY } NOT A PARTY TO THIS CASE BASED EDUCATION SUPPORT } SERVICES } [WITNESS:MELVIN H. YOKOTA) } Application for Special Permit Application } No. 12-000138 ) } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness MELVIN H, YOKOTA Address: 1358-A Mele Manu Street, Hilo, Hawaii 96720 i SPP No. 12-000138 Page No. 002304 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME• Tuesday, October 22, 2013 8:00 a.m. to 10:00 a.m. LOCATION: County of Hawaii, 101 Pauahi Street, Aupuni Center Conference Room, Hilo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, SANDRA P. SONG Hearings Officer I SPP No. 12-000138 Page No. 002305 is SPP No. 12-000138 Page No. 002306 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES } RETURN OF SERVICE, } ACKNOWLEDGMENT OF SERVICE } Application for Special Permit Application } No. 12-000138 } } } TMK: (3)2-5-006:14I; Kaumana, South Hilo, } Island of Hawaii } RETURN OF SERVICE ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: CT n Yo kpta Address Where Served: Type ofvocument erved ,arrn Date of Services: I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the 4aaS ed above on the Date and Time of Service and the Address listed above. Print Name of Server Acknowledgement of Hearings Officer Sandra Song i 4 SPP No. 12-000138 i s Page No. 002307 ORIGINAL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808933.1919 ted(ZOedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } } CONNECTION NEW CENTURY PUBLIC } SUBPOENA DUCES TECUM; NOTICE TO A CHARTER SCHOOL AND COMMUNITY } PERSON OR ENTITY SERVED; WITH A BASED EDUCATION SUPPORT } SUBPOENA DUCES TECUM WHO IS NOT SERVICES } A PARTY TO THIS CASE Application for Special Permit Application ) [WITNESS:MELVIN H.YOKOTA] No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA DUCES TECUM THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER 1N THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness MELVIN H. YOKOTA Address: 1358-A Mele Manu Street, Hilo, Hawaii 96720 i SPP No, 12-000138 Page No. 002308 WITNESS, YOU ARE COMMANDED to appear before a Notary Public from Island Court Reporting&Transcription Services at a County of Hawaii Windward Planning Commission Contested Case Hearing(County of Hawaii, 101 Pauahi Street, Aupuni Center Conference Room, Hilo, Hawaii 96720), who is duly authorized to administer oaths, on Mondav, October 21 2013• commencing at 9:40 AM, to testify as a witness on the part of the Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) at the taking of an oral deposition in the above-cntitled matter. YOU ARE FURTHER ORDERED to bring with you the original and 4 copies for a total of 5 sets of the books, papers, documents or other things in your possession or under your control, described as follows: I. Your current Curriculum Vitae. 2. Any and all Traffic Impact Analysis Report(TZAR)you have authored, co- authored, and/or provided data for within the past two(2)years. 3. Any and all study of traffic you have authored, co-authored,and/or provided data for within the past two (2)years. 4. Any and all regulatory and/or land use entitlement applications that you have authored, co-authored and/or provided data for within the past two (2)years. 5. Any and all documents and correspondence memoranda, letters, correspondence, emails within the past two (2)years to present, that mentions CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES (otherwise known as CBESS), and/or the school project currently being considered by the Windward Planning Commission on the property located at Tax Map Key(3)2-5-006: 141,which is on the southwest side and the northeast side of Edita Street, at its intersection with Kaumana Drive. I SPP No. 12-000138 Page No. 002309 6. Any and all communications from directors or officers of the group Kaumana community association to members of the group Kaumana community association within the past two(2) years to present that mentions CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES (otherwise known as CBESS), and/or the school project currently being considered by the Windward Planning Commission on the property located at Tax Map Key(3) 2-5-006: 141,which is on the southwest side and the northeast side of Edita Street, at its intersection with Kaumana Drive. WITNESS,you are hereby commanded to appear at the time and place indicated to testify; you are to bring all of the above described records with you. DATED: Hilo, Hawaii, . ......... ._.......... __-_—_—___—_.. SANDRA P. SONG Hearings Officer i SPP No. 12-000138 Page No. 002310 NOTICE TO A PERSON OR ENTITY SERVED WITH A SUBPOENA DUCES TECUM WHO IS NOT A PARTY TO THIS CASE The Subpoena attached hereto should specifically set forth the materials sought to be subpoenaed. Any person and/or entity or their attorney objecting to the Subpoena or to disclosure of any materials subpoenaed shall appear on the date and at the time and place for return indicatcd on the Subpocna and State their objections. Failure to object on the return date may be considered a waiver of any objections. The person or entity subpoenaed or their counsel may submit a written statement of objections to the Hearings Officer listed above. If a person or entity objects to disclosure of only part of the material,the pages or sections of material considered confidential and/or nondisclosable shall be tabbed or marked for the Hearings Officer. Matters presented at the return may be continued from time to time without further notice except as announced at the time of return. 4 SPP No. 12-000138 Page No. 002311 i SPP No. 12-000138 Page No. 002312 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } } CONNECTION NEW CENTURY PUBLIC } CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: 4(w/rib YvJhtPk,1 E4a �. Address Where Served: Type of Document Served ol- Date of Services: u- E4 Aja 1 verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Scped above on the Date and Time of Service and the Address listed above. gn re: 4 Print Name of erver fb✓g n 1-) Acknowledgement of Hearings Officer Sandra Song i SPP No. 12-000138 ORIGINALPage No, 002313 TED H. S. HONG 3569 Attorney at Law P_ O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted(a,tedhonalaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) SUBPOENA DUCES TECUM;NOTICE TO A CHARTER SCHOOL AND COMMUNITY ) PERSON OR ENTITY SERVED; WITH A BASED EDUCATION SUPPORT ) SUBPOENA DUCES TECUM WHO IS NOT SERVICES ) A PARTY TO THIS CASE Application for Special Permit Application [WITNESS:TERENCE YOSHIOKA] No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA DUCES TECUM THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness TERENCE YOSHIOKA Address: 1572 Mele Manu Street, Hilo, Hawaii 96720 SPP No. 12-000138 Page No. 002314 WITNESS, YOU ARE COMMANDED to appear before a Notary Public from Island Court Reporting &Transcription Services at a County of Hawaii Windward Planning Commission Contested Case Hearing(County of Hawaii, 101 Pauahi Street,Aupuni Center Conference Room, Hilo, Hawaii 96720), who is duly authorized to administer oaths, on Monday. October 21 2013, commencing at 9:00 AM, to testify as a witness on the part of the Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) at the taking of an oral deposition in the above-entitled matter. YOU ARE FURTHER ORDERED to bring with you the original and 4 copies for a total of 5 sets of the books,papers, documents or other things in your possession or under your control, described as follows. I. Your current Curriculum Vitae. 2. Any and all reports, opinions, Ends of facts or conclusions you have authored, co- authored, and/or provided data for within the past two (2) years related to Hawaii Revised Statutes Chapter 343. 3. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two(2) years related to Hawaii Revised Statues Chapter 205A. 4. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two(2) years related to HAR Title 15, Chapter 15. 5. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two(2) years related to HAR§15-15-95(e). i SPP No. 12-000138 Page No. 002315 6. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two (2) years related to the Charter of the County of Hawaii. 7. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two (2) years related to the County of Hawaii Planning Department Rules and Procedures. 8. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two(2) years related to County of Hawaii Planning Commission Rule 6. 9. Any and all documents and correspondence memoranda, letters, correspondence, emails within the past two(2) years to present, that mentions CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES (otherwise known as CBESS), and/or the school project currently being considered by the Windward Planning Commission on the property located at Tax Map Key(3)2-5-006: 141, which is on the southwest side and the northeast side of Edita Street, at its intersection with Kaumana Drive. 10. Any and all communications from directors or officers of the group Kaumana community association to members of the group Kaumana community association within the past two (2) years to present that mentions CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES (otherwise known as CBESS), and/or the school project currently being considered by the Windward Planning Commission on the property located at Tax Map Key(3) 2-5-006: 141, which is on the southwest side and the northeast side of Edita Street, at its intersection with Kaumana Drive. SPP No. 12-000138 Page No. 002316 WITNESS, you are hereby commanded to appear at the time and place indicated to testify; you are to bring all of the above described records with you. DATED: Hilo, Hawaii, _. _..._..__. _._....__.. _.. _..._. SANDRA P. SONG Hearings Officer E SPP No. 12-000138 Page No. 002317 i SPP No. 12-000138 Page No. 002318 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 ) CONNECTION NEW CENTURY PUBLIC j CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application j No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: --I 1renedj Address Where Served: Type of Document Served Date of Services: I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the rty Served above on the Date and Time of Service and the Address listed above. _. I...=re: r Print Name of ewerJ. s�I# lv C'llrt�h I� Acknowledgement of Hearings Officer Sandra Song i ORIGINAL SPP No. 12-000138 Page No. 002319 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC } SUBPOENA(NOTICE TO APPEAR) WHO IS CHARTER SCHOOL AND COMMUNITY } NOT A PARTY TO THIS CASE BASED EDUCATION SUPPORT ) SERVICES } [WINTESS: TERENCE T. YOSHIOKA] Application for Special Permit Application ) No. 12-000138 ) } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness TERENCE T. YOSHIOKA Address: 1572 Mele Manu Street, Hilo, Hawaii 96720 Phone: (808)934-9198 SPP No. 12-000138 Page No. 002320 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Tuesday, October 22, 2013 8:00 a.m. to 10:00 p.m. LOCATION: County of Hawaii, 101 Pauahi Street, Aupuni Center Conference Room, Hilo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, SANDRA P.rvSONG Hearings Officer 4 SPP No. 12-000138 Page No. 002321 SPP No. 12-000138 Page No. 002322 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT SERVICES } RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE } Application for Special Permit Application } No. 12-000138 } } TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii RETURN OF SERVICE,• ACKNOWLEDGMENT OF SERVICE {Name of Party Serviced: Signature of Party Serviced: Address Where Served: Type of Do ent Served Dateof Services: I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. Si t Print Name of Se er r)�i']� �' A Sh 1 Acknowledgement of Hearings Officer Sandra Song i SPP No. 12-000138 a %. Page No. 002323 i` w AL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted(akedhon lam Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC } SUBPOENA (NOTICE TO APPEAR) WHO IS CHARTER SCHOOL AND COMMUNITY ) NOT A PARTY TO THIS CASE BASED EDUCATION SUPPORT ) SERVICES [WITNESS: JAN YOKOYAMA] Application for Special Permit Application } No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness JAN YOKOYAMA Address: 1300 Kaumana Drive, Hilo, Hawaii 96720 i SPP No. 12-000138 Page No. 002324 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Tuesday, October 22, 2013 10:30 a.m. to 11:30 a.m. LOCATION: County of Hawaii, 101 Pauahi Street, Aupuni Center Conference Room, Hilo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, SANDRA P. SONG Hearings Officer SPP No. 12-000138 Page No. 002325 11, i SPP No. 12-000138 Page No. 002326 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } } CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE } Application for Special Permit Application } No. I2-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: Addresss Where Served: Type oj qfiment Served Date of Services: I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. Si re: Print Name o Server Y,74"'21-10 Acknowledgement of Hearings Officer Sandra Song I SPP No. 12-000138 ORIGINAL Page No. 002327 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, H196720 Telephone No. 808,933.1919 ted a@tedhon law.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) SUBPOENA(NOTICE TO APPEAR) WHO IS CHARTER SCHOOL AND COMMUNITY ) NOT A PARTY TO THIS CASE BASED EDUCATION SUPPORT ) SERVICES [WITNESS; ALLEN L. NOVAK] } Application for Special Permit Application ) No. 12-000138 } } } TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii } SUBPOENA THE STATE OF HAWAII: TO: THE SHERIFF OF THE STATE OF HAWAII, OR HIS DEPUTY, OR ANY POLICE OFFICER IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness ALLEN L. NOVAK Address: 1414 C Mete Manu Street, Hilo, Hawaii 96720 I SPP No. 12-000138 Page No. 002328 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Tuesday, October 22, 2013 10:00 a.m. to 11:00 a.m. LOCATION: County of Hawaii, 101 Pauahi Street, Aupuni Center Conference Room, Filo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, .__—_.-_ SANDRA P. SONG Hearings Officer 4 SPP No. 12-000138 Page No. 002329 4 SPP No. 12=000138 Page No. 002330 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room304 Honolulu, Hawaii 96813 Telephone No. 808.586.1255 C arte r.K.S i u phawai i.go v Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 tedAtedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } CONNECTION NEW CENTURY PUBLIC } CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT } APPLICANT'S CONNECTION NEW SERVICES } CENTURY PUBLIC CHARTER SCHOOL and } COMMUNITY BASED EDUCATION SUPPORT SERIVCES (CBESS) JOINT Application for Special Permit Application } SUBMISSION OF APPLICANT'S FIRST No. 12-000138 AMENDED WITNESS LIST ;CERTIFICATE OF SERVICE TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii ) I SPP No. 12-000138 Page No. 002331 APPLICANT'S CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL and _COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) JOINT SUBMISSION OF APPLICANT'S FIRST AMENDED WITNESS LIST Applicant's CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES, hereby submits its Joint Submission of Applicant's Witness List attached hereto and through its undersigned counsel, CARATER K. SIU and TED H.S. HONG, hereby provides notice that they intend to call the following witnesses to testify as the Contested Case Hearing. This notice is brought pursuant to the deadline set at the August 22, 2013 pre-hearing conference held by Hearings Officer Sandra Song. DATED: Honolulu, Hawaii October , 2013. CARTER K. SIU _._.__.�...��.__..__._�_.....�..._._. Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Hilo, Hawaii October 2013. H. . HON Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) i SPP No. 12-000138 Page No. 002332 APPLICANT'S CONNECTION NEW CENTURY PUBLIC g_HARTFA SCHOOL and COMMUNITY BASED EDUCATION UPP RT RVICES CB INT SVDMISSION OF APPLICANT'S FIRST AMENDED WITNESS LIST Applicant's CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES,hereby submits its Joint Submission of Applicant's Witness List attached hereto and through its undersigned counsel, CARATER K. SIU and TED H.S. HONG, hereby provides notice that they intend to call the following witnesses to testify as the Contested Case Hearing. This notice is brought pursuant to the deadline set at the August 22,2013 pre-hearing conference held by Hearings Officer Sandra Song. DATED: Honolulu, Hawaii October \'5— , 2013. JCT E . SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED. Hilo,Hawaii October , 2013. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CBESS) I SPP No. 12-000138 Page No. 002333 p xU z E W zq E E E E E -: w C=) tr) o o v, a v-, cz pq W ¢ < ¢ Q < ¢ ¢ r " v r � v r o0 00 Z Q Q Q Q ¢ ¢ ¢ Q Q ¢ ¢ ¢ ¢ ¢ Q ¢ ¢ O clla w0Z z %4� z o ~ � 0 o �' �- - � b U N `n w1, t: H g y o o v 3 0 0 v cai o �? cr. 0 U U U U U z Q I G4 a a ¢ E E a w ¢ Q ¢ H HH 33 � accx 76 LI-4 Z Az -� Uw d E2 3 �¢ w u u ` U z U > t: ° o O O F!! o ;~ �1 p ¢ Q W w Cd L �. a Q NI Z L C 0 lu "' U o W �G O ya c � A z ° u aA x3 I SPP No. 12-000138 Page No. 002334 0 � p xU w [ zQ EEE 2 E E E E dE LnW-� tn Ca Ln Lin a Ln ¢ Q � w ¢ ¢ ¢ ¢ ¢ � ¢ ¢ .� X ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ ¢ Q w Q ¢ ¢ Q ¢ ¢ o cy C V z o t o O cd a] � H •� -d o o � � i a� ai V O CO V) 'n COD COD �' C C a`i v 0 0 O -o Z7 c c .� .�'. C7 N U c a Ln as W a °_ o cd CLI 0 d CO V] � > '> � C Cd C m 0 o cd Q O cd O a W U U m ,-a Cd x cd .r r� ..� a. a. �. .—i U U J U � ra a o C) H cn ¢ www v cd v o UUJau.1 1wW v� cn ° '~ V 0 z V Z > O CD C) OU En C) Cd v� ? Cd a ,4 p Q c r� .a., Q o W b W cd .se zb a cd Yo O 'd d Q cc V3 > = > Z H ~' aU c -0 °: ti °' O < C > cd - C � ', Q a A v� A C1 a i SPP No. 12-000138 Page No. 002335 c*� w O Q xU G G G E G C C C C C C W g E C- E G G G E E E E ca -cs kn Wn v) Wn kn v) to kr) kr) v) � ca ^ n n n n n n n n n ca m QQQ ¢ Q Q4 W ¢ ¢ Q d °� Q °�d Q °�d `Z 4d Q °:8 ¢ � Q � Q pq M �OoM "Ocn �OM �cM �cm �crn �c r> >crn �oM %C X ¢ ¢ - QQQ <t Q ¢ Q ¢ dQQQ QdQQ dQ C.L7 a N o z Q " N � � Ntrr D < Q � ¢ ¢ Q ¢ NQQQ ¢ QN dV1 dN cn O vicn � rr ch U 6] r� 'z� c +Q3 W ai u ai c"'i ai ai u v u O 4y V) [A %M h DO w w Vii vii o a V) C;3 y o 0 0 0 0 0 0 0 0 3 W v� F- .. U U 3Uv V U U U U aca � � o zaz `d 3(31 3 Q x ~ z oacaW O a o o o Q O � _U � CO c ° � a � {-i ¢ `� - Q U z � 0 b rA m Z cv U A a z a °' cl m i SPP No. 12-000138 Page No. 002336 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room304 Honolulu, Hawaii 968I3 Telephone No. 808.586.1255 Carter.K.Siu(@hawaii.gov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhongiaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) APPLICANT'S CONNECTIONS NEW SERVICES ) CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERIVCES (CBESS); Application for Special Permit Application ) CERTIFICATE OF SERVICE No. 12-000138 ) TMK: (3)2-5-006:14I; Kaumana, South Hilo, ) Island of Hawaii ) CERTIFICATE OF SERVICE i s SPP No. 12-000138 Page No. 002337 I HEREBY CERTIFY that on October ` L , 2013, I caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ. (sand rasonr aahawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self, Esq. aself co.hawaii.hi.us Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes (kalanigomes("a)hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai darai co.hawaii.hi.us) Jeff Darrow 'darrow(@,co.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii October , 2013. CARTER K. SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Honolulu, Hawaii October 1 y , 2013. TED HX. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) } SPP No. 12-000138 Page No. 002338 1 HEREBY CERTIFY that on October _,2013, 1 caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG,ESQ. (sandrason aa-hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self,Esq.(aself .co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo,Hawaii 96720 Jeff Gomes(kalani&omes(Ntwaiiantel,net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai(darai co.hawaii.hi.us) Jeff Darrow(idarro 0co. awaii.hi.us) Planning Commission Stam County of Hawaii Planning Department 101 Pauahi Street,Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii October 2013. C TE K. SIU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Honolulu, Hawaii October 2013. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CBESS) SPP No. 12-000138 Page No. 002339 I i SPP No. 12-000138 Page No, 002340 DAVID M. LOUIE 2612 Attorney General of Hawaii ORIGHNAL CARTER K. S1U 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room304 Honolulu, Hawaii 96813 Telephone No. 808.586.1255 Carter.K.Siu hawaii. ov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, Hl 96720 Telephone No. 808.933.1919 ted(uD edhonglaw.corn Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPA No. 12-000138 } CONNECTION NEW CENTURY PUBLIC } APPLICANTS CONNECTION NEW CHARTER SCHOOL AND COMMUNITY } CENTURY PUBLIC CHARTER SCHOOL and BASED EDUCATION SUPPORT } COMMUNITY BASED EDUCATION SERVICES ) SUPPORT SERIVCES (CRESS) JOINT PRE- HEARING BRIEF; CERTIFICATE OF SERVICE Application for Special Permit Application ) No. 12-000138 ) HEARINGS OFFICER- SANDRA SONG HEARING DATE: TMK: (3)2-5-006:141; Kaumana, South Hilo, } OCTOBER 21 AND 22,2103 Island of Hawaii i SPP No. 12-000138 Page No. 002341 APPLICANT'S CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES CBESS JOINT SUBMISSION OF A PRE-HEARING BRIEF Applicants CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES, by and through its undersigned counsel through its undersigned counsel, CARTER K. SIU and TED H.S. HONG, submits their Joint Pre-Hearing Brief. A. INTRODUCTION This is a contested case hearing regarding the Application of CONNECTION NEW CENTURY PUBLIC CHARTER SHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICE ("CBESS"), hereinafter Applicants for a Special Permit to allow the development of a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres situated in the State Land Use Agricultural District. The Property is owned by the State of Hawaii and is approximately 70 acres in size and is located in Kaumana, South Hilo, on the eastern side of the island of Hawaii and is identified as Tax Map Key (3)2-5- 006: 141 (hereinafter"Property"). The owner of the Property is the State of Hawaii, it has entered into General Lease No. S- 6029 between the State of Hawaii and Connections New Century Public Charter School and it has consented to the request for the Special Permit. The Planning Department received a Petition for Standing in Contested Case Hearing from Jeffrey Gomes on March 7, 2013. Mr. Gomes is an adjacent property owner. Mr. Gomes was granted standing at the Windward Planning Commission's March 7, 2013 meeting. On March 7, 2013 the Windward Planning Commission also confirmed the Applicants were a Party in the Contested Cased Hearing. 2 i SPP No. 12-000138 Page No. 002342 B. THE HAWAII COUNTY SPECIAL PERMIT APPLICATION PROCESS Section 25-5-72(c) of the Hawaii County Code (Zoning Code) provides that certain uses are permitted in the County's agricultural district, provided that a special permit is obtained for such uses if the property is located within the State Land Use Agricultural District. Among these uses are guest ranches, lodges, meeting facilities, as well as uses that are not specifically listed but which meet the standards for a special permit under Chapter 205, Hawaii Revised Statutes (HRS), Section 25-5-72(d) requires use permits in the County Agricultural District and special permits if in the State Land Use Agricultural District. Section 25-5-72(d)(7), includes"schools" as a permitted use. HRS, Section 205-6 governs special permits in the State Land Us Agricultural classification. Under this section, the County Planning Commission has the authority to grant special permits which allow " . . . certain unusual and reasonable uses with agricultural and rural districts other than those for which the district is classified." HRS, Section 205-6(a). The Planning Commission may provide protective restrictions and permit the desired use, if the use would promote the effectiveness and objectives of Chapter 205. A decision in favor of the applicant requires a majority vote of the Planning Commission. Because the Property in this contested case hearing involves more than fifteen acres of land, the Planning Commission forwards a favorable decisionlrecommendation to the State Land Use Commission, who will meet separately from the county planning commission to consider the Special Permit application. A denial by the Planning Commission is appealable to the Circuit Court and is not forwarded to the State land Use Commission. The Hawaii County Planning Commission's Rule 6 governs the special permit process. An application is required to provide a statement of the reasons for the granting of the special permit citing how the proposed use would promote the effectiveness and objectives of HRS, Chapter 205 and why the proposal is an unusual and reasonable use of the land is also required. 3 i SPP No. 12-000138 Page No. 002343 Planning Commission Rule 6-3(b)(5) provides that the following criteria are also to be addressed: (A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations; (B) The desired uses shall not adversely affect surrounding properties,; (C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; (D) Unusual conditions, trends, and needs have arisen since the district boundaries and regulations were established; (E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district; (F) The propose use will not substantially alter or change the essential character of the land and the present use; and (G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. Pursuant to Rule 6-6, the Planning Commission shall not approve a Special Permit unless it is found that the proposed use: (a) is an unusual and reasonable use; and(b) would promote the effectiveness and objectives of Chapter 205, HRS. The Planning Commission also considers the criteria listed under Rule 6-3(b)(5)(A) through (G). Within 30 days after the close of the hearing or within such longer period of time as may be agreed upon, the commission shall either approve the permit(or submit it to the Land Use Commission with a favorable recommendation) by stating the reasons and attaching appropriate performance conditions or deny it by stating the reasons for denial. Id. at Rule 6-7. C. CONTESTED CASE PROCEDURE Contested cases are governed by Rule 4 of the Planning Commission's Rules of Practice and Procedure and by HRS, Chapter 91. Under Rule 4-7, the applicant and the Planning Director are designated parties to the action. Persons requesting intervention must demonstrate that their interest is clearly distinguishable from that of the general public or that they have some property 4 I SPP No. 12-000138 6 Page No. 002344 interest in the land or lawfully reside on the land or that even if they do not have an interest different than the public generally, or that the proposed action will cause them actual or threatened harm. Additionally, persons who are descended of Native Hawaiians who inhabited the Hawaiian Islands prior to 1778 and practice those rights that are customarily and traditionally exercised for subsistence, culture or religious purposes may be admitted as parties. Id. at Rule 4- 7. Under Rule 4-5, the presiding officer may be the Chairperson of the Planning Commission, one of its members or a hearings officer duly appointed and designated. Sandra P. Song was duly appointed and designated the Hearings Officer for the instant case. The Hearings Officer held a pre-hearing conference on August 22, 2013 and set the following deadlines: the submission of witness lists, exhibit lists and the exchange of exhibits were due on October 4, 2013; all requests for subpoenas, together with the proposed subpoenas to be issued were due no later than October 4, 2013; submission of any motions in this case were due on October 11, 2013; if any party chose to file a pre-hearing memorandum or brief, the deadline for submission of such brief or memorandum is October 17, 2013. The hearing on this matter is scheduled for October 2I and 22, 2013. Upon completion of taking evidence, the Hearings Officer shall prepare a report, setting forth findings of fact, conclusions of law, and the reasons therefore and submit a recommended order and report to the Planning Commission. Id. at Rule 4-29. D. THE PETITION FOR SPECIAL PERMIT The application is a request for Special Permit for the development of a new academic campus that would include an elementary, intermediate and high school facilities and common facilities to support these programs and phased in over a period of time. The campus would also include facilities for a foresty/conservation program, a sustainable agricultural program and a 5 i SPP No. 12-000138 Page No. 002345 small intergenerational program that would provide childcare and elder care at a single facility. Planning Commission Record at 28. All major school facilities are proposed to be located within the lower parcel. Buildings would be small in scale and organized in clusters of single-story buildings to minimize any visual impact. Subject to reasonable use conditions,major school facilities could include the elementary, intermediate and high school classrooms buildings, the administrative center, the library/resource center, the kitchen/dining facility, a gymnasium/multi-purpose building, green/shade houses, a 6--horse barn, a maintenance building, a 30-person dormitory, a caretaker's residence, and a small facility to house the intergenerational program. When the entire project is built out, the facilities would support a projected 167 elementary students, 107 intermediate students, 107 high school students, and 25 intergenerational clients. Approximately 14 acres of the lower parcel's eastern portion would be allocated for agriculture and forestry uses. Cultivated crops are anticipated to include fruits and vegetables, native trees and plants, and ornamental plants. The total gross square footage of the campus facilities when all constructed would be approximately 90,000 square feet. While no major school facilities are being proposed for the upper parcel, Applicant intends to use this land area to support a future forestry/conservation program,which focuses on forest resource management and conservation, and forest ecosystem restoration. It is currently estimated that roughly 20 acres of the upper parcel could be used for reforestation projects. A walkway is being proposed for the upper parcel to provide access and viewing opportunities within the forest and minimize any impact on the land. The walkway would be elevated on posts and is the only structure to be built on the upper parcel. The proposed phased development is projected to take from 16 to 25 years. This timetable is dependent on the Applicant's ability to obtain the necessary financial resources. Construction of the proposed project will likely be implemented in approximately nine (9) 6 I SPP No. 12-000138 Page No. 002346 phases. Generally, the Applicants would sequence the building of these phases accordingly . 1) agriculture and forestry/conservation programs and caretaker's residence; 2) high school facilities; 3) intermediate school facilities; 4)elementary school facilities; and 5) gymnasiumlmulti-purpose facility,dormitory, residence, and intergenerational facility. The Property is located on land that has a State Land Use Designation of Agricultural. Id. at 25. It is zoned as Agriculutral-I acre (A-la)and designated as "Low Density Urban on the General Plan Land Use Pattern Allocation Guide ("LUPAG") Map. Id. The Property is not located adjacent to or near any shoreline or mountain areas, therefore the project would not affect public access to these resources. Id. at 40. The surrounding lands to the south and west are similarly zoned A-la. Further south are properties zones A-20a and A-10a. To the north are properties zoned RS-10 and RS-15, with some properties zones A-3a further north across Kaumana Drive. There is a property zoned Open that adjoin the lower parcel to the northeast. Surrounding uses consist mainly of single family residences and vacant lands, with some agricultural activity occurring in the area. Id. at 778. Soils within the Property are classified as "D" and are not classified as Agricultural Lands of Importance to the State of Hawaii (AL1SH). Id. at 25. An archaeological assessment survey of the Property was conducted in 2008 and a supplemental field inspection of Kaumana Cave was also conducted at the request of the State Historic Preservation Division (SHPD). Id. at 36. The entire project area is situated on the 1880- 1881 lava flow and as a result it is surmised that any pre-existing archaeological or historic sites within the project area would have been destroyed by the flow. No archaeological sites were encountered during the filed investigation. Id. at 36-37. The field inspection of the accessible portion of Kaumana Cave (which underlies the upper parcel of the Property) found that no historic elements, with the exception of pecked names, were encountered. Id. at 37. There have 7 i SPP No. 12-000138 Page No. 002347 been no identified traditional or customary native Hawaiian rights exercised at the Property. Id. at 39. Similarly, a biological assessment, which encompassed flora,vertebrate and invertebrates, was completed. The assessment concluded that there is nothing unique about the Property or its vegetation and the construction and operation of the proposed school would not adversely impact native avian or mammalian resources. Id. at 37-38. Access to the Property is via Edita Street, which extends off Kaumana Drive in a southeasterly direction, forming a 3-way intersection. The paved width of Edit Street fronting the Property is approximately 48 feet, which accommodates the two travel lands (20 feet), a 20- foot shoulder on the northeast or Makai side of the road, and an 8-foot shoulder on the southwest or mauka side. The street and roadway is in good condition. Id. at 40. Accor(4-ng to a Traffic Impact Analysis Report conducted during the environmental assessment process, the proposed use is not expected to generate large increases in traffic volumes and would not result in adverse impacts to traffic and circulation patterns in the project area. Id. at 41. However, the TZAR did conclude that school related vehicles turning left into the project would cause delays to through traffic along Edita Street unless a separate left turn lane is provided for left turns from eastbound Edita Street into the Lower Campus at Road A. Id. at 295. The Hawaii County Department of Water Supply (DWS) provides water to the area via an existing 8-inch waterline along Kaumana Drive and from an existing 8-inch waterline along Edita Street. The current water availability, which is subject to change is limited to a maximum of seven units of water per pre-existing lot of record. Each unit of water is equal to a maximum of 600 gallons per day; therefore, a maximum of 4,200 gallons per day is available for the proposed project. 8 i SPP No. 12-000138 Page No. 002348 E. THE PROPOSED PROJECT SATISFIES THE REQUIREMENTS FOR A SPECIAL PERMIT The Applicants have fulfilled all requirements of Rule 6-7, Rules of the Planning Commission. The proposed use is unusual because a school is not normally considered agricultural in nature. However, it is a reasonable use that a school be located within the Agricultural district because communities within Agricultural districts require certain services that support the agricultural community in which they are located, including schools. In addition, the proposed use also includes activities related to agricultural education, such as a forestry resource management and conservation program, and forest ecosystem restoration program. The Applicants also intend to grow and cultivate crops such as fruits, vegetables, native trees and plants, and ornamental plants on the Property as part of its curriculum. The proposed development also complies with the criteria listed under Section 6-3(b)(5)(A) through (G), Rules of the Planning Commission: Rule 6-3(b)(5)(A). Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The law is intended to preserve, protect and encourage the development of lands in the State of Hawaii for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaii. For Iands in the Agricultural district, the intent is to preserve or keep lands of high agricultural potential in agricultural use. However, some agricultural lands may not be suited for agricultural use, but are classified as such. The soil on the subject Property is classified as "D"or"Poor" by the LSB's Detailed Land Classification System and is identified mainly as pahoehoe lava flow by the US Soil Survey. Based on this information, the land upon which the proposed use is sought is unsuited for agricultural uses permitted within the Agricultural District. The law allows uses that may not be strictly agricultural in nature yet are reasonable within the district. 9 i SPP No. 12-000138 Page No. 002349 The special permit process for usual and reasonable uses within the Agricultural district is available. This is the case herein. In addition, the project will encourage and promote agricultural activities, such as forest resource management and conservation and forest ecosystem restoration. Rule 6-3(b)(5)(B). The desired use would not adversely affect surrounding properties. An adverse effect is defined as an unwanted and unanticipated result of taking a particular action. Here, the action is to develop a K to 12 charter school campus with support facilities and related uses on approximately 70 acres of land. Anticipated impacts that would adversely affect surrounding properties from the proposed use are an increase in traffic to the area and an increase of noise. These impacts, however, can be mitigated to minimize their adverse affect to surrounding properties through conditions of approval of the Special Permit. As the TIAR recommended, a separate left turn land shall be provided for left turns from eastbound Edita Street into the Lower Campus at Road A. Based on Community concerns,the Applicants have relocated the campus in an area of the makai parcel furthest away from any residences. Additionally, to help mitigate noise and visual impacts, landscaping will be required along the perimeter of the Property. Rule 6-3(b)(5)(C). Such use shall not unreasonably burden public agencies to provide roads and streets,sewers,water, drainage, school improvements, and police and fire protection. Based upon the comments received from various public agencies, the following will be done to ensure that the proposed use shall burden public agencies: I. Department of Public Works—Traffic Division: As previously mentioned, a condition of approval will be added to require applicant to construct a separate turn lane for left turns from eastbound Edita Street into the Lower Campus at I0 V SPP No. 12-000138 Page No, 002350 Road A. In addition, comments were received from DPW-Traffic Division requesting that Connections submit a traffic management plan to be reviewed and approved by DPW-Traffic Division in consultation with the Police Department. The plan shall be implemented and provide traffic management strategies that reduce traffic congestion on surrounding County roads during special events and student pick-up/drop-off activities for the entire school campus. Finally, the Applicant shall also provide active traffic management of all student pick-up/drop--off areas so that drop-off and pick-up activity does not result in queuing of vehicles on any County Road. 2. Police Department: The Police Department commented that the section of Edita Street from Kaumana Drive leading to the Property has no pavement off of the travel portion of the roadway and would be unsafe for pedestrian traffic. To address this comment from the Police Department, a condition of approval will be added requiring Connection to add an 8-foot paved shoulder along the northeastern (Makai) side of Edita Street from the south end of the Property to the intersection of Edita Street and Kaumana Drive. 3. Department of Water Supply: County water is available for up to a maximum daily usage of 4,200 gallons per day from an existing 8-inch waterline on Kaumana Drive for the tapper campus and from an existing 8-inch waterline on Edita Street for the lower campus. The Property is assigned seven (7)units of water, which equates to an average usage of 600 gallons per day per unit of water(4,200 gpd). The project construction and occupancy will be phased in over a period of time. Sufficient water exists to meet the County's water requirements for several of the first phases of the project. Additionally, the existing 8-inch waterline within Edita Street is looped and therefore adequate to provide the required 2,000 gallons per minute of flow for fire protection, as per the Department's Water System Standards for schools. Potable water 11 I SPP No. 12-000138 Page No. 002351 needs will be met by connecting to the existing county water supply infrastructure. Non- potable water supply needs will be met with an extensive rainwater collection system consisting of catchment tanks, storage reservoirs/tanks with a network of water lines to distribute the collected water throughout the campus. The potable water system and the catchment system cannot be interconnected. It may become evident during the design of the development that a potable well is needed, at which time Connection will then need to conduct additional detailed analysis and explore other alternatives that could require the need to apply for additional permits. 4. State Department of Health: There is no municipal wastewater system currently serving the Kaumana area. The Applicants provide for its own waste water system in compliance with State Department of Health and federal regulations. Based upon the above discussion, conditions of approval shall be utilized to insure that the proposed use does not burden public agencies to provide additional services. Rule 6-3(b)(5)(D). Unusual conditions,trends, and needs have arisen since district boundaries and regulations were established. In the 1960's and 1970's, the State's agricultural district boundaries and regulations were established and subsequently amended pursuant to HRS Chapter 205. Although the Property and surrounding areas are designated for agricultural uses by both State and County land use laws,through the issuance of a Special Permit, various "non-agricultural" services may be allowed, including schools. Rule 6-3(b)(5)(E). The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The land on which the proposed use is located is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. Additionally, the soil is classified as "D" or"Poor" by the LSB's Detailed Land Classification System and is identified mainly as pahoehoe lava flow by the US Soil Survey. Based on this 12 i SPP No. 12-000138 Page No. 002352 information, the land upon which the proposed use is sought is unsuited for agricultural uses permitted within the Agricultural District. Although the Property is unsuited for agricultural use, The Applicants will have an agricultural program and a forestry/conservation program as part of its curriculum. The agricultural program facilities would be conducted on the lower parcel only and include green houses, cultivated gardens and horse barn. The forestry/conservation program, which focuses on forest resource management, conservation, and forest ecosystem restoration, would use limited parts at the upper parcel as an outdoor learning site. Rule 6-3(b)(5)(F). The use will not substantially after or change the essential character of the land and the present use. The current character and present use of the Property is undeveloped, vacant of structures and uses. The current character of the surrounding area is residential to the north and residential/agricultural to the south. The present use of the surrounding area is residential with very limited agricultural activity and vacant land. The proposed use will alter or change the essential character of the makai parcel and its present use from its current vacant, undeveloped character. The school buildings will be constructed as single story structures, with a low,minimal visual profile to lessen any visual change to the essential character of the land. The Applicants have designed the campus to match the surrounding rural characteristics instead of an institutional character typical of public school campus. Rule 6-3(b)(5)(G). The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plaits, The Land Use Pattern Allocation Guide(LUPAG)Map component of the General Plan is a representation of its goals and policies to guide coordinated growth and development of the County. It is a graphic depiction of the physical relationship among various land uses. The LUPAG Map establishes the basic urban and non-urban form for areas within the County. The Property is located in an area 13 i SPP No. 12-000138 Page No. 002353 identified as Law Density Urban in the General Plan, The Low Density Urban designation allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses where overall residential density may be up to six units per acre. The request will not be contrary to the LUPAG Map designation for this area. Additionally, the approval of the subject request would support the following goals and policies of the Economic, Public Facilities and Land Use elements of General Plan: Economic Element • Provide an economic environment that allows new, expanded or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and Social environments. Public Facilities-Education Course ofActions for South Hilo) • Encourage the establishment of additional schools as the need arises. Land Use-Public Land • Encourage uses of public lands that will satisfy specific public needs, such as housing, recreation, open space and education. Based on the above, the proposed request is not contrary to the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which is Low Density Urban and allows ancillary community and public uses. The General Plan encourages the use of public land for education and a course of action for South Hilo encourages the establishment of additional schools as the need arises. Finally, the proposed use is not contrary to the objectives sought to be accomplished by HRS Chapter 205A, relating to the Coastal Zone Management Program. The Property is located over three miles from the closest shoreline and is not located within the Special Management Area. 14 i SPP No. 12-000138 Page No. 002354 F. CONCLUSION Based on the above, Applicant believes that the proposed use and development of the Property satisfies the requirements of Planning Commission Rule 6-7 and Rule 6-3(b)(5)(A)-(F) and that it should be granted a special permit to allow the phased, incremental development of a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres situated in the State Land Use Agricultural District. Applicant CBESS respectfully requests that the Hearings Officer send a favorable recommendation to the Windward Planning Commission as it relates to SPP No. 12-000138. DATED: Honolulu, Hawaii, October , 2013. CARTER K, S1U 7313 � Deputy Attorney General Department of the Attorney General, State of Hawaii Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Hilo, Hawaii October 1_�, 2013, TED H.S. HON Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 15 f SPP No. 12-000138 Page No. 002355 F. CONCLUSION Based on the above,Applicant believes that the proposed use and development of the Property satisfies the requirements of Planning Commission Rule 6-7 and Rule 6-3(bx5)(A)-(F) and that it should be granted a special permit to allow the phased,incremental development of a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres situated in the State Land Use Agricultural District. Applicant CRESS respectfully requests that the Hearings Officer send a favorable recommendation to the Windward Planning Commission as it relates to SPIE No. 12-00013$. DATED: Honolulu, Hawaii,October CS 2013. R -#&'73-13 Deputy Attorney General Department of the Attorney General, State of Ha wa i i Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Hilo, Hawaii October_, 2013. TED H.S, HONG Attomey for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) 15 i E SPP No. 12-000138 Page No. 002356 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room304 Honolulu, Hawaii 96813 Telephone No. 808.586,1255 Carter.K.Siu@hawaii.p,ov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.93 3.1919 ted(a)tedhonPl aw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CB ESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 ) CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT } APPLICANT'S CONNECTIONS NEW SERVICES ) CENTURY PUBLIC CHARTER SCHOOL and } COMMUNITY BASED EDUCATION SUPPORT SERIVCES (CBESS); Application for Special Permit Application ) CERTIFICATE OF SERVICE No. t2-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) CERTIFICATE OF SERVICE i r SPP No. 12-000138 Page No. 002357 I HEREBY CERTIFY that on October 1f`� , 2013, l caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ. (sandrasongOhawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self, Esq. (aself@.co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes kalani gomes hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (daraiCa7,co.hawaii.hi.us) Jeff Darrow darrow co.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii October--.----, 2013. CARTER K. SIU ��� � Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Honolulu, Hawaii October , 2013. -14 T96 H.S. HON Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) i SPP No. 12-000138 Page No. 002358 [ HEREBY CERTIFY that on October k--\ ,2013, I caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ.(sandrasonaRItawjiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 Amy Self,Esq. aself(a)co.hawaii.hims Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes(kalani mes .hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (damiQ.ca.lra@ Jeff Darrow('darrow@co. awaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii October .2013. C Ek. Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Honolulu,Hawaii October ,2013. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CRESS) i SPP No. 12-000138 Page No. 002359 i v� SPP No. 12-000138 Page No. 002360 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 AMENDED CONNECTION NEW CENTURY PUBLIC ) SUBPOENA (NOTICE TO APPEAR) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) j [WITNESS: KURT INABA] Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaurnana, South Hilo, ) Island of Hawaii ) AMENDED SUBPOENA THE STATE OF HAWAII: TO: Any Officer authorized by law to serve subpoenas in the State of Hawaii YOU ARE COMMANDED to subpoena the individual named below: KURTINABA Address: 345 Kekuanaoa Street, Suite 20, Hilo, Hawaii 96720 Phone: (808)961-8050 i SPP No. 12-000138 Page No. 002361 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named,in the above-entitled matter. DATE: TIME: October 21, 2013 11:00 a.m. to 1:00 p.m. or until such time your testimony may be heard. LOCATION: CVL Hilo State Building(e 75 Aupuni Street Hilo, Hawaii 95720 Conference Room A, B, C DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, �rj'?&j� SANDRA . SONG Hearings Officer SPP No. 12-000138 Page No. 002362 SPP No. 12-OMI 38 Page No. 002363 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-005:141; Kavmana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Narne of Party Serviced: Signature of Party Serviced; Address Where Served: Type of Document Served Date of Services: I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served sarne on the P erved above on the Date and Time of Service and the Address listed above. e• Print Name of Server Acknowledgement of Hearings Officer Sandra Song i SPP No. 12-000138 Page No. 002364 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhongllaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } CONNECTION NEW CENTURY PUBLIC } SUBPOENA (NOTICE TO APPEAR) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) [WITNESS: RON THIEL in his Individual Application for Special Permit Application ) Capacity and Official Capacity as Chief of Traffic Division,Department of Public No. I2-O0fl138 } Works, County of Hawaii] } TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: Any Officer authorized by law to serve subpoenas in the State of Hawaii, YOU ARE COMMANDED to subpoena the individual named below: RON THIEL Address: 108 Railroad Avenue Hilo, Hawaii 96720 Phone: (808)961-8341 SPP No. 12-000138 Page No. 002365 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE.- TIME: Monday, October 21, 2013 11:00 a.m. to 1:00 p.m. LOCATION- 110i P. Hilo, HI 96720 M-�7 DISOBEDIENT of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, � f SANDRA P. N Hearings Officer SPP No. 12-000138 Page No. 002366 SPP No. 12-00mis Page No. 002367 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE ) Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE- ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of P Serviced: hw Address Where Served: Type of Document erved to t PA ti} &- -#� K10, fill Date of Services: /f- # fo/f I verify that the statement are true to my personal knowledge and belief and do certify that 1 received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. n re: Print Name of erver 44, x Acknowledgement of Hearings Officer Sandra Song i SPP No. 12-000138 Page No. 002368 TED H. S.HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted(a.tedhon lag w.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) SUBPOENA (NOTICE TO APPEAR) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) [WITNESS: CUSTODIAN OF RECORDS, Application for Special Permit Application County of Hawaii,Real Property Tax Office} No. 12-000138 ) ) TMK: (3)2-5-006:14 1; Kaumana, South Hilo, } Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: Any Officer authorized by law to serve subpoenas in the State of Hawaii, YOU ARE COMMANDED to subpoena the individual named below: CUSTODIAN OF RECORDS, County of Hawaii, Real Property Tax Office Address: 101 Pauahi Street, Suite 4, Hilo, Hawaii 96720 Phone: (808)961-820I SPP No. 12-000138 Page No. 002369 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: T1 ME: Monday, October 21, 2013 9:00 A.M. LOCATION: pF 1t1� 1Y1��7.�J9r1�N+ ow �j � �C Hilo, HI 96720 I I` DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: 1-111o, Hawaii, „ DR S _ NG Hearings fficcr SPP No. 12-000138 Page No. 002370 Z5 i a� SPP No. 12-000138 Page No. 002371 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, H196720 Telephone No. 808.933.1919 ted(a)tedhon gl aw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } AMENDED CONNECTION NEW CENTURY PUBLIC } SUBPOENA CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT } SERVICES ) Application for Special Permit Application ) [WITNESS: DUANE KANUHA in his No. 12-000138 } Individual and Official Capacity as Director, Planning Department, County of Hawaii ] TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) AMENDED SUBPOENA THE STATE OF HAWAII: TO: Any Officer authorized by law to serve subpoenas in the State of Hawaii, YOU ARE COMMANDED to subpoena the individual named below. YOU ARE COMMANDED to subpoena the following witness DUANE KANUHA Address: 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720 Phone: (808)96-8288 SPP No. 12-000138 Page No. 002372 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Monday, October 21, 2013 1:00 p.m. to 3:00 p.m. LOCATION: STATE OF HAWAII 75 AUPUNI STREET, CONFERNECE ROOM A B C HILO HAWAII 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. �r �, �? DATED: Hilo, Hawaii, 2-1, SANDRA P. SONG Hearings Officer SPP No. 12-000138 Page No. 002373 SPP No. 12-000138 Page No. 002374 u 0 ON UwV Z Cd O LQ z mm x � wz z o ami Fw- z z z z z z z L w CL � O! U � o zdi `� as O °" Ln c di C¢L] r. d 3 w ? bq LEN o' w ,� d O a, V) L cu L = V3 z m ¢ 3 o° w � L < ca °V' cn w a, a rs Z O N cin v a I: �. z a nac Q c a, a. z o c V za W w V3 cG z �. Z 0 O A o¢.. SPP No. 12-000138 Page No. 002375 ZI SPP No. 12-000138 Page'No. 002376 PETITION FOR STANDING INA CONTESTED CASE HEARfN •" r(Page 1 of 2) NAME: Yey�C ��Sh RQ i.�'] i. Lit 12 47 ADDRESS: 1572, MCAC. MAMA. PHONE NO.: _O$ APPLICANT/C41%V%dr_W0h5Ne-LO Q r1t%AV-yam EC+`e.. CCZEs-S) DOCKET N0.: JPF - 1.2 — doo l 3Ft A. Is your interest in this matter clearly distinguishable from that of the general public? Yes—}S- No If the answer is"yes", please explain: a l~arj If the answer is"no", please explain how the proposed action will neverdieless cause you actual or threatened injury: B. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No_ f If the answer is "yes",please explain the nature of the agency's jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? Yes No If the answer is"yes",please explain: Appendix A 088376 i SPP No. 12-000138 Page No, 002377 PETPTION FOR STANDINGIN A CONTES��ASE HEARING T (Page 2 of 2) D. Are yowa person or persbhs descended from native Hawaiians who inhabited the Hawaiian Islands-prior to 1778,whd practised thole tights which Were customarily and traditionary exercised for subsistence, cultural,or religious purposes? Yes No r If the answer is"yes",please submit any genrvogical evidence add historical evidence showing the exercise of those rights to support your statement: PediVneesSignature STATE OF HAWAII } } SS. COUNTY OF HAWAII } r On this 31 day of ae,�yl 201S before me personally appeared i� a �,_to me known to be the person described in and who executed the foregoing instrument,and acknowledged that he executed the same as his free act and deed. Nota Public, State of Hawaii RDY K. ATEA My commission expires: !¢ - Appendix A SPP No. 12-000138 > 6 Page No. 002378 NT , i TERENCE YOSHIOKA 1572 Mele Manu Street Hilo,Hawaii 96720 t?: $ PLANNING DEPARTMENT COUNTY OF HAWAII STATE OF HAWAII In the Matter of the Applicant of ) Docket No. CONNECTIONS NEW CENTURY } AFFIDAVIT OF TERENCE PUBLIC CHARTER SCHOOL ) YOSHIOKA COMMUNITY BASED EDUCATION } SUPPORT SERVICES (CHESS) } FRIENDS OF CONNECTIONS } AFFIDAVIT OF TERENCE YOSHIOKA STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) In support of Petition for Standing in a Contested Case Hearing, comes now, TERENCE YOSHIOKA, being first duly sworn on oath, and in support of the Motion to Intervene,does hereby allege as follows: I. That I am an adult and a resident at 1572 Mele Manu Street,Hilo,Hawaii 96720; 2. That my residence is situated in the Pacific Plantations Subdivision; 3. That the school which Petitioner CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL COMMUNITY BASED EDUCATION SUPPORT SERVICES(CBESS) FRIENDS OF CONNECTIONS is seeking to construct through I 088376 i SPP No. 12-000138 Page No. 002379 this Special Permit process is located on land which is situated in part within or adjacent to the Pacific Plantation Subdivision; 4. That I must pass the school property every time I leave and return to my home and thereby subject myself to the motor vehicle and pedestrian traffic that will be generated by the construction and activities of the school; 5. That my interest in the Special Permit is clearly distinguishable from that of the general public; 6. That I am an attorney and former Family Court Judge who has some experience with land use and zoning matters; 7. That I am precluded from representing anyone due to the inactive status of my license as an attorney; 8. That I am also precluded from offering legal advice or performing any legal services for others; 9. That the foregoing restrictions prevent me from giving any meaningful assistance to Jeff Gomes, who is the only party to this proceeding who is opposing the Special Permit; 10. That unless I am allowed to intervene I believe that Mr. Gomes will be at a serious disadvantage in representing himself and all others who are in opposition to the Special Permit. l l. That if I am allowed to intervene, I believe that my knowledge and experience will lessen the disadvantage to Mr. Gomes and others who are opposed and not participating as parties; 2 SPP No. 12-000138 Page No. 002380 12. That if allowed to intervene, Mr. Gomes has agreed to restrict his participation in further proceedings,to the extent described by the Hearings Officer,as stated in his Affidavit appended hereto; 13. That I believe my participation in their proceeding will not lengthen the time needed to complete the contested case hearing but may actually decrease the time due to my legal training and background; 14. That my participation will level the playing field somewhat and serve to further the ends of justice; and 15. That I do not intend to offer any additional witnesses and will restrict any participation to the cross-examination of other parties' witnesses. Other than this limitation, I intend to fully participate as a party in all other aspect of this proceeding. And further affiant sayeth not. TERFNCE YOSMOKA Subscnbed and sworn to/before me this 31 i day of &Zr. —,201 . r Nota Public,State of Hawaii My commission expires: Doc. Date: !�!� or 11 Undated at time of notarization # Pages: 3 Name of Notary/: Third Circuit Document Description: Affidavit of Terence Yoshioka 13 1 o ry Signature IDate NOTARY CERTIFICATION (Seal or Stamp} 3 I SPP No. 12-000138 Page No. 002381 r JEFF GOMES 4 281 Edita Street Hilo,Hawaii 96720 PLANNING DEPARTMENT COUNTY OF HAWAII STATE OF HAWAII In the Matter of the Applicant of ) Docket No. CONNECTIONS NEW CENTURY ) AFFIDAVIT OF JEFF GOMES PUBLIC CHARTER SCHOOL ) COMMUNITY BASED EDUCATION ) SUPPORT SERVICES (CBESS) ) FRIENDS OF CONNECTIONS ) AFFIDAVIT OF JEFF GOMES STATE OF HAWAII ) ) SS: COUNTY OF HAWAII } In support of Petition for Standing in a Contested Case Hearing, comes now, JEFF GOMES, being first duly sworn on oath, and in support of the Motion to Intervene, does hereby allege as follows: I. That I am an adult and a resident at 281 Edita Street, Hilo, Hawaii 96720; 2. That my residence is situated in the Pacific Plantations Subdivision; 3. That I am a party to the Special Permit Application of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL COMMUNITY BASED EDUCATION SUPPORT SERVICES(CBESS)FRIENDS OF CONNECTIONS; 4. That I became a party to oppose the Special Permit as the community in which I live has no community association to voice its objection to the Special Permit; 1 0883.7;; i SPP No. 12-000138 Page No. 002382 S. That I do not have sufficient knowledge or experience to adequately represent myself or others who are opposed to the Special Permit in these proceedings; 6. That the intervention by Terence Yoshioka in these proceedings would be welcomed by me as Mr. Yoshioka is more knowledgeable and experienced on land use and zoning matters as well as contested case proceedings, and is more capable of presenting the objections and arguments against the Special Permits; 7. That if Mr. Yoshioka is allowed to intervene, I am willing to accept whatever reasonable terms,conditions and restrictions which the Hearing Officer may impose upon me for the balance of the proceedings; and 8. That I believe Mr. Yoshioka's participation will enhance the probability of producing all relevant and material evidence needed for deciding whether the Special Permit should be approved or denied. And further affiant sayeth not. JEFY GOME Subscribed and sworn to before me this o day of NQvemlacr _,2013. Notary Public,State of Hawaii My commission expires: �',, 2-0/7' Dae. Date: or Lj Undated at time of notarization #Pages: 2 Name of Notary: J Talrch _ Third Circuit Document Description. Affidavit of Jeff Gomes _ ,d(- hlwcl _ j/-y- 1_3 Notary Signature Dale NOTARY CERTIFICATION (Seal or Stamp) 2 SPP No. 12-000138 Page No. 002383 i SPP No. 12-000138 Page No. 002384 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room304 Honolulu,Hawaii 96813 Telephone No. 808.586.1255 Carter.K.Siti@hawaii.gov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo,HI 96720 Telephone No. 808.933.1919 ted(rraedhonalaw.corn Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) ERRATA TO APPLICANTS CONNECTION CHARTER SCHOOL AND COMMUNITY ) NEW CENTURY PUBLIC CHARTER BASED EDUCATION SUPPORT ) SCHOOL and COMMUNITY BASED SERVICES ) EDUCATION SUPPORT SERVICES (CBESS)JOINT PRE-HEARING BRIEF; CERTIFICATE OF SERVICE Application for Special Permit Application ) No. 12-000138 ) HEARINGS OFFICER - SANDRA SONG TMK: (3)2-5-006:141; Kaumana, South Hilo, ) HEARING DATE: Island of Hawaii ) OCTOBER 21 AND 22, 2103 SPP No. 12-000138 Page No. 002385 ERRATA TO APPLICANT'S CONNECTION MW CENT RY PURLIC CHARTER SCHO L and COMMUNITY BAS EDUCATION SPORT SERVICES BESS)JOINT SUI3MISSION OF A PRE-HEARWO BRIEF Applicants CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES, by and through its undersigned counsel,CARTER K. SIU and TED H.S.HONG submit their errata sheet to their Joint Pre- Hearing Brief to correct the following: 1. At Page 10,the second sentence under Paragraph 4, should read as follows: "Based upon the comments received from various public agencies,the following will be done to ensure that the proposed use shall not burden public agencies:" DATED: Honolulu,Hawaii,November 2013. C K. SIU 7313 Deputy Attorney General Department of the Attorney Gencral, State of Hawaii Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Hilo, Hawaii ,November 6-,2013. D H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 2 SPP No. 12-000138 Page No. 002386 TED H. S.HONG 3569 Attomey at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted0atedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CERTIFICATE OF SERVICE CHARTER SCHOOL AND COMMUNITY ) [RE ERRATA TO APPLICANTS BASED EDUCATION SUPPORT ) CONNECTION NEW CENTURY PUBLIC SERVICES ) CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERIVCES (CBESS)JOINT PRE-HEARING Application for Special Permit Application ) BRIEF] No. I2-000138 ) } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 8 ,2013, I caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ. (sandrason a hawaiiantel.neD Hearings Officer 10 Kamehameha Avenue Hilo,Hawaii 96720 CARTER K. SIU, ESQ. (Carter.K.Siuna hawaii.Rov) Deputy Attorney General Attorney for Applicant Connections New Century Public Charter School 235 S. Beretania Street,Room 304 Honolulu,Hawaii 96813 i SPP No. 12-000138 Page No. 002387 Amy Self, Esq. (aself(&co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes (kalanigomesnlhawaiiantel.net) Intervenor 281 Edita Street Hilo,Hawaii 96720 Daryn Arai (daraircDco.hawaii.hi.us) Jeff Darrow(jdarrow&co hawaii.hi.us) Planning Commission Staff County ofHawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Hilo, Hawaii,November '4 , 2013. Ti�ffH.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 2 I SPP No. 12-000138 m Page No. 002388 DAVID M. LOUIE 2612 ORIGIN"AL Attorney General of Hawaii CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room304 Honolulu, Hawaii 96813 Telephone No. 808.586.1255 Carter.K.Siu 2,hawaii. ov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted&.tedhonglaw.corn Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-00013 8 } } CONNECTION NEW CENTURY PUBLIC } ERRATA TO APPLICANTS CONNECTION CHARTER SCHOOL AND COMMUNITY ) NEW CENTURY PUBLIC CHARTER BASED EDUCATION SUPPORT } SCHOOL and COMMUNITY BASED SERVICES } EDUCATION SUPPORT SERIVCES (CRESS)JOINT PRE-HEARING BRIEF; } CERTIFICATE OF SERVICE Application for Special Permit Application ) No. 12-000138 } HEARINGS OFFICER- SANDRA SONG TMK: (3)2-5-006:141; Kaumana, South Hilo, ) HEARING DATE: Island of Hawaii ) OCTOBER 21 AND 22,2103 SPP No. 12-000138 Page No. 002389 ERRATA TO APPLICANT'S CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS)JOINT SUBMISSION OF A PRE-HEARING BRIEF Applicants CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES, by and through its undersigned counsel,CARTER K. SIU and TED H.S. HONG submit their errata sheet to their Joint Pre- Hearing Brief to correct the following: 1. At Page 10,the second sentence under Paragraph 4, should read as follows: "Based upon the comments received from various public agencies,the following will be done to ensure that the proposed use shall not burden public agencies:" DATED: Honolulu, Hawaii,November , 2013. CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Hilo, Hawaii ,November ,2011 ED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 2 I SPP No. 12-000138 Page No. 002390 ERRATA TO APPLICANT'S CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCA-11-ION SUPPORT SERVICES(CBES@JOINT SUBMISSION OF A PRE-HEARING BRIEF Applicants CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPORT SERVICES,by and through its undersigned counsel, CARTER K. SIU and TED H.S. HONG submit their errata sheet to their Joint Pre- Hearing Brief to correct the following: I. At Page 10,the second sentence under Paragraph 4,should read as follows:"Based upon the comments received from various public agencies,the following will he done to ensure that the proposed use shall not burden public agencies:" DATED: Honolulu,Hawaii,November ;-2013. CMTEK K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Hilo, Hawaii ,November ,2013. TED H.S.HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES(CBESS) 2 i r SPP No. 12-000138 Page No. 002391 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted,f tedhon"I w.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } } CONNECTION NEW CENTURY PUBLIC } CERTIFICATE OF SERVICE CHARTER SCHOOL AND COMMUNITY ) [RE ERRATA TO APPLICANTS BASED EDUCATION SUPPORT } CONNECTION NEW CENTURY PUBLIC SERVICES } CHARTER SCHOOL and COMMUNITY } BASED EDUCATION SUPPORT } SERIVCES (CBESS) JOINT PRE-HEARING Application for Special Permit Application } BRIEF] No. 12-000138 } } TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November� , 2013, 1 caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ. (sandrasone(ju�hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 CARTER K. SIU, ESQ. (Carter.K.Siu;,U?hawaii.gov) Deputy Attorney General Attorney for Applicant Connections New Century Public Charter School 235 S, Beretania Street, Room 304 Honolulu, Hawaii 96813 SPP No. 12-000138 Page No. 002392 Amy Self, Esq. (;selA&co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Jeff Gomes(kalanigomes,c' hawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (darai u-co.hawaii,hi.u$) Jeff Darrow 'darrow dico.hawaii.hi.us Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Hilo, Hawaii, Novembers , 2013. H.S. NG , Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 2 E SPP No. 12-000138 Page No. 002393 i a SPP No. 12-000138 Page No. 002394 TED H. S. HONG 3569 Attorney at Law P. O.Box 4217 Hilo,H!96720 Telephone No. 808.933.1919 ted@tedhonjzlaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) RETURN OF SERVICE; CHARTER SCHOOL AND COMMUNITY ) ACKNOWLEDGMENT OF SERVICE BASED EDUCATION SUPPORT ) SERVICES } [WITNFSS: BOBBY JEAN LEITHEAD } TODD] } Application for Special Permit Application ) No. 12-000138 ) TMK: (3) 2-5-006:141; Kaurnana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE The undersigned hereby declares under penalty of perjury and says that he/she served the attached Subpoena by hand delivering a copy to on_ at [address]V 1� _ � � n •_ r' , f 74�",=rf and tendering to that person the fee for one day's attendance and the mileage allowed by law. I declare under penalty of the law of the State of Hawai'i that the foregoing is true and correct. 1 SPP No. 12-000138 !� Page No. 402395 DATED: 7' J, H AII, /7 V Civ eputy/Proce s Server /�,., �_/�7{� r a f 11W Printed Name ACKNOWLEDGEMENT OF SERVICE: The undersigned acknowledged receipt by personal service of the attached Subpoena. Sigifature Printed Name Date and Time Acknowledgement of Hearings Officer Sandra Song SPP No. 12-000138 Page No. 002396 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted(q-_)tedhonjzlaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } ) CONNECTION NEW CENTURY PUBLIC ) SUBPOENA (NOTICE TO APPEAR) CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT } [WITNESS: BOBBY JEAN LEITHEAD SERVICES ) TODD ] Application for Special Permit Application ) No. 12-000138 } TMK. (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: ANY OFFICER AUTHORIZED BY LAW TO SERVE SUBPOENAS IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness: BOBBY JEAN LEITHEAD TODD 2100 Kanoelehua Avenue Hilo, Hawaii 96720 Phone: (808) 961-8083 I SPP No. 12-000138 Page No. 002397 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Tuesday, November 12, 2013 10:30 a.m., or until such time your testimony may be heard. LOCATION: Hilo State Building ("Old Court House") 75 Aupuni Street Hilo, Hawaii 96720 Conference Room A, B, C DISOBEDIENCE of this subpoejnamayas contempt by this tribunal. DATE ISSUED: Hilo,Hawaii, SANDRA P. SONG Hearings Officer I SPP No. 12-000138 Page No. 002398 i F SPP No. 12-000138 Page No. 002399 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedbc)nglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) RETURN OF SERVICE; CHARTER SCHOOL AND COMMUNITY ) ACKNOWLEDGMENT OF SERVICE BASED EDUCATION SUPPORT ) SERVICES ) [WITNESS: SIDNEY FUKE] Application for Special Permit Application ) No. 12-000138 ) TMK: (3) 2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii } RETURN OF SERVICE The undersigned hereby declares under penalty of perjury and says that he/she served the attached Subpoena and Subpoena duces tecum by hand delivering a copy to mpaq r , on l� f3 at [address] ��T�i/f h! t �Py I Kd �16 �-110 r 4+ vix and tendering to that person the fee for one day's attendance and the mileage allowed by law. I SPP No. 12-000138 Page No. 002400 I declare under penalty of the law of the State of Hawai'i that the foregoing is true and correct. DATED: 44A p C it Deputy rocess Server Printed Name ACKNOWLEDGEMENT OF SERVICE: The undersigned acknowledged receipt by personal service of the attached Subpoena. Signature rn�El 61 Pe I'L Printed Name Date and Time Acknowledgement of Hearings Officer Sandra Song i SPP No. 12-000138 Page No. 002401 TED H. S. HONG 3569 Attomey at Law P. O. Box 4217 Hilo, H196720 Telephone No. 808.933.1919 ted(7a,tedhonglaw.com Attomey for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } } CONNECTION NEW CENTURY PUBLIC } SUBPOENA (NOTICE TO APPEAR) CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT } [WITNESS: SIDNEY FUKE] SERVICES } } } Application for Special Permit Application } No. 12-000138 } } } TMK: (3) 2-5-006:141; Kaumana, South Hilo, } Island of Hawaii } SUBPOENA THE STATE OF HAWAII: TO: ANY OFFICER AUTHORIZED BY LAW TO SERVE SUBPOENAS IN THE STATE OF HAWAII: YOU ARE COMMANDED to subpoena the following witness named below: SIDNEY FUKE 1358 Mele Manu Street, Apt. C Hilo, Hawaii 96720 Phone: (808) 969-1522 i SPP No. 12-000138 Page No. 002402 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below, to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TIME: Tuesday, November 12, 2013 11:15 a.m. or until such time your testimony may be heard. LOCATION: Hilo State Building("Old Court House") 75 Aupuni Street Hilo, Hawaii 96720 Conference Room A, B, C DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATE ISSUED; Hilo, Hawaii, SANDRA P. ONG Hearings Officer 2 SPP No. 12-000138 Page No. 002403 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 tedCa edhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 SUBPOENA DUCES TECUM;NOTICE TO CONNECTION NEW CENTURY PUBLIC ) A PERSON OR ENTITY SERVED WITH A CHARTER SCHOOL AND COMMUNITY ) SUBPOENA DUCES TECUM WHO IS NOT BASED EDUCATION SUPPORT ) A PARTY TO THIS CASE SERVICES ) [WITNESS: SIDNEY FUKE] Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA DUCES TECUM THE STATE OF HAWAII: TO: Any Officer authorized by law to serve subpoenas in the State of Hawaii YOU ARE COMMANDED to subpoena the following witness named below: SIDNEY FUKE Address: 1358 Mele Manu Street, Apt. C Hilo, Hawaii 96720 I SPP No. 12-000138 Page No. 002404 WITNESS, YOU ARE COMMANDED to appear before a Notary Public from Island Court Reporting&Transcription Services, who is duly authorized to administer oaths, on II" 1 Tuesday,November 1212013 atWAM, at the Hilo State Building ("Old Court House"), 75 Aupuni Street, Hilo, Hawaii 96720, Conference Room A, B, C, to testify as a witness (at a County of Hawaii Windward Planning Commission Contested Case Hearing)on the part of the Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS)taking of an oral deposition in the above-entitled matter. YOU ARE FURTHER ORDERED to bring with you the original and 4 copies for a total of 5 sets of the books, papers, documents or other things in your possession or under your control, described as follows: 1. Your current Curriculum Vitae. 2. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two (2)years related to Hawaii Revised Statutes Chapter 343, 3. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two(2) years related to Hawaii Revised Statues Chapter 205A. 4. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two(2) years related to HAR Title 15, Chapter 15. 5. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two(2) years related to HAR§15-15-95(e). SPP No. 12-000138 Page No. 002405 6. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two(2) years related to a Special Permit Application pursuant to the County of Hawaii Planning Department Rules and Procedures and the County of Hawaii Planning Commission Rules of Practice and Procedure. 7. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two(2) years related to Use Permit pursuant to the County of Hawaii Planning Department Rules and Procedures and the County of Hawaii Planning Commission Rules of Practice and Procedure 8. Any and all reports, opinions, finds of facts or conclusions you have authored,co- authored, and/or provided data for within'the past two (2) years related to a Variance Application pursuant to the County of Hawaii Planning Department Rules and Procedures and the County of Hawaii Planning Commission Rules of Practice and Procedure. 9. Any and all reports, opinions, finds of facts or conclusions you have authored, co-authored, and/or provided data for within the past two (2) years related to a Water Variance Application pursuant to the County of Hawaii Planning Department Rules and Procedures and the County of Hawaii Planning Commission Rules of Practice and Procedure. 10, Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two (2) years related to a Zoning Amendment pursuant to the County of Hawaii Planning Department Rules and Procedures and the County of Hawaii Planning Commission Rules of Practice and Procedure. 11. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two (2) years related to a Special Management 3 i SPP No. 12-000138 Page No. 002406 Area Application pursuant to the County of Hawaii Planning Department Rules and Procedures and the County of Hawaii Planning Commission Rules of Practice and Procedure. 12. Any and all documents and correspondence memoranda, letters, correspondence, emails within the past two (2) years to present, that mentions CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES (otherwise known as CBESS), and/or the school project currently being considered by the Windward Planning Commission on the property located at Tax Map Key (3)2-5-006: 141,which is on the southwest side and the northeast side of Edita Street, at its intersection with Kaumana Drive. 13. Any and all communications from directors or officers of the group Kaumana community association to members of the group Kaumana community association within the past two (2) years to present that mentions CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES (otherwise known as CBESS), and/or the school project currently being considered by the Windward Planning Commission on the property located at Tax Map Key (3) 2-5-006: 141,which is on the southwest side and the northeast side of Edita Street, at its intersection with Kaumana Drive. WITNESS, you are hereby commanded to appear at the time and place indicated to testify; you are to bring all of the above described records with you. DATE ISSUED: Hilo, Hawaii, _ )41-3 )4/.3 SANDRA P. SONG Hearings Officer 4 SPP No. 12-000138 Page No. 002407 NOTICE TO A PERSON OR ENTITY SERVED WITH A SUBPOENA DUCES TECUM WHO IS NOT A PARTY TO THIS CASE The Subpoena attached hereto should specifically set forth the materials sought to be subpoenaed. Any person and/or entity or their attorney objecting to the Subpoena or to disclosure of any materials subpoenaed shall appear on the date and at the time and place for return indicated on the Subpoena and State their objections. Failure to object on the return date may be considered a waiver of any objections. The person or entity subpoenaed or their counsel may submit a written statement of objections to the Hearings Officer listed above. If a person or entity objects to disclosure of only part of the material, the pages or sections of material considered confidential and/or nondisclosabie shall be tabbed or marked for the Hearings Officer. Matters presented at the return may be continued from time to time without further notice except as announced at the time of retum. 5 4 SPP Na. 12-000138 Page Na. 002408 SPP No. 12-000138 Page No. 002409 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhongllaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) DECLARATION OF DIANTHE CHARTER SCHOOL AND COMMUNITY ) CASTILLO; EXHIBITS "1 —3" BASED EDUCATION SUPPORT ) SERVICES ) Application for Special Permit Application ) No. 12-000138 ) TMK: (3) 2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) DECLARATION OF DIANTHE CASTILLO I, DIANTHE CASTILLO, do hereby declare and state the following: 1. I was tasked to serve Sydney Fuke with a Subpoena and Subpoena Duces Tecum,on November 7, 2013; 2. On November 7,2013, at approximately 11:15 a.m., I drove to Syndey Fuke's place of business located at 100 Pauahi Street,Hilo, Hawaii 96720. 3. I knocked on the door and tried to open it, but the door was locked. 4. I read the sign posted on Sydney Fuke's office door,which provided specific instructions 1 I SPP No. 12-000138 Page No. 002410 on what to do in the event that an 'item required a signature upon delivery. 5. Incorporated herein and referenced as Exhibit"I", is a true and accurate copy of the photo of the sign on Syndey Fuke's door. 6. Pursuant to the instruction signed by Sydney Fuke, on the door of his place of business,I walked to Suite 210. 7. Suite 210 is a business entitled, Big Isle Smile, Dr. Guy Rapoza, D.D.S., General Dentistry. 8. Incorporated herein and referenced as Exhibit"2", is a true and accurate copy of the photo of the door of Suite 210. 9. 1 entered Suite 210,pursuant to the direction of Sydney Fuke's sign, and provided Molly Harper, of Suite 210, with Sydney Fuke's Subpoena and Subpoena Duces Tecum, (enclosed in an envelope). 10. I asked Molly Harper if she would sign the Return and Acknowledgement of Service as proof that I delivered the documents. 11. Molly Harper agreed and stated that she always accepts items for Sydney Fuke, and further elaborated that I should not worry, it is common practice for them to accept things on behalf of Sydney Fuke and that Sydney Fuke will receive the envelope. 12. Molly Harper executed the Return and Acknowledgment of Service. 13. I exited Suite 210, with the executed Return and Acknowledgment of Service and took a photograph of the door indicating the address 210. 14. Incorporated herein and referenced as Exhibit"3", is a true and correct copy of the internet advertisement of Dr. Guy Rapoza, D.D.S. dentistry indicating the physical address of the place of business, via a website titled, Manta. This exhibit indicates that 2 i SPP No. 12-000138 Page No. 002411 Dr. Guy Rapoza, D.D.S.,physical address is 100 Pauahi Street, Suite 210,Hilo,Hawaii 46720. 15. Under the penalty of perjury, I declare that the foregoing statements are true and accurate. DATED: Hilo, Hawaii,November 7, 2013. - DIANTHE K. CASTILLO 3 EXHIBIT 'T' i SPP No, 12-O0D138_ Page Na 002+413 EXHIBIT 642" i ��`fz113' 0(3264x2448) SPP No. 12-000138 EXHIBIT 'T' httpsJlmaff_attachmenLgcagteusercontent.comlattachrr 111 4 SPP No. 12-000138 Page No. 002415 I SPP No. 12-000138 Page No. 002416 DAVID M. LOUIE 2612 Attorney General State of Hawaii CARTER K. SIU 7313 Deputy Attorney General 235 South Beretania Street,Room304 Honolulu, Hawaii 96813 Telephone No. 808.586.1255 Carter.K.Siu@hawaii. ov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 ) CONNECTIONS NEW CENTURY PUBLIC ) APPLICANT CONNECTIONS NEW CHARTER SCHOOL AND COMMUNITY ) CENTURY PUBLIC CHARTER SCHOOL'S BASED EDUCATION SUPPORT OBJECTION TO TERENCE YOSHIOKA'S SERVICES ) PETITION FOR STANDING IN A CONTESTED CASE HEARING; CERTIFICATE OF SERVICE Application for Special Permit Application HEARINGS OFFICER - SANDRA SONG No. 12-000138 ) ) TMK: (3)2-5-006;141- Kaumana, South Hilo, ) HEARING DATE:OCTOBER 21 AND 22,2103 Island of Hawaii ) APPLICANT CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL'S OBJECTION TO TERENg YOSHIOKA'S PETITION FOR STANDING IN A CONTESTED CASE HEARING Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL,by and through its undersigned counsel CARTER K. SIU, Deputy Attorney General, submits the following objection to Terence Yoshioka's Petition for Standing in a Contested Case Hearing for this Hearings Officer's review and consideration. 4 SPP No. 12-000138 Page No. 002417 L DISCUSSION The instant Petition for Standing in a Contested Case Hearing filed by Terence Yoshioka is just another tactic to further delay the proceedings and to increase the amount Applicants must expend in time, costs, and fees to obtain a Special Use Permit. However, the time for Mr. Yoshioka to file for intervention has long passed. Pursuant to County of Hawaii Planning Commission Rules of Practice and Procedure, Rule 4-6, any such petition to intervene"shall" be filed "no later than seven calendar days, prior to the Commission's first meeting on the matter." The Commission's use of the word "shall"means that it is a mandatory requirement. Thus, the Commission's own procedural rule prohibits what Mr. Yoshioka is attempting to do. Moreover,Mr. Yoshioka has not provided any explanation why he was unable to file his application within the given time period or why he should be excused from complying with a mandatory procedural rule. It must be noted that his tenure as a state family court judge and experience with land use and zoning matters would clearly negate any claim that he was ignorant of the Commission's procedural rules. His application therefore must be denied as untimely, and a determination of the merits of the petition should not be undertaken. Assuming,arguendo, that the merits of the application is considered, it is clear that Mr_ Yoshioka seeks to intervene as a way to subvert the rules in place governing the practice of law. His affidavit claims that he will not engage in the practice of law by providing legal advice to Mr. Games (which he already has admitted to doing in alleged association with his former law firm). But, the declared purpose of his intervention is to use his "legal training and background" to decrease the time needed for the case. It is also to"level the playing field" by allowing him to cross-examine witnesses. It is clear that Mr. Yoshioka wants to play the part of the lawyer SPP No. 12-000138 Page No. 002418 without jumping through all the necessary legal requirements to regain his license to practice law. This should not and cannot be condoned. Mr. Gomes' affidavit makes clear that Mr. Yoshioka intends to engage in the practice of law and to represent the interests of others. As Mr. Gomes admits: "1 do not have sufficient knowledge or experience to adequately represent myself or others who are opposed to the Special Permit in these proceedings." Paragraphs 6 and 8 of the affidavit also describe legal work on behalf of his fellow Kaumana residents: "Mr. Yoshioka is more knowledgeable and experienced on land use and zoning matters as well as contested case proceedings, and is more capable of presenting the objections and arguments against the Special Permits" and that "Mr. Yoshioka's participation will enhance the probability of producing all relevant and material evidence needed for deciding whether the Special Permit should be approved or denied." Finally, and as this Commission has already witnessed during the first two days of the proceedings, Mr. Gomes has not been acting alone. Various members of the community, including Mr. Yoshioka, have provided him with questions to cross-examine Applicant's witnesses. It is not known why the other community members did not pursue intervention at the same time and/or in place of Mr. Gomes, but a decision nonetheless was made for Mr.Gomes to be the representative voice of the community opposition. At this time, though, the only reason for intervention appears to be Mr. Yoshioka's dissatisfaction with Mr. Gomes' performance, which is not an enumerated factor to consider under Rule 4-6(b) of the County of Hawaii Planning Commission Rules of Practice and Procedure. SPP No, 12-000138 Page No. 002419 TI. CONCLUSION Based on the foregoing, Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL submits that there is no legal or factual basis to support the granting of Terence Yoshika's Petition for Standing in a Contested Case Hearing. The petition, therefore, must be denied. DATED; Honolulu, Hawaii, November 8, 2013. C ARr IU Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL i SPP No. 12-000138 Page No. 002420 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SN 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street,Room304 Honolulu, Hawaii 96813 Telephone No. 808.586.1255 Carter.K.Siu @hawaii.gov Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CERTIFICATE OF SERVICE CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) } Application for Special Permit Application ) No. 12-000138 ) } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii } CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 8,2013, 1 caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: Sandra P. Song,Esq. (sandrasong@hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 SPP No. 12-000138 Page No. 002421 Ted H.S. Hong,Esq. (ted@tedhon&law.com Attorney at Law P. O. Box 4217 Hilo,HI 96720 Telephone No. 808.933.1919 Amy Self, Esq. (aself@co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo,Hawaii 96720 Jeff Gomes (kalanigomes@hawaiiantel.net Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (darai@co.hawaii.hi.us) Jeff Darrow (jdarrow@co.hahawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Honolulu, Hawaii, November 8, 2013, C TE K. sfu Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL 4 SPP No. 12-000138 Page No. 002422 3 3 4 ,S SPP No. 12-000938 Page No. 002423 4 TED H, S. HONG 3569 Attorney at LawP. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 tedna,tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 APPLICANT CBESS' MEMORANDUM IN CONNECTION NEW CENTURY PUBLIC } OPPOSITION TO PETITION FOR CHARTER SCHOOI.AND COMMUNITY ) STANDING IN A CONTESTED CASE BASED EDUCATION SUPPORT } HEARING FILED ON NOVEMBER 4, 2013; SERVICES ) DECLARATION OF TED H. S. HONG,- EXHIBITS -1," ONG:EXHIBITS "1," - -3;­ CERTIFICATE OF } SERVICE Application for Special Permit Application ) NON-HEARING MOTION: No. 12-000138 ) DATE. _November 8, 2013 } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii } APPLICANT CBESS' MEMORANDUM IN OPPOSITION TO PETITION FOR STANDING IN A CONTESTED CASE HEARING FILED ON NOVEMBER 4. 2013 COMES NOW, Applicant, COMMUNITY BASED EDUCATION SUPPORT SERVICES (hereinafter referred to as "CBESS"), by and through its undersigned counsel and hereby submits Memorandum in Opposition to Petition for Standing in a Contested Case Hearing Filed on November 4, 2013, as follows: SPP No. 12-000138 Page No. 042424 1. INTRODUCTION Mr. Yoshioka has legal "standing" to participate in the present contested case. However, Mr. Yoshioka forfeited that opportunity due to his intentional failure to follow the Planning Commission's mandatory rules concerning the inclusion of prospective intervener. Mr. Yoshioka had ample notice of his right to intervene in the present case but chose not to participate directly in the Contested Case hearing until after a significant part of the Applicants' case had been completed. Mr. Yoshioka has been actively assisting the Respondent, Mr. Gomes, by providing him legal and strategic advice, including drafting questions for Mr. Gomes to ask the Applicants' witnesses, with the admitted help of another law firm. Mr. Yoshioka deliberately and intentionally waited until a week before the last day of the Contested Case hearing to ambush the Applicant with his request to participate directly as an attorney. Mr. Yoshioka has waived his right to intervene and cannot, at this late date, assert he should be allowed to intervene. Mr. Yoshioka suffers no prejudice by not being able to intervene because he will continue his admitted "ghost writing" along with a prominent Hilo law firm, Nakamoto, Okamoto & Yamamoto to present Mr. Gomes's case and legal argument. The Applicant is unfairly prejudiced by this transparent attempt to disrupt and delay the present proceedings. The request to intervene should be denied. 11. FACTS On or about February 15, 2013, the County of Hawaii Planning Department sent the parties a letter indicating that surrounding property owners, such as Mr. Yoshioka would be given written notice of their opportunity to intervene in a contested case hearing: The Planning Department will be notifying surrounding property owners of the 2 i SPP No. 12-000138 Page No. 002425 continued hearing that will also provide an opportunity to intervene as a party to a contested case hearing before the Planning Commission in accordance with Planning Commission Rule No. 4 regarding Contested Case Procedure. (Emphasis added) See, Exhibit "1,"attached hereto. On or about March 7, 2013, before the Windward Planning Commission, at which Mr. Yoshioka was present, Mr. Daryn Arai, Planning Program Manager, publicly announced: ARAI: Because of the concerns, regarding procedural concerns that were raised, as part of our normal notification to surrounding property owners regarding the upcoming, today's meeting, we included in that notice an opportunity for everyone, for the 1public to file for interven ion in a c ntested case proceedings. Along with that notice was the actual petition that was included in the meeting notice. So as part of advertising today's meeting, we did include the opportunity for intervention; and that letter was mailed out of the Planning Department on February 15`n SELF: Okay. And in that notice, were they given a deadline for when thy had to submit the application by'? ARA[: Pursuant to rule 4, seven days prior to today's meeting. (Emphasis added) See, Exhibit "3," at pages 2138-2139, Planning Commission Record (hereinafter referred to as "PCR"). On July 25, 2013, Mr. Yoshioka received notice from his client that: The pre-hearing conference will be either on 7%30 at 9:30 a.m. or 731 at 1 :30 p.m. Let me know if you are willing to testify again at this hearing. See, Exhibit"2,"at 06, attached hereto. On October 2, 2013, Mr. Yoshioka received an email from Layne Novak, Mr. Gomes and Mr. Fuke: Attached is a pretty detailed outline (STRATEGY) of the approach and points you may want to cover. This is a "cheat" sheet, so you need to be careful NOT to get this in the hand of the applicant. . . . We can talk about this later. Take care! i SPP No. 12-000138 Page No. 002426 Sid. See, Exhibit "2,"at 03_ On October 12, 2013, Mr. Yoshioka received an email from his client, "Sid Fuke" acknowledging Mr. Yoshioka's participation as Mr. Gomes' attorney: At the same time, by having many- including Terence - on his witness list, he may ask the hearings officer to have them excluded from the hearing, that way crippling the support for Jeff. If so, I hope the hearing officer sees through that. b. I have already asked Terence to assist Jeff, and I think he is prepared to do so. Terence has a new email address and I am copying him on this email. (Emphasis added) See, Exhibit"2," at 08. On October 16, 2013, Ms. Novak, summarized a meeting in which Mr. Yoshioka as present and admitted: We had a good tum out last night. Here are some of the highlights: 3. Terrance Isicl Yoshioka will assist Jeff with his questions. (Emphasis added) See, Exhibit "2,"at 04, attached hereto. 111. LAW and ANALYSIS A. Mr. Yoshioka has Failed to Comply with Any of the Procedural Requirements to Intervene. Mr. Yoshioka has failed to comply with the Planning Commission's Rules concerning intervention and the Hearing Officer has no jurisdiction to hear the Petition. In relevant part, the County of Hawaii, Planning Commission's Rules of Practice and Procedure{hereinafter referred to as "PCRPP" states: 4 I SPP No. 12-000138 Page No. 002427 4-1 PuLpose This rule governs contested case procedure before the Commission whenever it is required by law; provided that any procedure in a contested case may be modified or waived by stipulation of the parties, and informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default. This progedure shall be used in all cases where the action of the C mmissign is the final action of a County official or azen�v. orior to the opportunity for appeal to ircuit Court,wherever it is required. It shall therefore be followed in all cases where State statutes provide for direct appeal from the Commission to Circuit Court. (Emphasis added) In terms of whether Mr. Yoshioka received notice of his opportunity to intervene in the present case, PCRPP, states: 4-5 Notice of Contested Case Hearin (b) The notice of the date, time, place, and nature of the hearing shall also be published twice in two newspapers of general circulation in the County. Within ten days after the application has been filed, a notice shall appear in two County newspapers of general circulation and a second notice, not less than ten days prior to the hearing, shall appear in two County newspapers of general circulation and shall also be filed at least six calendar days prior to the hearing with the Office of the County Clerk. ( c) The applicant shall serve notice to surrounding property owners and lessees of record pursuant to Section 25-2-4 of Chapter 25, Hawaii County Code. Such notice shall also include a form developed by the Planning Department that outlines the contested case procedure and who qualifies. In addition, the notice shall state that ou have a right to file a written rcouest for a contested case procedure. (Emphasis added) Mr. Yoshioka failed to comply with the PCRPP, concerning the filing of his petition to intervene: 4-6 Prehearing Procedure (a) In all proceedings where the Commission's action is directly appealable to 5 i SPP No. 12-000138 Page No. 002428 Circuit Court, the applicant and the Planning Director will be designated parties to the action. Any other person seeking to intervene as a party shall file a written request on a form approved by the Planning Director and accompanied by a filing fee of two hundred dollars no later than seven calendar days, prior to the Commission's first meeting on the matter. If the applicant files a request with the Commission for the deferral or continuance of the hearing prior to the commencement of the hearing, the next regularly scheduled meeting of the Commission will then be considered the subsequent rescheduled hearing date. if the request for intervention is withdrawn in writing before the commencement of the hearing, the filing fee shall be refunded to the person seeking standing to intervene. (b) Upon receipt of a written request to intervene, the Commission, at the first meeting on the matter, shall hold a hearing on the written request. The Applicant shall be admitted as a party if it can demonstrate that: I) His or her interest is clearly distinguishable from that of the general public,, or 3) That they have some property interest in the land or lawfully reside on the land; or 4) That even though they do not have an interest different than the public generally, that the proposed action will cause them actual or threatened injury in fact, or The Commission will grant or deny such written request prior to any further action on the matter. ( c) Appeal from Denial. Any Applicant who has been denied standing as a party may appeal such denial to the Circuit Court pursuant to Section 91-14, Hawai'i Revised Statutes. (d) After establishing the parties to the proceeding, the Commission may either proceed with the hearing, or continue the matter to a more appropriate time and date. (Emphasis added) 1 Noticg of a ortunit to intervene. b SPP No. 12-000138 Page No. 002429 In the present case, Mr. Yoshioka has failed to comply with any of the procedural requirements that would allow him to intervene. Mr. Yoshioka received notice of the opportunity to file a petition to intervene. See, Exhibit "2,"at 04, 06, and 08. Mr. Yoshioka intentionally chose not to respond to the notices providing hire the opportunity to intervene and instead decided to act as "shadow" legal counsel for Mr. Gomes. See. Exhibit -2", at 04 and 08. (2 Fi ink; Fee. Mr, Yoshioka has not shown that he submitted the mandatory filing fee to allow him to intervene. See, Rule 4-6(a), PCRPP. (3) Mr. Yoshii ka'sPetition is Untimely., Rule 4-6(a), PCRPP, required Mr. Yoshioka to file his Petition to Intervene "no later than seven calendar days, prior to the Commission's first meeting on the matter." Rule 4-6(a), PCRPP, unambiguously requires potential intervener to file petitions to intervene at least seven (7) days before the Planning Commission's meeting on the contested case. Mr, Yoshioka and his clients acknowledged that the first meeting on the Contested Case hearing was to be held on July 30 or 31, 2013. See. Exhibit "2," at 06. Mr. Yoshioka and his clients were aware that the Contested Case hearing was to begin on October 21, 2013. See. Exhibit"2," at 0l. Mr. Yoshioka was in attendance in the hearing room until the proceedings recessed in the afternoon on October 22, 2013, despite his earlier representation that he had to leave the hearing early because of another appointment. Mr. Yoshioka was present and in attendance when the Hearing Officer set the further hearing date and time of November 12, 2013. Mr. Yoshioka and Mr. Gomes deliberately and intentionally waited until one week before the last day of the hearing in the present case, to ambush the Applicant with a request to intervene and act as legal counsel for 7 SPP No. 12-000138 Page No. 002430 his clients, including Mr. Gomes. Mr. Yoshioka's request is untimely. 4 Hearings Officer has No Jurisdiction to Hear the Petition. Rule 4-6(b), PCRPP, only allows the Planning Commission, not the Hearing Officer, to " hold a hearing on the written request." Rule 4-6(b), PCRPP, also requires the Commission to rule on the request for intervention before any action in the contested case occurs. The obvious purpose is to allow the applicant to challenge prospective intervener' qualifications to intervene in an evidentiary hearing. The Hearing Officer does not have jurisdiction or the authority to conduct such an evidentiary hearing. Mr. Yoshioka's petition to intervene should have been filed and heard by the Planning Commission before the contested case began. 5 Applicant is Unfairly Pre'udiced by the Untimely Petition. Rule 4-6( c), PCRPP, allows a prospective intervener to file a Chapter 91, HRS, agency appeal if the request for intervention is denied. Mr. Yoshioka's request is a transparent attempt to stop the present proceedings and obtain a new Hearing Officer. Given the requirements of Rule 4-6, PCRPP, and Mr. Yoshioka's wholesale refusal to comply with any of the procedural requirements for intervention, the Hearing Officer has no discretion and must deny the request for intervention. Rule 4-6( c), PCRPP, than allows Mr. Yoshioka to appeal the decision denying his application to the Third Circuit Court. The Chapter 91, HRS Agency Appeal will delay the present proceedings for another year. When combined to the Contested Case hearing procedure and potential appeal, this would mean another three(3) to four(4) years delaying the Applicant's project. The delay is intentional, deliberate and unfairly prejudices the Applicant's use. In United Slates v. Thoreen, 653 F.2d 1332 (9`h Cir. 1981), the court noted that attorneys are "officers of the court"and "must `preserve and promote the efficient operation of our system 8 J SPP No. 12-000138 f Page No. 002431 of justice."' (citations omitted) Id at 1339. The Court stated that: Making misrepresentations to the fact finder is inherently obstructive because it frustrates the rational search for truth, It may also delay the proceedings. Id., at 1340-1341. The gamesmanship and tactics employed by Mr. Yoshioka and his clients (Mr. Gomes, Mr. Fuke, Ms. Novak and the Nakamoto, Okamoto & Yamamoto Law Firm) are unprofessional, unethical, desperate and transparent. These tactics are indicative not only of the lack of merit of the claims brought by Mr. Yoshioka and his clients, but a fundamental lack of integrity and character. Mr. Yoshioka testified on October 22, 2013, that the law firm of Nakamoto and Okamoto was actively assisting him in all aspects of his and Mr. Gomes presentation, including but not limited to "ghost writing" Mr. Gomes' questions to the Applicant's witnesses. Mr. Yoshioka's Affidavit in support of his petition to intervene was notarized by Mr. Roy Nakamoto, a partner in the law firm of Nakamoto, Okamoto& Yamamoto. The typeface of Mr. Yoshioka's and Mr. Gomes' affidavits and the writing style are identical. It is reasonable to conclude that the Nakamoto, Okamoto law firm assisted and typed out the Affidavits for Mr. Yoshioka and Mr. Gomes. It is clear that this request for intervention is simply a stalling ploy to deny the Applicant any opportunity to legally use its property. B. Mr. Yoshioka is Prohibited from Acting as Legal Counsel. Mr. Yoshioka has been acting as de facto legal counsel for Mr. Gomes and others, including but not Mr. Fuke, Ms. Novak and others. See, Exhibit "2," at 04 and 08, attached hereto. Mr. Yoshioka's affidavit in support of his request for intervention specifically 9 SPP No. 12-000138 Page No. 002432 acknowledges that he wants to use his legal training, experience and knowledge to assist Mr. Gomes and represent the interests of himself and others in his organization. See, rvlr. Yoshioka's Affidavit, paragraphs b, 8, and 11. As a witness in the present case, subpoenaed to appear and having testified under oath, and subject to being recalled as a rebuttal witness, is legally prohibited from appearing as legal counsel in the present matter. In relevant part, Rule 3.7, Hawaii Rules of Professional Conduct (hereinafter referred to as"HRPC") states: Rule 3.7. LAWYER AS WITNESS. (a) A lawyer shall not act as advocate at a trial in which the lawyer is likely to be a necessary witness except where: (1) the testimony relates to an uncontested issue; (7) the testimony relates to the nature and value of legal services rendered in the case; or (3) disqualification of the lawyer would work substantial hardship on the client. Emphasis added. The Commentcit-v to Rule 3,7, HRPC states in relevant part: [1] Combining the roles of advocate and witness can prejudice the opposing party and can involve a conflict of interest between the lawyer and client. [2] The opposing party has proper objection where the combination of roles may prejudice that party's rights in the litigation.A witness is required to testify on the basis of personal knowledee, whille an advocate is expected to explaiZnd comment on evidencegiven bbyt� hers. It may not be clear whether a statement by an advocate-witness should be taken as proof or as an analysis of the proof. (Emphasis added) Mr. Yoshioka has been serving as a witness and advocate throughout the present proceedings. Before the Planning Commission, he was a legal advocate and submitted written briefs, made several, erroneous pronouncements of the law, which he later admitted were ghost 10 I SPP No. 12-000138 Page No. 002433 written by the Nakamoto, Okamoto & Yamamoto law firm. See, Planning Commission Record at 1317-1328 and 1904-1919. In his testimony, he referred repeatedly to case law that were most likely researched and obtained through the efforts of the Nakamoto, Okamoto & Yamamoto law firm, again serving as advocate, even while testifying as a witness for the Applicant. Finally, Mr. Yoshioka's Affidavit in support of his request for intervention specifically states that he seeks permission to use his legal experience and knowledge to represent Mr. Gomes and their shared, cause. See, Mr. Yoshioka's Affidavit at paragraphs 6, 8, and 11. The Rules of Professional Conduct prohibit Mr. Yoshioka from participating as an advocate for Mr. Gomes, Mr. Fake, Ms. Novak, and others, including himself. The Rules of Professional Conduct also prohibit the Nakarnoto, Okamoto & Yamamoto law firm from participating as "ghost" or"shadow" legal advocates in the present matter. However, their misconduct is beyond the jurisdiction of the Hearing Officer and most assuredly will be brought up in another forum. it is unfortunate and a sad statement that people who have a public perception of integrity and honesty, have acted in just the opposite manner. IV. CONCLUSION Based on the foregoing points of authority and law, the Applicant respectfully requests that the Hearing Officer deny Mr. Yoshioka's request to intervene in the present matter. The Hearing Officer should also make specific findings to include that: (f) The request to intervene by Mr. Yoshioka was made in bad faith; (2) That the request to intervene and conduct by Mr. Yoshioka and the Nakamoto, Okamoto& Yamamoto law firm has risen to the level of requiring a referral to the Office of Disciplinary Counsel for misconduct and Department of the Attorney General for the ll SPP No. 12-000138 Page No. 002434 unauthorized practice of law, (3) That the law firm of Nakamoto, Okamoto & Yamamoto,be directed to either enter an appearance on behalf of Mr. Gomes and openly, directly and honestly participate in the present proceedings or stop its "ghost" or"shadow"representation in the present case, and (4) That Mr. Yoshioka pay the Applicant its reasonable attorneys' fees and costs for having to respond to the present motion within ten (10) days after the Order Denying Petition for Standing in a Contested Case Hearing Filed on November 4, 2013, DATED: Hilo, Hawaii,November 8, 2013. Respectfully submitted, TED H. S. HON Attorney at Law Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) 12 SPP No. 12-000138 Page No. 002435 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } } DECLARATION OF TED H. S. HONG CONNECTION NEW CENTURY PUBLIC } CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT } SERVICES } } Application for Special Permit Application ) No. 12-000)33 } NON-HEARING MOTION: } DATE: November 8, 2013 TMK: (3)2-5-045:141; Kaumana, South Hilo, } Island of Hawaii ) DECLARATION OF TED ]11I. S. HONG STATE OF HAWAII } } SS. COUNTY OF HAWAII ) 1, TED H. S. HONG, declare that: 1. I am an attorney at law, duly licensed to practice before this Court, and am the attorney for the Attorney for the Applicant, COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) in the above entitled case. 2. 1 make this Declaration based on my personal knowledge and am competent to testify about the matters contained in this Declaration. 3. That attached hereto as Exhibit"1," is a true and accurate copy of a letter dated February 15, 2413, addressed to my office from the Planning Department, County of Hawaii and 1 i SPP No. 12-000138 Page No. 002436 kept in the ordinary course of business. 4. That attached hereto as Exhibit"2,"are fair and accurate copies of a series of email received by Terence Yoshioka and produced on October 22, 2013 by Mr. Yoshioka pursuant to Applicant's subpoena duces tecum. 5. That attached hereto as Exhibit-3,- is a true and accurate copy of an excerpt from the Hearing Transcript of the Windward Planning Commission, March 7, 2013, which is evidence, as Planning Commission Record, pages 2130, 2 138-2139. 6. i declare under penalty of perjury that the foregoing is true and correct. Executed in Hilo, Hawai'i, on November 8, 2013. l ED H. , HONG 4 SPP No. 12-000138 Page No. 002438 William P Kenoi B?Leithead Todd A�aror + bircclar ' ?Margaret K.Masuoaga West Hawai'i Ofca Fasi Hawai'i0ffiae 74-5044 AndKeohaltaloie Hwy �1 i 101 Pauahi 5lieel,Suite 3 Knihia-Kon&Hawail 96740 County Of Hawai�i Hilo,HayW'i96720 P1wnc(SM)3234770 Mom(908)9614288 Fax(808)327-3563 PLANNING DEPARTMENT Fox(808)961-8742 February 15, 2013 Monica Monis,Esq. Ted H. S, Hoag,Fsq. Office of the Attorney General P.O.Box 4217 425 Queen Street Hilo,HI 96720 Honolulu,HI 96813 Dear Ms.Morris and Mr. Hong. Special Permit Application(SPP 12-000138) Applicant. Connections New Century Puhlic Charter School and Community Based Education Support Services Request: To Develop a K to 12 Charter School Campus with Dorm Facilities, Intergenerational Programs, a Sustainable Agriculture Program and a Forestry/Conservation Program Tax MaV Key: 2-5-00¢:1,41 The coati.aued hearing an the above special permit, among others, is scheduled for 9:30 a.m. on Thursday,March 7,2013,in the County of Hawaii Aupuni Center Conference Room, 101 Pauahi Street, Hi io,Hawai`i_ Your presence or the presence of an authorized representative will be appreciated in order that all questions relative to the request may be clarified. A copy of the public notice is attached for your information. The Planning Department will be notifying surrounding property owners of the continued hearing that will also provide an opportunity to intervene as a panty to a contested case hearing before the Planning Commission in accordance with Planning Commission Rule No.4 regarding Contested Case Procedure. Should you have any questions regarding the above,please do not hesitate to contact Jeff Darrow of this department at 961-8288,ext. 8158. Sincerely, J LE BAD TODD Planning Director Att. cc: Connections New Century Nblic Charter School&CBESS Amy Self, Esq. FEB 15 2013 iLBnmUdcrg.coin Hawaii County is an Equal QRWrt wyP,oviderm+d Employer nlaunaign ru 111wiIi. i IIS 2066 0 VV y PYWIRIT 1 AP 0' I ti SPP No. 12-000138 Page No. 002440 "Sid Fuke' -sldruke@havlaliaritel.,iet> FW: Connections Contested Case Date, October 2'. 2013 6:47:03 AM HST Tri• "Terence Yoshioka" <tyoshiokal5@hawaii.rr.com> Hope this works. Thanks! From: Sid Fuke niai to iidtuker hpwaii?rte!_r [] Sent: Tuesday, October 01, 2013 1;33 PM To: Terence Yoshioka (tkYoshioka(d)hawaiiantel.n�t) Q. 'jeff gomes, Subject: Connections Contested Case Hi, Terence: Sorry we have been playing telephone tags. Basically, I wanted to check on your availability to sit in and assist Jeff with the upcoming contested case hearing. It is scheduled to begin on Monday and Tuesday, October 21 22, 1 cannot, as I will be in Japan and returning on the 23Td Please let me know and if so, I can fill you in on some of the matters. Thanks! Sid I SPP No. 12-000138 Page No. 002441 } Sid Fuke <sICTuke@ha}:�.aliantel.net> FW: Connections New Century PCS. SPP-12-000138 [Ja October 4, 2013 7:55:50 AM HST To "Terence Yoshioka" <tyoshioka5@hawaii.rr.com> 2 Attachments, 141 KB FYI. From; Kualii, Jennifer [niailto:JKUALi1 a)co.hawaii.ni.us] Sent; Thursday, October 03, 2013 1.42 PM To: saadrasongObhawaiiantel.net; Carter.K.SiuChawaii,aov; ted,,Zbtedhong law.com; daraiZxo.hawaii.hi.us; Darrow, Jeff; kalarli ;nFesti h�::aiiantel.net; ipfukelh waiian'el.net CC: Self, Amy; sueatedhon�claw.crm; k„anaayfd--co.hawaii.nl.us Subject: Connections New Century PCS; SPP-12-000138 Good Afternoon All- Please find attached the County of Hawai'i Planning Department's List of Witness and List of Exhibits for the above matter Should you have any questions, please contact our office, Thank you Jennifer Tennifar M �ISalil 1..ea,,J !A T and Noralynne K. Pingo Deputies Corporation Counsel .jtrice c ne Corcorat:or Co_r5e 333 Kilauea Avenue 2rd Floor Hilo, HI 9p67p20 0o� T_S �1_ /8081 761-825711 Gf I'vU, t � Fax Na. ',v�v) c"61-8622 FL�F ! SPP No. 12-000138 Page No. 002442 Sib Fuke' net> FW: Connections - Presentation Outline Date, October 2, 2013 6:48:29 AM HST To: "Terence Yoshioka" 4tyoshioka5@hawaii.rr comms 1 Attachment, 32.1 KB FYI, From: Sid Fuke fmailtg:sidfukeid)hawaiiantel.net] Sent: Monday, September 02, 2013 12:43 PIN To: ']eff Gornes' Subject: FW: Connections - Presentation Outline Trying again—this is in word format. Let me know From: Sid Fuke [=railto:sidfuke=.`�a Jaiiartei.i:r"g Sent: Monday, September 02, 2013 10:03 AM To: 'Jeff Gomes' Cc: 'Layne Novak' Subject: Connections - Presentation Outline Jeff: Attached is a pretty detaa!ed outhrie (STRATEGY) of the approach and points you may want to cover. This is a "cheat" sheet, so you need to be careful NOT to get this in the hands of the applicant. Your witness list and the exhibits have to be geared towards supporting these points_ We can talk about this later Take care! Sid i SPP No. 12-000138 Page No. 002443 it �[iv�ik <noconnectionseler grnaa= Last Night's Meeting Date: October 16 2013 10:03.44 AM HST To- Layne Novak <NoConnectionsEver@gmail.com> tyoshioka5@hawaii,rr.com Hi everyone, We had a good turn out last night. Here are some of the highlights. 1 . We would like people to provide a 2-minute testimony on NEW evidence regarding traffic, water, sewage, impact on neighborhood, etc. It's not likely that Judge Song will allow one person to accumulate minutes from others the way we had done in the past at the Windward Planning Commission (WPC) meetings. 2. There were 13 people, myself included, that are on Ted Hong's witness list. All, except for myself, were served with subpoenas. These people will not be allowed to watch the entire proceedings so if anyone wants to take notes for the rest of us, please let me know. 3. Terrance Yoshioka will assist Jeff with his questions. 4. Some people want to have a mock hearing so that they have a better understanding of the proceedings so I will let you know when that will be held. SPP No. 12-000138 Page No. 002444 Let me know if you'd like to add anything else. Aloha, Layne i SPP No. 12-000138 Page No. 002445 t Layne Novak Contested Case Hearing 'ate: July 25, 2013 3,17 A9 PM HST To Layne Novak <NoConnectionsEver@gmail_com> ? _ - tkyoshioka@hawaiiantel.net Hi everyone, The pre-hearing conference will be either on 7130 at 9:30 a.m. or 7131 at 1 :30 p.m. Let me know if you are willing to testify again at this hearing. 1 need to know ASAP and forward this information to Jeff so he can provide Planning with the approximate number of people. Thanks, Layne i SPP No. 12-000138 Page No. 002446 Sid Fuke' <s&. k FW; Connections New Century PCS; SPP-t 2-000138 mate: October 4, 2013 7:55 50 AM HST To: "Terence Yoshioka" <tyoshioka5@hawaii rr.eom> 2 Attachments, 141 KB FYI, From: Kualii, Jennifer [riiaii ; KUALA ac .h wau.ni.us Sent: Thursday, October 03, 2013 1:42 PM To: sandr=na211 waiiantel.n t; Carter. .Siu'�_hawaii„gov; t °� h n l va. m; ria w i0i. ; Darrow, Jeff; Iia!aniaomesZha%vaiianie1.net; S+d Fu ice�yati�;aiian;el.n [ Cc: Self, Amy; Subject: Connections New Century PCS; SPP-12-0001.38 Good Afternoon All: Please find attached the County of Hawaii Planning Department's List of Witness and List of Exhibits for the above matter. Should you have any questions, please contact our office. Thank you, Jennifer Ter-,n!fer M Ku{al ! Lego! TPchririnr te, , and Noralynne K_ Pmao Deputes Corporation Coursel Off lCe OT T'le Corror-ntior C'Curse- 333 Kilauea Avenue, 2nd Floor Hlo, HI 016720 L o TG1. 4V:J. `BVB 9b i'BH 1 Fax 11c. (toB) 961-8622 I SPP No, 12-000138 Page No. 002447 l ❑rli v,,,aiJ J e > _, .. .a��Jr,.. ha����,c,ni: i n t RE: Subpoenas Date. October 12, 2013 8:06:52 PM HST To: "'Layne Novak"` <noconnectionsever@gmail.com> . "Terence Yoshioka" <tyoshioka5@hawaii.rr.com>, "'jeff gomes"' <kalanigomes@ hawaiiantel.net> H:;, Layne I don't know when you will be receiving this, as I am having some problems with internet seFvice here in Japan...especially at the place we stayed the past two nights. Regarding your questions: a. I wouldn't worry about Ted's subpoenas. If he asks questions of their testimony and the testifier has not had a chance to review it, the testifier can ask to see it first to refresh his/her memory. As they are not being called a; "experts" in a field, they can just express their opinions. i would not be surprised, however, if Ted asks questions about the community meeting — maybe to find out what they recall my statements etc. He might be trying to paint me --as Thatcher told me at the community meting I field re: the regency project - as the 'r-ngleader" and that it :vas unprofessional of me to do so At the same time, by having many - including Terence -- on by witness list, he may ask the hearings officer to have exclf�ded f"arrI the hearirg tha` ma/cripl n- t-,? Support For Jeff. tf so l hope th-�hearings offirer see5 through that �= 4 have already a---,ked Terence to assist Jeff, and mnk he is preoared to do so. Terence has a new email addre� and I am copying him on this enia l Take care' Sid From: Layne Novak Sent: Friday, October 11, 2013 12:17 PM To: Sidney Fuke Subject: Subpoenas Hi Sidney. June 5akamoto and in and Jan Yokota Loi their ,ubpoena-, }testesday They are getting arLmous about this and asked it you can gi%e them any information regarding «hat to expect They are worried about what Fed will ask of therm :Alen and I ha',e not reczr�ed our subpoenas Net but since thr� recei\ed theirs. I guess «e'll be ,.,letting offs short] I will not he. testiNing. I hope- as I will be leaving for th[ mainland on Mondm. 10 21- albeit in the e�ening By the wav, m� emaik to I errance ha%e been hourictng i ould �oii ask Terrance if he could help Jeff%pith his line of questioning' As far as i knew, Jeff has not sent out hip subpoenas to Judge Song yet So IT be pinging again tadag about ketting this done 4 SPP No. 12-000138 Page No. 002448 rvi 1{1'11T-► nn SPP No. 1`2-000138 Page No. 002449 `= S I d Fuke' iu B Driar"l;-:i l a n t e i nei> RE: Subpoenas ID ate. October 12, 2013 8:06:52 PM HST To: "'Layne Novak''' <noconnectionsever@gmail.com> T_ . "Terence Yoshioka" <tyoshioka5@ hawaH.rr.com>, "'jell gomes"' <kal anigomes @ h awai i ante I.nets Hi. Layne: I don't know when you will be receiving this, as I am having some problems with internet service here in Japan.. especially at the place we stayed the past two nights. Regarding your questions: a I wouldn't worry about Ted's subpoenas. If he asks questions of their testimony and the testifier has not had a chance to review it, the testifier can ask to see it first to refresh his/her memory. As they are not being called as "experts" in a field, they can just express their opinions. I would not be surprised, however, if Ted asks questions about the community meeting —maybe to find out what they recall my statements, etc. He might be trying to paint me—as Thatcher told me at the community meeting I held re: the regency project—as the "ringleader" and that it was unprofessional of me to do so. At the same time, by having many -including Terence—on his witness list, he may ask the hearings officer to have them excir,ded from the Fearing, that vvay cripp!inQ the support for Jeff it so � hope the hearir;,s officer sees throt:oh that. In. I have already asked Terence to assist Jeff, and I think he is prepared to do so. Tere�ice has a new email address and am copying hiin on th,s email Take care Sid From: Layne Novak Sent: Friday, October 11, 2013 12:17 PM To: Sidney Fuke Subject; Subpoenas 1-11 5idneti, June Sakamoto and Melkcn and Jan Yol ota got their subpoenas yesterday Thea are getting anmous about this and asked if tiou can wive them any information regarding what to eykpeet They are kvornzd about what Ted will ask of them ,-Alen and I hake not rcceiked our subpoenas }et but since they received theirs, ! guess eye Il he getting ouro shortiv evilI not be (esti fyutg, [ hope, a; I %vi11 be leaking for the mainland on Monday, 10 ?1 albeit In the ekenfng By the way_ my ematls tee Te fance have been bounci rig Gould tiou ask Terrance It he Could he 1P Jeff with his line of questiontng' As far as l know, Jeff ha, not sent out his subpoenas to Judge Song y et so I'II be pinging again today about getting this done SPP No. 12-000138 Page No. 002450 I 4 SPP No. 12-000138 Page No, 002452 [ lf��..0 f 1-_ , - 11A1� i 0"AViN i d r )I FNT OF HAVE , a[ 1 HEARING TRANSCRIPT MARCH 7, 2013 A regularly advertised hearing on the application of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL)CBESS (SPP 12-138) was called to order at 9,5 1 a 1n. in the County of Hawai's, Aupuni Center Conference Room, 101 Pauahi Street, Hilo, Hawaii, with Chairman Dean Au presiding. COMMISSIONERS PRESENT: Dean Au, Ronald Gonzales, Wallace lshibashi, and Raylenc Moses STAFF PRESENT- Ivan Torigoe (Deputy Corporation Counsel), B. J. Leithead Todd (Planning Director), Daryn Arai (Planning Program Manager), Phyllis Fuiii-noto (Staff Planner), Ma:ja Cottle (Staff Planner), Jeff Darrow (Staff Planner}, and Sharon Namara(Secretary) And apprumniately 35 people From the public in attendance ABSENT AND EXCUSED, Stephen On,-ti APPLICANT, CONNEC1 IONS NEN%- ;` -NTUR� PUBL_C CHARTER SCHOOL CBESS (SPP 12-138) Continued heanng on an application for a Special Permit to develop a K to 12 charter school campus with down facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District_ The property is located on both the southwest and northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo,Hawaii,TMK: 2-5-006:141. AU: Okay, applicant number three CONNECTIONS NhW CENTURY PUBLIC CHARTER SCHOOL/CBESS, Special Permit No. 12-138. We are going to do something different here. Before you guys get seated,we are going to go, I'd like to entertain a motion,oh, Commissioner Gonzales is not here yet. i thought he was here. There is Commissioner Gonzales. I'm sorry, i thought you were here. GONZALES Sorry I was outside. AU, WThat I'd like to d : is I'd like to entertain a motion for an executive session prior to getting started,just to get our Commissioners up Eo speed, Certain things have transpired since the last meeting; and, maybe, Corporation Counsel can explain. TOR[GOE: Yes. 5o, Ivlr Chairman, the purpose of this executive session would be to consui► with me and to get legal counsel regarding this application. Is that correct? AU: Yes, that's correct. So ready to entertain a motion? 1 r-YWIPIT 'Z )i 1n SPP No. 12-000138 Page No. 002453 y�' Flea-,e o,l ? S'. a!6 C: `.c'Ll C`.sl I bLFC'C °r L LEITHEAD TODD, Bobbie Leithead Todd,Planning Director l reside in Hilo. SELF: Deputy Corporation Counsel Amy Self I represent the Planning Director and the Planning Department 1 reside in Hilo. AU: Okay, has our Pianning Director's position changed on t us application? LEITHPAD TODD No, it has not. AU: Okay. Do you guys have any comments on what the applicant is saying or any procedures as we move forward? SELF: The way the Planing Director is viewing the process is that if it's going to go to contested case hearing then, of course, notice has to go out to the neighbors withili the -. --•--d __-._ c�ti:,c ; don't believe that has been addressed_ 1 don't think they've been given an opp, .ri,iity t; Intervene TORIGOE, Mr, Cha::-n.an'7 AU- Go ahead, Ivan. TORIGOE-. Yeah, staff indicates that Planning Department did notify everyone who was on the original list of people within the necessary permit, radius distance from the property, as well as additional people Everyone was given, you know, notice of today's meeting that included the opportunity For intervention. And this was mailed February 15, 2013, SELF: But the decision for a contested case hasn't even been made yet. So we don't, how were they notified since the decision hasn't even been made as to whether or not -? Is today the contested case hearing or -? TORIGOE: Well, 1 understand that the notice,they basically informed people that they had the right to file for a contested case and included the usual form. Maybe staff can confirm that SELF Well, you know, they would be intervenors, yes, okay They would be AU: Mr, Arai? k Ai Because of thetrincer is. regarding procedural concems that were raised, as part of our normal notification to surrounding property owners regarding the upcoming, today's meeting, we included ir. that notice ar7 opportunity for everyone, for the public to file For intervention in a contested case proceeding AIong with that notice was the actual petition that was included in the meeting notice. So as part of advertising today's meeting, we did include the opportunity for inten'ention; and tha, letter was mailed out or the Planning Department on February 15'h a rv„injT ^► � �� SPP No. 12-000138 Page No. 002454 ARAI. Pursuant to Rule 4, seven days prior to today's meeting. SELF. Okay Then the.Planning Director will not take a position on what's before you at this point. AU: Okay Any questions for the Planning Director and Ms Self? Okay, thank you, guys. We have 18 testifiers And just for the record I'm going to say their names and they're going to give it all to Sidney. So Allen Novak, Layne Novak, David Camacho, Jan Yokota, lune Sakamotc, Les 5akamoto, Glenn Tada, Ming Peng, Aileen Fuke, Jeff Gomes, Sidney Fuke, Jeff Gomes, Loriin Araujo,Margaret Araujo,Fay Sakata, Wayne Kanemoto, ]an Yokoyama,Norine Okuhara, and Bishop. And so,Mr. Sidney Fuke,please come forward. And I need to swear you in before you get stained. Do you swear and affirm to tell the trtith in front of the Windward Planning Cormussion today? FUK.E: i do .Il Okay, thank you Neaae state your itatrie and where -,-=a reside, and get started. FUKE. Moniing. Mr Chairman. ivly naxe is Sidney Fuke, and I'm, here kind of like reflecting a list ofthe c-nintunity's feelings at this point in time i wouldn't necessarily say it's unanimous but it seerrs to be like a t;onsensus of tciiair position at mis point in time. What wc'd like to share through a power point is not so much talking about the legalese aspect, you know, of what you've just heard over the last 10 or 15 minutes, you know, regarding contested case hearing, so on and so forth,but more just to give, share with the Commission from a lay's perspective or from the community's perspective where we are today and where we would hope that the Commission could take this application. Essentially what the community is saying is that"We've had enough." We've had like, and what our specific request is, is we're really asking for the Commission to vote on the pending motion to deny,which is what you have before you now, instead of going through a contested case hearing. If you understand like,you know,very, in a very elementary way,what is the purpose of the contested case hearing? It's basically to provide the decision-makers, in this case here the Commissioners, you know, with the most complete and relevant information needed so that you can make a decision. And it's also designed to give the parties, the applicant and the others,the opportunity to provide you with that relevant information. The Commission's rules itself provide ar. abtllty for the parties to wtaive or modify the contested case hearing process. And the question is Like why-" You know, it's like basically saying you can modify it, you can ware:. as long as; you ;now. you basically kecp -. The essence or the spirit of the contested case can still be achievetl through a less intinriidating process Now the process is like first you've got to have the prehearing where the partics are all identified. wh,,ch is what you're trying to, what is being requested today, and the scope f the 10 CVLJIDIT 7 2139 i SPP No. 12-000138 Page No. 002455 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) CERTIFICATE OF SERVICE SERVICES ) Application for Special Permit Application } No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii } CERTIFICATE OF SERVICE I HEREBY CERTIFY that on November 8, 2013, 1 caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail: SANDRA P. SONG, ESQ. (sandrasong(24hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 CARTER K. SIU, ESQ. (Carter.K.Siu hawaii. ov) Deputy Attorney General Attorney for Applicant Connections New Century Public Charter School 235 S. Beretania Street, Room 304 Honolulu, Hawaii 96813 Amy Self, Esq. (aself�a7co.hawaii.hi.us) Deputy Corporation Counsel Attorney for the County of Hawaii Planning Director 333 Kilauea Avenue Hilo, Hawaii 96720 Mr. Jeff Gomes (kalanigomes@hawaiiantel.net) Intervenor 28I Edita Street Hilo, Hawaii 96720 1 SPP No. 12-000138 Page No. 002456 Daryii Arai (darai@co.hawaii.hi.us) Jeff Darrow (idarrow(-co.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Alan M. Okamoto, Esq. (Alan@noyhawaii.com) 187 Kapiolani Street Hilo, HI 96720 Attorneys for intervenor and Terence Yoshioka, Esq. DATED: Hilo, Hawaii, November 8, 2013. ED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) 7 I SPP No. 12-000138 Page No. 002457 .,, i SPP No. 12-000138 William P.KenoiPage&%PRa Mayor �ti���,•. Director Bobby Command Deputy DWdor West Hawaii Office East kiasvai•i Deice 74-5044 Ane Keahokalole Hwy101 Paushi Stmt,Suite 3 itailua-Kana,HrAW-i%740 County of Hawa•�'i Hilo,Hawaii 96720 Moo(808)323-477D Phone(808)961-8288 Fax(808)327-3563 PLANNNG DEPARTMENT Fax(808)9614742 November 25, 2013 Mr.Terence Yoshioka 1572 Mele Manu Street Hilo,HI 96720 Dear Mr. Yoshioka.: Special Permit Application No, 12-000138 (SPP 12-000138) Applicant: Connections New Century Public Charter School and Community Based Education Support Services (CHESS) Request: To Develop a K to 12 Charter School Campus with Dorm Facilities,Intergenerational Programs, a Sustainable Agriculture Program and a Forestry/Conservation Program Subject: Acknowledge Receipt of Petition for Standing in a Contested Case Hearing TMK: 2-5-006:141 This is to acknowledge receipt of the Petition for Standing in a Contesl:ed Case Hearing by Mr.Terence Yoshioka received on November 4,2013. On November 12,2013, Hearings Officer Sandra Song ruled that your request for intervention was untimely based on Planning Commission Rule 4.6(a), which states that the written request needs to be filed "no later than seven calendar days,prior to the Commission's first meeting on the matter". The filing fee will be refunded to you under a separate cover. If you have any questions,please feel free to contact Jeff Darrow at 961-8158. Sincerely, `.,-._'DUANE K ANUHA Planning Director JWD:smn PAWPWN60VEFFlistteas Contested CaselLYoshieke-SPP-12-138-AckPetContestCose.doc Enclosure—Receipt cc wlpetition:JSandra Song, Esq, Hearings Officer Margaret Matsunaga,Esq.,Deputy Corporation Counsel Amy Self, Esq., Deputy Corporation Counsel Ted H. S. Hong,Esq Carter K. Siu, Esq, Deputy Attorney General Marty Shimizu, Accountant wwww.eahnlanninrdmLcatt Hawat'i County is an Equal Opparnmlty Provider acid Employrr • SPP No. 12-000138 Page No. gr'002�p459 ENT PETITION FOR STANDING IN A CONTESTED CASE HEAR>tN i 1 (Page! of 2) ADDRESS: 15?2. Me L- . Man" 9+. 141 to , +iiukro�tt 4 472b PHONE NO.: MOS dff APPLICANT/CAAheit'ti�•t3 ftwy _ _ -Ce, ~ CLB gS) DOCKET NO.:�SpP— 12 - 060131k A, Is'your interest in this matter clearly distinguishable from that of the general public? Yes_X No If theanswer is "yes", please explain: a- `oiow'-t's of er nc� `�a�fr,�'o And G If the answer is "no", please explain how the proposed action will nevertheless cause you actual or threatened injury: B. Are you a government agency whose jurisdiction includes the land involved in the subject request? Yes No If the answer is"yes", please explain the nature of the agency's jurisdiction: C. Do you lawfully reside on or have some property interest in the land involved in the subject request? Yes No If the answer is "yes please explain: Appeluk A SCANNED i SPP No. 12-000138 ,�. Page No. 002460 - .,a 3. `T TERENCE YOSIUOKA 1572 Mele Manu Street n s Hilo,Hawaii 96720 `�`- ' 51 PLANNING DEPARTMENT COUNTY OF HAWAII STATE OF HAWAII In the Matter of the Applicant of ) Docket No. } CONNECTIONS NEW CENTURY ) AFFIDAVIT OF TERENCE PUBLIC CHARTER SCHOOL } YOSHIOKA COMMUNITY BASED EDUCATION } SUPPORT SERVICES (CBESS) } FRIENDS OF CONNECTIONS } ) AFFIDAVIT OF TERENCE YOSHIOKA STATE OF HAWAII ) ) SS: COUNTY OF HAWAII } In support of Petition for Standing in a Contested Case Hearing, comes now, TERENCE YOSHIOKA,being first duly sworn on oath, and in support of the Motion to Intervene, does hereby allege as follows: 1. That I am an adult and a resident at 1572 Mele Manu Street, Hilo,Hawaii 96720; 2. That my residence is situated in the Pacific Plantations Subdivision; 3. That the school which Petitioner CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) FRIENDS OF CONNECTIONS is seeking to construct through 1 088377 SPP No. 12-000138 Page No. 002461 this Special Permit process is located on land which is situated in part within or adjacent to the Pacific Plantation Subdivision; 4. That I must pass the school property every time I leave and return to my home and thereby subject myself to the motor vehicle and pedestrian traffic that will be generated by the construction and activities of the school; 5. That my interest in the Special Permit is clearly distinguishable from that of the gencral public; 6. That I am an attorney and former Family Court Judge who has some experience with land use and zoning matters; 7, That I am precluded from representing anyone due to the inactive status of my license as an attorney; 8. That I am also precluded from offering legal advice or performing any legal services for others; 9. That the foregoing restrictions prevent me from giving any meaningful assistance to Jeff Gomes, who is the only party to this proceeding who is opposing the Special Permit; 10. That unless I am allowed to intervene I believe that Mr. Gomes will be at a serious disadvantage in representing himself and all others who are in opposition to the Special Permit. 11. That if I am allowed to intervene, I believe that my knowledge and experience will lessen the disadvantage to fir. Gomes and others who are opposed and not participating as parties; 2 I SPP No. 12-000138 Page No, 002462 12. That if allowed to intervene,Mr. Gomes has agreed to restrict his participation in further proceedings, to the extent described by the Hearings Officer, as stated in his Affidavit appended hereto; 13. That I believe my participation in their proceeding will not lengthen the time needed to complete the contested case hearing but may actually decrease the time due to my legal training and background; 14. That my participation will level the playing field somewhat and serve to further the ends of justice; and 15. That I do not intend to offer any additional witnesses and will restrict any participation to the cross-exatnination of other parties' witnesses. Other than this limitation, I intend to fully participate as a party in all other aspect of this proceeding. And further affiant sayeth not. TERENCE YO OKA Subscribed and sworn to before me this j/ 3 day of G// ,201 . Nat Public,State of Hawaii My commission expires: 4Q ! Doc. Date: or Undated at time of notarization # Pages: 3 Name of Notary- Third Circuit Document Description: Affidavit of Terence Yoshioka 1610 a ry Signature Date NOTARY CERTIFICATION (Sea]or Stamp) 3 I SPP No. 12-000938 Page No. 002463 JEFF GOMES a 281 Edita Street Hilo,Hawaii 96720 PLANNING DEPARTMENT COUNTY OF HAWAII STATE OF HAWAII In the Matter of the Applicant of ) Docket No. CONNECTIONS NEW CENTURY ) AFFIDAVIT OF JEFF GOMES PUBLIC CHARTER SCHOOL ) COMMUNITY BASED EDUCATION ) SUPPORT SERVICES (CBESS) ) FRIENDS OF CONNECTIONS j AFFIDAVIT OF JEFF GOMES STATE OF HAWAII ) ) SS: COUNTY OF HAWAII ) In support of Petition for Standing in a Contested Case Hearing, comes now, JEFF DOMES, being first duly sworn on oath, and in support of the Motion to Intervene, does hereby allege as follows: 1. That I am an adult and a resident at 281 Edita Street,Hilo, Hawaii 96720; 2. That my residence is situated in the Pacific Plantations Subdivision; 3. That I am a party to the Special Permit Application of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL COMMUNITY BASED EDUCATION SUPPORT SERVICES (CHESS) FRIENDS OF CONNECTIONS; 4. That I became a party to oppose the Special Permit as the community in which I live has no community association to voice its objection to the Special Permit; 1 08 $ 37(p 4 3 SPP No. 12-000138 1 Page No. 002464 5. That I do not have sufficient knowledge or experience to adequately represent myself or others who are opposed to the Special Permit in these proceedings; 6. That the intervention by Terence Yoshioka in these proceedings would be welcomed by me as Mr. Yoshioka is more knowledgeable and experienced on land use and zoning matters as well as contested case proceedings, and is more capable of presenting the objections and arguments against the Special Permits; 7. That if Mr. Yoshioka is allowed to intervene, I am willing to accept whatever reasonable terms, conditions and restrictions which the Hearing Officer may impose upon me for the balance of the proceedings; and 8. That I believe Mr. Yoshioka's participation will enhance the probability of producing all relevant and material evidence needed for deciding whether the Special Permit should be approved or denied. And further affiant sayeth not. JUM GOME Subscribed and sworn to before me this k day of NOY@i`40' ,2013. Nctary Public,State of Hawaii My commission expires: 7i 16 1 I Doe. Date: or Undated at time of notarization #Pages: 2 Name of Notary: w -,,p;, .� Third Circuit Document Description: Affidavit of Jeff Gomes /3 Notary Signature Date NOTARY CERTIFICATION �Seai or Stnmp)4- ° 2 4 SPP No. 12-000138 Page No. 002465 i x SPP No. 12-0001383 5 Page No. 002466 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) RETURN OF SERVICE; CHARTER SCHOOL AND COMMUNITY ) ACKNOWLEDGMENT OF SERVICE BASED EDUCATION SUPPORT ) SERVICES ) [WITNESS; LAYNE NOVAK] } Application for Special Permit Application ) No. 12-000138 ) } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE The undersigned hereby declares under penalty of perjury and says that he/she served the attached Subpoenas and Subpoena duces tecum by hand delivering a copy to a heat [address] ��f t� �- 'L Ail 0 5 r— and tendering to that person the fee for one day's attendance and the mileage allowed by law. I 4 SPP No. 12-000138 Page No. 002487 I declare under penalty of the Jaw of the State of Hawai'i that the foregoing is true and correct. �. . II DATED: l7� to , HAWAII, �4aA44 V Civil Deputy/Pro ss S ver Printed Name ACKNOWLEDGEMENT OF SERVICE: The undersigned acknowledged receipt by personal service of the attached Subpoena. Signature 1A,j Av✓ o bo �� 1Va rtK N 0�sc� Printed Name i 2-2-4-13f-r;L! M Date and Time Acknowledgement of Hearings Officer Sandra Song F SPP No. 12-000138 Page No. 002468 SPP No. 12-000138 Page No. 002469 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted(@tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) SUBPOENA DUCES TECUM CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) [WITNESS: CUSTODIAN OF RECORDS, Application for Special Permit Application ) County of Hawaii,Planning Department] No. 12-000138 ) TMK: (3)2-5-006:141; Kaurrmana, South Hilo, ) Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: Any Officer authorized by law to serve subpoenas in the State of Hawaii, YOU ARE COMMANDED to subpoena the individual named below: CUSTODIAN OF RECORDS,County of Hawaii, Planning Department Address: 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720 Phone: (808)961-8201 i SPP No, 12-000138 Page No. 002470 WITNESS, YOU ARE COMMANDED to appear before a Notary Public from Island Court Reporting &Transcription Services at a County of Hawaii Windward Planning Commission Contested Case Hearing (County of Hawaii, 101 Pauahi Street, Aupuni Center Conference Room, Hilo, Hawaii 96720), who is duly authorized to administer oaths, on Wednesday, January 8, 2014; commencing at 11:45 AM, to testify as a witness on the part of the Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) at the taking of an oral deposition in the above-entitled matter. YOU ARE FURTHER ORDERED to bring with you the originals -4-eepfiJ��c�tal <&3-seks of the following: 1. Any and all records for the following property identified with tax map key number (3) 1-6-003:012; Use Permit No. 181 and/or Special Permit No. 1052, including mapping information that provides the current State Land Use and the County of Hawaii Zoning WITNESS, you are hereby commanded to appear at the time and place indicated to testify; you are to bring all of the above described records with you,.A DATED: Hilo, Hawaii, SANDRA P. SONG Hearings Officer 4 SPP No. 12-000138 Page No. 002471 NOTICE TO A PERSON OR ENTITY SERVED WITH A SUBPOENA DUCES TECUM WHO IS NOT A PARTY TO THIS CASE The Subpoena attached hereto should specifically set forth the materials sought to be subpoenaed. Any person and/or entity or their attorney objecting to the Subpoena or to disclosure of any materials subpoenaed shall appear on the date and at the time and place for return indicated on the Subpoena and State their objections. Failure to object on the return date may be considered a waiver of any objections. The person or entity subpoenaed or their counsel may submit a written statement of objections to the Hearings Officer listed above. If a person or entity objects to disclosure of only part of the material, the pages or sections of material considered confidential and/or nondisclosable shall be tabbed or marked for the Hearings Officer. Matters presented at the return may be continued from time to time without further notice except as announced at the time of return. SPP No. 12-000138 Page No. 002472 '397 i SPP No. �i-000138 Page No. 002473 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 ted@tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000I38 CONNECTION NEW CENTURY PUBLIC j SUBPOENA(NOTICE TO APPEAR) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT } SERVICES } } [WITNESS: CUSTODIAN OF RECORDS, Application for Special Permit Application ) County of Hawaii,Planning Department] No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) SUBPOENA THE STATE OF HAWAII: TO: Any Officer authorized by law to serve subpoenas in the State of Hawaii, YOU ARE COMMANDED to subpoena the individual named below: CUSTODIAN OF RECORDS, County of Hawaii, Planning Department Address. 101 Pauahi Street, Suite 3, Hilo, Hawaii 96720 Phone: (808)961-8288 i SPP No. 12-000138 Page No. 002474 WITNESS, YOU ARE COMMANDED to appear at the time and place indicated below,to testify as a witness on behalf of the Applicant, above named, in the above-entitled matter. DATE: TI ERIE: Wednesday, January S, 2014 11:45 a.m. or until such time your testimony may be heard. LOCATION: County of Hawaii, 101 Pauahi Street,Aupuni Center Conference Room, Hilo, HI 96720 DISOBEDIENCE of this subpoena may be punished as contempt by this tribunal. DATED: Hilo, Hawaii, �`C-�r� SANDRA P, §ONG Hearings Officer SPP No. 12-000138 Page No. 002475 4 SPP No. 12-0001V Page No. 002476 DAVID M. LOUIE 2612 Attorney General of Hawaii CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii 235 South Beretania Street, Room 304 Honolulu, Hawaii 96813 Telephone No. 808.586.1255 Carter.K.S iu@hawaii,gov Attorney for Applicant CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 808.933.1919 tedgtedhon glaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) BEFORE THE WIDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES } APPLICANTS CONNECTION NEW } CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION Application for Special Perinit Application } SUPPORT SFRIVCES (CRESS); JOINT No. 12-000138 ) PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW, AND DECISION AND RECOMMENDATION; CERTIFICATE TMK: (3)2-5-006:141; Kaumana, South Hilo, ) OF SERVICE Island of Hawaii ) Hearings Officer: Sandra P. Song Hearing Date: October 21-22, 2013 Time: 9:00 am I SPP No. 12-000138 Page No. 002477 APPLICANT COMMUNITY BASED EDUCATION SUPPORT SERVICES' (CBESS) PROPOSED FINDINGS OF FACT CONCLUSIONS OF LAN3', AND DECISION AND RECOMMENDATION Connections Public Charter School and Community Based Education Support Services filed an Application for Special Pen-nit on July 25, 2012 to permit the development of a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres situated in the State Land Use Agricultural District on the southwest and the northeast sides of Edita Street near its intersection with Kaumana Drive and adjoining the Pacific Plantation Subdivision in Kaumana, South Hilo, Hawaii,TMK: (3) 2-5-006: 141. After due notice, this Application was scheduled for determination before the Planning Commission on November 9, 2012. After a number of continuances, a petition for Contested Case hearing was filed on March 7, 2013 by Jeffrey Gomes. After due consideration, the Planning Commission, on March 7, 2013, found that Jeffrey Gomes had standing and granted his Petition for Contested Case Hearing and further detennined that a hearings officer would be appointed. See Planning Commission Record at pg. 2155. Sandra P. Song, Esq. was appointed Hearings Officer to preside over the contested case. The Hearings Officer, having examined the record, the testimony, the evidence and the arguments presented during the hearings held on October 21-22, 2013, November 12, 2013, January S, 2014 and January 22, 2014 makes the following Findings of Fact, Conclusions of Law and decision and order. FINDINGS OF FACT 1) Connections Public Charter School (hereinafter"Connections") operates in the County of Hawaii and offers a K-12 program to approximately 360 students. See Planning Commission Record, hereinafter ("Record")at pg. 25. Connections currently operates from two SPP No. 12-040138 Page No. 002478 separate campuses and noxv desires to consolidate all of its academic programs at a single location. Id. Record at 26. 2) In coordination with the State of Hawaii Department of Land and Natural Resources (hereinafter"DLNR"), a State-owned property was identified by the school as a potential site for the new campus. Id. Record at 26. 3) Connections developed a conceptual master plan that would see the development of a new academic campus that would include an elementary, intermediate and high school facilities and common facilities to support these programs. The conceptual plan also provides facilities for a forestry/conservation program, a sustainable agricultural program and a small intergenerational program that would provide childcare and elder care at a single facility. Id. Record at 28. 4) in order to receive approval from DLNR and its Board of Land and Natural Resources (hereinafter"BLNR") Connections was required to comply with Hawaii Revised Statutes (hereinafter"HRS") Chapter 343 by preparing an environmental assessment (hereinafter "EA"). A Draft EA was completed and published in the Office of Environmental Quality Control's (hereinafter"OEQC") The Environmental Notice in August 2009. Supporting studies appended to the Draft EA included biological surveys (e.g., botanical, invertebrate, avian and mammalian), an archeological assessment survey, and a traffic impact assessment report (hereinafter"TZAR"). Id. Record at 26. 5) During the 30-day public review of the Draft EA concerns were raised about the project's potential impacts on Kaumana Cave, a segment of which underlies the Property's upper parcel. In response to these concerns and at the request of the State Historic Preservation Division ("hereinafter"SHPD") an archaeological field inspection of the accessible portion of Kaumana Cave that underlies the Property's upper parcel was conducted. With the exception of _I_ 4 SPP No. 12-000138 Page No. 002479 names carved into the cave walls, no historic elerricnts t%cre found during the inspection. Connections chose to revise the conceptual campus plan by relocated the major built facilities entirely within the Property's lower parcel and maintained a minimum 100-foot buffer on either side of the cave alignment to alleviate concerns about impacting the cave ecosystem. Id. Record at 26. 6) The Draft EA was amended to address the revised conceptual campus plan and was published in The Envirormrental Notice in August 2010 initiating a second 30-day public review period. Comments received during this 2n' public review were responded to, and DLNR determined that the project as proposed and revised would not have significant environmental effects and issued a Finding of No Significant impact. The Final EA was published in The Environmental Notice in November 2010, Id, Record at 26-27 55-306, 7) Connections requested and received approval BLNR for a long-term land lease for the Property. On May 1, 2012 DLNR published a public notice stating their intent to issue a direct lease of the Property to Connections. Id. Record at 26, 53-54 (the content of the lease can be found on pages 2161-2194 of the Planning Commission Record), 8) With the General Lease in place, Connections moved forward with obtaining all of the necessary entitlements for the Property. 9) On July 25, 2012, Connections, along with Community Based Education Support Services (hereinafter"CBESS") Friends of Connections, the charter school's supporting non- profit organization, submitted its Special Permit application to the Planning Department, Id. Record at 1-3. Special Permit Application 10) State Land Use Designation: The State Land Use Designation is Agricultural. Id. Record at 25. -4- i SPP No. 12-000138 Page No. 002480 1 I } County Zoning: The County zoning is Agriculutral-I acre (A-la). ld. Record at 25 and 777. 12) General Plan Land Use Pattern Allocation Guide ("LUPAG") Map: The property is designated as "Low Density Urban." Id. Record at 25 and 783. 13) Project Site.The property Connections found is located in Kaumana, South Hilo, on the eastern side of the island of Hawaii and is identified as Tax Map Key (3) 2-5-006: 141 (hereinafter "Property"). The Property is owned by the State of Hawaii and is approximately 70 acres in size and is situated approximately 2.5 miles above Hilo town and south of Kaumana Drive. Id. Record at 27. The Property is currently undeveloped and there are no existing uses or structures. Id. Record at 27, In addition, the Property is separated into two parcels at its narrowest point by Edita Street. The upper parcel comprises roughly 33 acres and the lower parcel 37 acres. Id. Record at 27. 14) All major school facilities are proposed to be located within the lower parcel. Id. Record at 28-29. While no major school facilities are being proposed for the upper parcel, Connections has indicated that this land area shall support a future forestry conservation program, which will focus on forest resource management and conservation, and forest ecosystem restoration. A walkway is being proposed for the upper parcel to provide access and viewing opportunities. Id. Record at 2930. 15) Surrounding Zoning/Land Uses. The surrounding lands to the south and west are similarly zoned A-Ia. Further south are properties zones A-20a and A-10a. To the north are properties zoned RS-10 and RS-15, with some properties zones A-3a further north across Kaumana Drivc. Therc is a property zoned Open that adjoin the lower parcel to the northeast. -5- 4 SPP No. 12-000138 Page No. 002481 Sun ounding uses consist mainly of single farnily restdcnces and vacant lands, with some agricultural activity occurring in the arca. Id. Record at 778. 16) Agricultural Lands of Importance to the State of Itawaii (ALISH): The Property is not classified. Id. Record at 25 and 777. 17) Land Study Bureau Soil Rating: Soils within the Property are classified as "D". Id. Record at 25 and 777. 18) Flood Insurance Rate Map: The Federal Emergency Management Agency has classified the area is which the Property is located, as Zone X. Zone C is land with no recognizable flood potential and is located outside both the 100-year and 500-year floodplain. Id. Record at 36 and 781. 19) ArchaeologicailHistorical Resources: An archaeological assessment survey of the Property was conducted in 2008 and a supplemental field inspection of Kaumana Cave was also conducted at the request of the State Historic Preservation Division (SHPD). Id. Record at 322-326. The entire project area is situated on the 1880-1881 lava flow and as a result it is surmised that any pre-existing archaeological or historic sites within the project area would have been destroyed by the flow. No archaeological sites were encountered during the filed investigation. Id. Record at 36-37, 258-282 and 322-326. The field inspection of the accessible portion of Kaumana Cave (which underlies the upper parcel; of the Property) found that no historic elements, with the exception of pecked names, were encountered. Id. Record at 37, 258- 282 and 322-326. 20) Flora/Fauna Resources: A biological assessment, which encompassed flora, vertebrate and invertebrates, was completed. The assessment concluded that there is nothing unique about the Property or its vegetation and the construction and operation of the proposed i SPP No. 12-000138 Page No. 002482 school would not adversely impact native avian or mammalian resources. Id. Record at 37-38 and 235-257. 1) Public Access: The Property is not located adjacent to or near any shoreline or mountain areas, therefore the project would not affect public access to these resources. 1d. Record at 40. 22) Value Cultural Resources: There have been no identified traditional or customary native Hawaiian rights exercised at the Property. id. Record at 39. 23) Description of Access: Access to the Property is via Edita Street, which extends off Kaumana Drive in a southeasterly direction, forming a 3-way intersection. The paved width of Edit Street fronting the Property is approximately 48 feet, which accommodates the two travel lanes(20 feet), a 20-foot shoulder on the northeast or Makai side of the road, and an 8-foot shoulder on the southwest or mauka side. The road is in good condition. Id. Record at 40 and 779-780. 24) Traffic Impacts: According to a Traffic Impact Analysis Report conducted during the environmental assessment process, the proposed use is not expected to generate large increases in traffic volumes and would not result in adverse impacts to traffic and circulation patterns in the project area. Irl. Record at 41 and 289-306. 25) Energy and Communications: Electrical services in the project area are provided by the Hawaii Electrical Light Company (HELCO) through overhead lines along Edita Street and Kaumana Drive. Communications services are also available to the Property through overhead lines along Edita Street. Id. Record at 42. 26) Water Supply: The Hawaii County Department of Water Supply (DWS) provides water to the area via an existing 8-inch waterline along Kaumana Drive and from an existing 8-inch waterline along Edita Street. The current water availability, which is subject to -7- J SPP No. 12-000138 Page No. 002483 change is limited to a maximum of seven units of water per pre-existing lot of record. Each unit of water is equal to a maxirnwn of 600 gallons per day; therefore, a maximum of 4,200 gallons per day is available for the proposed project. Id. Record at 42 and 780-781. 27) Wastewater: Currently, there is no municipal wastewater system serving the Kaumana area, and the proposed project, like the surrounding area residences, would have to provide its own wastewater system. Id. Record at 42 and 781. 28) On July 31, 2012, the Planning Department acknowledged receipt of the Special Permit application and designated same as SPP 12-000138. Ms. Leithead-Todd's letter informed Connections that it must comply with Hawaii County Zoning Code, Section 25-2-4, and serve notice of the application on surrounding property owners and lessees of record within 500 feet of the perimeter boundary of the Property as well as provide a notice on the Property itself of the Special Permit application. Id. Record at 329-331. 29) Ms. Leithead-Todd also forwarded the Special Permit application to all of the necessary public agencies for review and asked that any written comments be returned by August 28, 2012. [d. Record at 332. 30) On August 8, 2012, Connections, through its attorney, Ted H.S. Hong, acknowledged to the Planning Director that it had successfully notified surrounding property owners and lessees of record within 500 feet of the perimeter boundary of the Property of SPP 12-000138. Id. Record at 334-349. 31) On August 15, 2012, Connections, through its attorney, Ted H.S. Hong, acknowledged to the Planning Director that it had posted a sign on the Property as required by the Hawaii County Zoning Code of SPP 12-000138, Id. Record at 364-373. -8- t SPP No. 12-000138 Page No. 002484 32) Throughout the following months, the Planning Director received responses from N arious county and state agencies regarding their review of the proposed development on the Property. Id. Record at 333, 350-363, 374-388, 393, 401-404. 33) By letter dated October 12, 2012, Connections received a notice from the Planning Director that its Special Permit application would be scheduled for public hearing by the Planning Commission on November 9, 2012, The Planning Director instructed Connections to again provide notice to the surrounding property owners and lessees of the upcoming hearing. Id. Record at 412-416. 34) On October 19, 2012, Connections, through its attorney, Ted H.S. Hong, acknowledged to the Planning Director that it had successfully notified surrounding property owners and lessees of record within 500 feet of the perimeter boundary of the Property of SPP 12-000 1 3 8 of the upcoming hearing scheduled for November 9, 2012. Id. Record at 802-818. 35) The Planning Department and Planning Commission began receiving a number of comments from the public regarding the pending special permit application. Id. Record at 405- 11, 788-93, 819-26, 829-36, 841-43, 846-48, 873-880, 897-911, 1072-197, 1201-26, 1232-1544. 36) Prior to the hearing, the Planning Director transmitted her favorable recommendation of the Special Permit application to the Planning Commission and suggested that they send a favorable recommendation to the State Land Use Commission. Included in that favorable recommendation was a list of conditions of approvals (later revised) that were established to address the concerns that several public agencies had. Id. Record at 773-787 and 1224-31. 37) On November 9, 2012, the Planning Commission met to discuss SPP-12-000138. Id. Record at 1547. After several hours of testimony, the Planning Commission voted to defer the hearing of SPP-12-000138 until December 6, 2012 so that Connections could formalize water -9- 4 SPP No. 12-000138 Page No. 002485 calculations to address the Planning Commission's concerns of an adequate water supply, have a meeting with the Mr. Brilhante, the owner of the adjacent property. to diseuss access to the Puainako Street Extension. and meet with the surrounding community to address the concerns that they had expressed. id. Record at 1640 and 1674. 38) The Planning Department, by letter dated November 13, 2012, notified surrounding property owners of the December 6, 2012 meeting. Id. Record at 1647-1673. 39) On November 21, 2012, Celia Shen of Wil Chee- Planning & Environmental submitted preliminary estimates of potable water consumption on behalf of Connections, Id. Record at 1677-1684. 40) By letter dated December 5, 2012, Connections' attorney, Mr. Hong, wrote a letter to the Planning Director to inform her that the Department of the Attorney General for the State of Hawaii would be representing the charter school. Id. Record at 1708-1704. Deputy Attorney General Monica Morris was assigned to represent Connections, but would be unable to attend the December 6, 2012 Planning Commission meeting due to a scheduling conflict. 41) Also by letter dated December 5, 2012, Connections, through its administrative assistant Eric Boyd, informed surrounding property owners and lessees that it would hold another community informational meeting on the project on December 17, 2012. Id. Record at 1716-1724. 42) At the Windward Planning Commission hearing on December 6, 2012, the Planning Commission voted to continue its consideration of Connections' Special Permit application to its next meeting on January 10, 2013. Id. Record at 1853. 43) By letter dated December 10, 2012, the Planning Director informed Ms. Morris that it was responsible for notifying surrounding property owners and lessees of the January 10, -10- I SPP No. 12-000138 Page No. 002486 2013 nmc ting of the Windward Planning Commission. Id. Record at 1854. Mr. Hong's office, which was directed by Connections, complied with the request. Id. Record at 1868-1885. 44) On or about January 8, 2013, the Planning Department received a report from Connections regarding the community meeting held on December 17, 2012. Id. Record at 1886- 1891. After meeting with nearby residents, Connections offered several proposed conditions to go along with the ones provided by the Planning Director to address concerned raised by the community. Id. Record at 1890-1891. 45) The proposed conditions Connections suggested adding were. 1) providing a fifty- foot buffer around the perimeter of the lower parcel in which no occupiable structures be permitted in order to provide adjacent owners with a continued sense of open space; 2) requiring that the upper parcel shall be maintained for educational offerings and restricting the construction of occupiable structures; and 3) in order to facilitate any future roadway widening, Connections would agree to amend the Direct Lease with the State of Hawaii with the consent of DLNR and BLNR to allow for aright-of-way or road widening. Id. Record at 1890-1891. 46) At the January 10, 2013 meeting of the Windward Planning Commission, the Commission made a motion to deny the Special Permit application and directed its staff to prepare draft Findings of Fact, Conclusions of Law, and Decision and Order ("Order") for its consideration at the meeting held on March 7, 2013. 1d. Record at 2057. By letter, elated January 24, 2013, Chairman Dean Au explained to Connections (through its attorney) that once the Order is prepared it would be provided to Connections with an opportunity for the filing of exceptions and presentation of argument to the Planning Commission. Id. Record at 2057. 47) By letter dated February 19, 2013, attorney for CBESS, Mr. Hong informed the Planning Commission that some procedural errors were discovered relating to: 1) the ability for parties to request a contested case; 2) the ability to intervene at the State Land Use Commission; -i1- I SPP No. 12-000138 3 Page No. 002487 and 3) improper notification related to a contested case process at the Planning Conlillission level and the State Land Use Commission level creating a due process violation. Id. Record at 2070. In order to address these procedural errors, the preparation of the Order was suspended so that the Planning Commission could first meet. The letter was joined by Deputy Attorney General Monica T.L. Morris. Id. Record at 2072. 48) Chairman Au responded by letter dated February 28, 2013 and confirmed that the preparation of the Order would be suspended pending further discussion of procedural issues at the March 7, 2013 meeting. Id. Record at 2071. 49) At the March 7, 2013 meeting, Mr. Jeffrey Gomes executed and submitted a Petition for Standing in Contested Case Hearing stating as an adjoining property owner to the proposed project, his family would be severely impacted by the project. Id. Record at 2122-25. 50) At the March 7, 2013 meeting, the Planning Commission agreed to grant Mr. Gomes standing in a contested case and subsequently agreed to hire a hearings officer to conduct the contested case hearing on its behalf. Id. Record at 2153-55. 51) By letter dated July 12, 2013, the Planning Commission inforlried all of the parties that Sandra P. Song, Esq. would serve as hearings officer for the contested case hearing. CONCLUSIONS OF LAW 1) Section 205-6, Hawaii Revised Statutes states as follows: (a) Subject to this section, the counry planning commission may permit certain unusual and reasonable uses within agricultural and rural districts other titan those which the district is classified. Anyperson who desires to use theperson's land within all agricultural or rural district other than for akricieltural or rural uses, as the case mar be, may petition the planning commission for.the count v within which the person 's land is located forpermission to use the Person's land in the manner desired. . . . [Emphasis added.] (c) The county planning commission maj,, tinder such protective restrictions as nur), be deemed necessary,permit the desired use, but only ")hen the use wouldpromote the -I?- I SPP No. 12-000138 Page No. 002488 ..kclrvenecs and ob1eclive o,f 1his chuplei,;ywovided Mal a use proposed/car designated i7?r1.)0rrur71 ugr•icallural lund.Y,clrc1111101 cor1 flict with crrrY perr-1 ref(Iris clacrpler. 2) The guidelines provided in the State Land Use Law for establishment of Agricultural district boundaries are intended to provide the greatest possible protection to those lands with a high capacity for intensive cultivation. The Property's soils are classified by the LSB as "D" (Poor) for agricultural productivity and the State of Hawaii ALISH system indicates that the Property is not classified as Important Agricultural Land or Agricultural Lands of Importance to the State of Hawaii. Id. Record at 43. 3) A charter school is not considered a permitted use within the State Land Use Agricultural District; however, uses not expressly permitted may be allowed in the Agricultural District by Special Permit on lands having soils with an overall productivity rating of C, D, F or U. See; Sec. 705-2(a)(3), HRS. 4) Additionally, a charter school is not considered a permitted use within an area that has been zoned Agriculture 1 acre (A-la); however, Hawaii County Code Section 25-572(d) provides that schools may be permitted in the Agriculture district, provided that a Special Permit is issued for the use. See Transcript of Proceedings, Vol_4, page 531, line 14-16; sec also Exhibit Azb. 5) Special Permits for a parcel of land greater than 15 acres must be recommended for approval by a county planning commission and then reviewed and affirmed by the Hawaii State Land Use Commission. Malama Maha'ulepu v. Land Use Com'n, 71 Hawaii 332, 334 (1440). b) County Planning Commissions are vested with the authority to recommend approval for special permits for parcels of land greater than 15 acres for uses that while not otherwise permitted within agricultural districts, are nonetheless "unusual and reasonable" uses -13- I SPP No, 12-000138 Page No. 002489 that promote the effectiveness and objectives of Chapter 205 of the Hawaii Rei rued Statutes. Id. at 332, 336-37, Haw. Rev. Stat. §§ 205-4.5 and 205-6. 7) The criteria for approving a Special Pen-nit are based on Rule 6-7 in the Planning Commission Rules. It states that the Planning Commission shall not approve a Special Permit unless it is found that the proposed use (a) is an unusual and reasonable use of land situated within the Agricultural District and (b) the proposed use would promote the effectiveness and objectives of HRS Chapter 205. See Rule 6-7, Planning Commission Rules and Regulations. 8) The requirements of Rule 6-7, Rules of the Planning Commission have been satisfied by Applicant. Applicant has satisfactorily demonstrated by a preponderance of the evidence that the establishment of a K to 12 charter school campus with support facilities and related uses on approximately 70 acres of land is an unusual and reasonable use of lands within the Agricultural district and would further the objectives of the Land Use laws. 9) The proposed use is unusual in that a school is not normally considered agricultural in nature. However, it is a reasonable use that a school be located within the Agricultural district because communities within Agricultural districts requires certain services that support the agricultural community in which they are located, including schools. 10) In addition, the criteria listed under Section 6-3(b)(5)(A) through (G), Rules of the Planning Commission have been satisfied by a preponderance of the evidence by Applicant, A. Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The law is intended to preserve, protect and encourage the development of lands in the State of Hawaii for those uses to which they are best suited in the interest of the public health and welfare of the people of the State of Hawaii. For lands in the Agricultural district, the intent is to preserve or keep lands of high agricultural potential in agricultural use. However, some agricultural lands -14- f SPP No. 12-000138 Page No. 002490 may not be suited for agricultural use, but are classified as such. The lav allows uses that may not be strictly ad cultural in nature yet are reasonable within the district. The special permit process for usual and reasonable uses within the Agricultural district is available. This is the case herein. B. The desired use would not adversely affect surrounding properties. An adverse effect is defined as an unwanted and unanticipated result of taking a particular action. Here, the action is to develop a K to 12 charter school campus with support facilities and related uses on approximately 70 acres of land. Anticipated impacts that would adversely affect surrounding properties from the proposed use are an increase in traffic to the area and an increase of noise. These impacts, however, care be mitigated to minimize their adverse affect to surrounding properties through conditions of approval of the Special Permit. As the TIAR recommended, a separate left turn land shall be provided for left turns from eastbound Edita Street into the Lower Campus at Road A. Additionally, to help mitigate noise and visual impacts, landscaping will be required along the perimeter of the Property. C. Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection. Based upon the comments received from various public agencies, the following will be done to ensure that the proposed use shall not burden public agencies: I. Department of Public Works Traffic Division: As previously mentioned, a condition of approval will be added to require applicant to construct a separate turn lane for left turns from eastbound Edita Street into the Lower Campus at Road A. In addition, comments were received from DPW-Traffic Division requesting that Connections submit a traffic management plan to be -15- i SPP No. 12-000138 Page No. 002491 reviewed and approved by DPW-Traffic Division in consultation with the Police Department. The plan shall be implemented and provide traffic management strategies that reduce traffic congestion on surrounding County roads during special events and student pick-up/drop-off activities for the entire school campus. Finally, the Applicant shall also provide active traffic management of all student pick-up/drop-offareas so that drop-off and pick-up activity does not result in queuing of vehicles on any County Road. A Traffic Impact Analysis Report for this project was prepared by Phillip Rowell. Id. Record at 41 and 289-306. See testimony of Phillip Rowell, Transcript of Proceedings, Vol. 4, page 456, line 15-25, page 457, line 1-7, 25, page 458 line 1-25, page 459, line 1-25, page 460 line 1-25, page 461, line 1-25, page 462, line 1-25, page 463, line 1-25; page 464 line 1-4. The Traffic Impact Analysis Report for this project was evaluated by Ron Theil, Chief of the Traffic Division for the County of Hawaii. Id. Record at 733, See testimony of Ron Theil, Transcript of Proceedings, Vol. 1, page 154, line 1-25, page 155, line 1-25, page 156, line 1-25, page 157, line I-25, page 158, line 1-25, page 159, line 1-25, page 160, line 1-25, page 161, line 1-25, page 162, line 1-25. The Department of Public Works Traffic Division supports the Planning Departments Conditions of Approval related to traffic mitigative measure. See testimony of Ron Theil, Transcript of Proceedings, Vol 1, page 173, line 1-25, page 174, line 1. 2. Police Department: The Police Department commented that the section of Edita Street from Kaumana Drive leading to the Property has no pavement off of the travel portion of the roadway and would be unsafe for pedestrian traffic. To address this comment from the Police Department, a -16- i SPP No. 12-000138 Page No. 002492 condition of approval will be added requiring Connection to add an 8-foot pa%cd shoulder along the northcastem (Makai) side of Edita Street from the south end of the Property to the intersection of Edita Street and Kaurnana Drive. 3. Department of Water Supply: County water is available for up to a maximum daily usage of 4,200 gallons per day from an existing 8-inch waterline on Kaumana Drive for the upper campus and from an existing 8-inch waterline on Edita Street for the lower campus. The Property is assigned seven (7) units of water, which equates to an average usage of 600 gallons per day per unit of water (4,200 gpd). Additionally, the existing 8-inch waterline within Edita Street is looped and therefore adequate to provide the required 2,000 gal Ions per minute of flow for fire protection, as per the Department's Water System Standards for schools. Potable water needs will be met by connecting to the existing county water supply infrastructure. Non-potable water supply needs will be met with an extensive rainwater collection system consisting of catchment tanks, storage reservoirs/tanks with a network of water lines to distribute the collected water throughout the campus. The potable water system and the catchment system cannot be interconnected. The Applicant also conducted preliminary water calculation related to water usage for a campus under varying scenarios on how much water would be use on campus. Id. Record at 1678 to 1684. See testimony of Kevin Louma, Transcript of Proceedings, Vol. I, page 139, lines 10-15, page 140, lines 1-25, page 141, lines 1-25, page 142, lines 1-25, page 143, lines 1-25. It may become evident during the design of the development that a potable well is needed, at which time Connection will then need to conduct additional detailed analysis and apply for additional permits. The Department of Water Supply also .17- i SPP No. 12-000138 Page No. 002493 reviewed the preliminary water calculations. See testimony of Kurt Inaba, Transcript of Proceedings, Vol 1, page 182, line 17-25, page 183, line 1-25. page 184, line 1-25, page 185 line 1-25. The Department of Water Supply supports the Planning Department's Conditions of Approval related to water. See testimony of Kurt Inaba,Transcript of Proceedings, Vol. 1, page 187, line 8-16. 4. State Department of Health: There is no municipal wastewater system currently serving the Kaumana area. Connections will have to provide its own waste water system meeting with the State Department of Health regulations. Based upon the above discussion, conditions of approval shall be utilized to insure that the proposed use does not burden public agencies to provide additional services. D. Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. In the 1960's and 1970's, the State's agricultural district boundaries and regulations were established and subsequently amended pursuant to HRS Chapter 205. Although the property and surrounding areas are designated for agricultural uses by both State and County land use laws, through the issuance of Special Permit, various "non-agricultural" services may be allowed, including schools. B. The land upon which the proposed use is sought is unsuited for the uses permitted within the district. The land on which the proposed use is located is unclassified by the Agricultural Lands of Importance to the State of Hawaii (ALISH) Map. Additionally, the soil is classified as "D"or"Poor"by the LSE's Detailed Land Classification System and is identified mainly as pahoehoe lava flow by the US Soil Survey. Based on this infomnation, the land upon which the proposed use is sought is -18- M SPP No. 12-000138 Page No. 002494 unsuited for agricultural uses permitted within the Agricultural District. Although the Property is unsuited for agricultural use: Connection is proposing to have an agricultural program and a forestry-conservation program as part of the curriculum. The agricultural program facilities would be conducted from the lower parcel and include green houses, a six-horse barn, and cultivated gardens. The-forestry/conservation program, which focuses on forest resource management, conservation, and forest ecosystem restoration, would be located on the upper parcel. F. The use will not substantially alter or change the essential character of the land and the present use. The current character and present use of the Property is undeveloped, vacant of structures and uses. The current character of the surrounding area is residential to the north and residential/agricultural to the south. The present use of the surrounding area is mainly residential with some agricultural activity and vacant land. The proposed use will alter or change the essential character of the land and its present use from its current undeveloped character. Connections has proposed to construct the school building as single story structures, similar to the surrounding residential community, to help minimize the change to the essential character of the land. Connections is encouraged to design the campus to match the surrounding rural character rather than having an institutional character typical of a public school campus. G. The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design Plans. The Land Use Pattern Allocation Guide (LUPAG) Map component of the General Plan is a representation of the document's goals and policies to guide coordinated growth and development of the County. It reflects a graphic depiction of the physical relationship among the various land uses. The LUPAG Map establishes the basic urban and non- -19- i SPP No. 12-000138 Page No. 002495 urban form for areas within the County. 7 he Property is located in an area identified as Low Density Urban in the General Plan. The Low Density Urban designation allows for residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses where overall residential density may be up to six units per acre. The request will not be contrary to the-LUPAG Map designation for this area. Additionally, the approval of the subject request would support the following goals and policies of the Economic, Public Facilities and Land Use elements of General Plan: Economic Element • Provide an economic environment that allows new, expanded or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and Social environments. Public Facilities-Education Course ofActions for South Hilo) • Encourage the establishment of additional schools as the need arises. Land Use-Public Land + Encourage uses of public lands that will satisfy specific public needs, such as housing, recreation, open space and education. Based on the above, the proposed request is not contrary with the General Plan Land Use Pattern Allocation Guide (LUPAG) Map, which is Low Density Urban and allows ancillary community and public uses. Additionally, the General Plan encourages the use of public land for education and a course of action for South Hilo encourages the establishment of additional schools as the need arises. l l) The proposed use is not contrary to the objectives sought to be accomplished by HRS Chapter 205A, relating to the Coastal Zone Management Program, The Property is located -20- I SPP No. 12-000136 Page No. 002496 over three irides from the closest shoreline and is not located within the Spee(al Management Area, 12) There is no designated public access to the mountain areas over the Property. 13) Therefore, the proposed use will not adversely impact any recreational resources, including access to and along the shorelines, scenic and open space resources, coastal ecosystems, and marine and coastal recourses. Further, the Property will not be affected by any coastal hazards or beach erosion. 14) The Hearings Officer concluded upon a preponderance of the evidence that the Application for Special Permit is reasonable, conforms to the standards in Section 205-6, Hawaii Revised Statutes, does not violate Section 205-4.5, Hawaii Revised Statutes, and is consistent with the standards and requirements set forth by Rule 6-3(b)(5)(A) through (G), Rules of the Planning Commission. 15) Applicant has complied with the requirements found in Rule 6-6(b). Rules of the Planning Commission and mailed a notice of the Application and hearing to owners of interests in properties within five hundred feet of the perimeter boundary of the subject property. 16) Applicant has also complied with Rule 6-6(d) and filed an appropriate proof of mailing document evidencing compliance with the rule. 17) In addition, notice of the public hearings have been published in the newspaper pursuant to Rule 6-6(d). 18) The due process requirements under the Rules of the Planning Commission have been satisfactorily complied with. -21- i SPP No. 12-000138 Page No. 002497 State Land Use Boundary Amendment Process is Not Applicable 19) The property in qucmon is in a 5t,ite Land l se District dcsignatod Ior aIricultur:l purposes. Sec. Sec, 205-2(a)(3), Hawaii Revised Statutes (hercinaf er r6crud to as 'TIRS") 20) The propcily in question is not an important agrier:IhIral lands clue to the poor soil ratin-,of"D", and such property docs not need the "greatest possible protection_" See. 205- 2(a)(3). HRS. Id. Record at 25 and 777. 2I ) The property in question is not usable for, and not Suited to, agriculturai and ancillary activities by reason of topography and soils. Sec. Sec. 205-2(d), HRS. Id. Record at 25 and 777. 22) The property in question is greater than fifteen acres. See, Sec. 205-3,1(a), HRS. Id. Record at 25. 23) The List of the property in question, with soil classified by rile land Study I)urcau`5 detailed land classification as overall (master) productivity rating"D", is restricted to the uses permitted for agr:CUltural districts as set forth in Section 2.05-5(c), HRS, 24) Section 205-5(a), HRS, specitcally delegates zoning, power, to further define permissible uses within State Land Use Districts to the respective counties. 25) Scction 205-5(b), HRS. provides that within "agricultural districts any uses must be compatible to activities described in Section 205-2, HRS and that "accessory uses and serti ices" may be further dcf ned by each county by zoning ordinance_ Sec, Sec. 205-5(b), HRS. 26) The County of Hawaii, in its Zoning Code specifically states, in relevant part: Section 25-5-72. Permitted uses. (d) The followkig uses may be permitted in the A (agricultural) district, provided that a use permit IS issued for each use if the building site is outside of the. State -22- SPP No. 12-000138 Page No. 002498 tel c:i7dim, di" slab . land 1651: (7) Schools. Sec also, See. 15-15-25(b)-Hawaii Adininistrative.-RUICS. Emphasis added and iricludcd. 217 The Hawaii State Supreme COLIII'S LICCiSi011 in Neighhorhood 13oard No, 24, el 0/- 1% sial e Land Use 0 0171/n ission, el (d., 64 Hawai'l 265, 639 P.2d 1097 ( 1982), does not apply to the present POitiolIU: (a) In the Neighborhood Board No. 24, supra ease, the petitioner proposed a major CoIIIIIIeI'ei'LII Undertaking involving up to 1.5 million people annually. Id., at 64 Hawai) at 2721, 639 11.2d 11 03. (h) The proposed use was not a "j-)CrIIIIttCd" LISC as defined by the City and County o1'Honolulu's Zoning Code. Id. (e) The purpose of the land Use bOMILtry amendment process is to -streamline Ilic land use regulatory process by requiring the stab;commission's approval of such permits only where the use desired would be of such scale as to impact the state as a whole. (Emphasis added)" Neighborhood Board No. 24, 'SLII)I-a ft. nt, 4, citing House Standing Committee Report No. 572, 10th Hawaii Lepslature. 211d Sessions, 1970 House JOLIF1131, at 1410. 28) In the present case, the Petitioners' proposed use is defined as a permitted use by Section 25-5-72, Hawaii County Code, See Transcript of Proceedings, Vol. 4, page 539, line 14- W, see also Exhibit A26, -23- SPP No. 12-000138 Page No. 002499 29) The 13l'tl 100C1'h lIWjIkTICd trsc sloe" no( rise tel t1►c �cxs!c Ery tel "irllll Irl file bt.ttc&', ,r Ncii�hborhood Bo Lrd No. 24, Supri ft. ilt. "t, citing i lotr,c Standing C ormllitIcu Report No. S72. pith Haan Lc rylaturc, grid Sessroris, 1979 Hc7use Journal, at 14!{1 3{}1 "rile Pe(itioners' proposed use is compatible to activities described in Section 205- 2, HR-5 and Sec. 205-5(b.)., HRS. 31) There is precedent, at the State Land Use Commission, allowing proposed uses for schools, to proceed using a Special Permit Izroccss Under Sec. 2015-6, HRS. Sec, Testimony of Duane Kanuha.Transcript of Proceedings, Vol. 4, page 498, lines 15-25: page 499, lines 10- I9 32) The Petitioners' proposal was e alLrated by the Office of Platlrling, Id. Record at 401-406 and 758-761. 33) Pursuant to the Office of Planning, tilt PetitiCMCrS' proposal n1CCt5 the guidelines in HAIR 515-15-95, for determining an "LIMISUai and reasonable use" for the purpose of- aming i special permit pursuant to HRS. ti205-6. Id. Record at 402-404 and 759-761. 34) The County of Hawaii Planning Department considers the recommendations of` the Office of Planning. Sce, Testimony of Duane Kanuha, Transcript of Proceedings, Vol, 1, page 216, I i nc 7-15. 3 ) The Karncharneha Schools, Keaau campus, applied for 111(1 was granted a special LISC permit, to build a substantial pail of the school oil land with the Statc Land Use designation for agricultural uses. See, Testimony of Bobby .lean L.eithead Todd, Transcript of Proceedings. Vol. 4, page 512, lines 11-25, page 513, lines 1-23: see also, Exhibits A24 and A25, 361 The Petitioners' prapased use is reasonable and unusual under the. State Land Use Designation ofagrrcultural, pursuant to Sec. 205-6(a), HRS, See, Testimony ol'Bohby Jean Leithead Todd. Transcript of Proz ceilings, Vol, 4, page 51 L, lines 10-25, page 512, 1 incl 1-1{} -24- i SPP No. 12-000138 Page No. 002500 DECISION AND RECOMMENDATION Based on the evidence presented and applying the standards and riles herein, along with the above Findings of Fact and Conclusions of Law, the Applicants, Connections and CRESS, have satisfied the requirements of-Planning Commission Rule 6-7 and Rule 6-3(b)(5)(A)-(F). It is recommended that the Planning Commission approve the Application for Special Permit No. 12-000138 of Connections and CRESS, as recommended by the Planning Director: I. The applicant, successors or assigns shall be responsible for complying with all stated conditions of approval. 2. The proposed use shall be conducted in a manner that is substantially representative of plans and operational details contained within the Application for Special Permit including the amount of students and hours of operation, and representations made before the Windward Planning Commission. 3. Prior to the issuance of a water commitment by the Department of Water Supply, the applicant shall submit the anticipated maximum daily water usage calculations as prepared by a professional engineer licensed in the State of Hawaii and a water commitment deposit i n accordance with the "Water Commitment Guidelines Policy" to the Department of Water Supply within 180 days from the effective date of this permit. The calculations must include the estimated peak flow in gallons per minute and total estimated maximum daily potable water demand in gallons per day. Should the applicant utilize more than the maximum average daily usage of potable water (4,200 gpd) from the existing County 8-inch water line, the applicant will be required to secure or construct an additional source of potable water or limit the amount of students to the amount of potable water available. -25- i SPP No. 12-0001313 Page No. 002501 4. The applicants shall install a reduced pros-tire type backflo« pre',ention assembly within five (5) {eet of the existing water meter and any additional water meters on private property, which must be inspected and approved by the Department of Water Supply. 5. Construction of the high school phase shall be completed within ten (10) years from the effective date of this permit. Prior to the start of construction for each separate school (high, intermediate, elementary), the applicant, successor(s) or assign(s) shall secure Final Plan Approval for the development of each proposed phase from the Planning Director in accordance with Section 25-2-70, Chapter 25 (Zoning Code), Hawaii County Code. Plans shall identify ail existing and/or proposed structure(s), paved driveway access and parking stalls associated with the proposed development. Landscaping along the perimeter of the entire 70 acre project site shall also be indicated on the plans in accordance with the Planning Department's Rule No. 17 (Landscaping Requirements) buffer yard requirements for the Village Commercial (CV) zone adjoining a Single-Family Residential (RS) Zone. 6. On plans submitted for Plan Approval review or any land alteration pen-nit(s), the applicant shall identify the location of Kaumana Cave within the Subject Property and to ensure its protection, also identify a 100-foot wide preservation buffer along its entire perimeter. No use, structures or land alteration activities shall be permitted within this Kaumana Cave preservation buffer. 7. The applicant shall conduct an updated traffic report prior to the submittal of plans for Plan Approval for the intermediate and the elementary school phases, in a manner meeting with the approval of the Department of Public Works. If the updated traffic reports determine that additional traffic mitigation measures are required, these required improvements shall be constructed by the applicant at no cost to the County prior to the issuance of Certificate of Occupancy for the respective school phases. -26- i SPP No. 12-000138 Page No. 002502 S. All driveway connections to Edita Street shrill conform to Chapter 22, COUTIAN Streets, of the Ilawaii County Code. 9. The applicant shall construct a separate turn lane for left turns from eastbound Edita Street into the Lower Campus at Road A meeting with the approval of the Department of Public Works prior to the issuance of a Certificate of Occupancy for any portion of the project. 10. The applicant shall construct an 8-foot paved shoulder along the northeastern (Makai) side of Edit Street from the south end of the Subject Property to the intersection of Edita Street and Kaumana Drive (Standard Detail R-34) meeting with the approval of the Department of Public Works prior to the issuance of Certificate of Occupancy for any portion of the project. I i. The applicant shall submit a Traffic Management Plan to be reviewed and approved by the Department of Public Works-Traffic Division in consultation with the Police Department prior to the receipt of Final Plan Approval for any portion of the project. The comprehensive plan shall be implemented and provide traffic management strategies that reduce traffic congestion on surrounding County roads during special events and student pick-up/drop- off activities for the entire school campus, The applicant shall provide active traffic management of all student pick-up/drop-off areas so that drop-off and pick-up activity does not result in queuing of vehicles on any County Road. The applicant shall incorporate carpooling, bus and van services, and staggering school pick-up and drop-off times. 12. The applicant shall design project driveways/roads, parking and loading areas so all school traffic and congestion is confined to the project site and does not overflow onto County roads. Should adjoining lands be developed in a manner that would provide a reasonable opportunity to provide an alternate means of access to the proposed school site from the Puainako Street extension, the applicant shall provide necessary improvements within its own -27- SPP No. 12-000138 Page No. 002503 pioperry to facilitate access to the Puaninako Street extension across adjoining kinds when directed by the Planning Director. 13. All development-generated runoff shall be disposed of onsite and shall not be directed toward any adjacent properties. A drainage plan may be required by the Plan Approval process in accordance with Section 25-2-72(3) of the Hawaii County Code. lel. All earthwork activity, including grading and grubbing, shall conform to Chapter 10, Erosion and Sedimentation Control, of the Hawaii County Code. 15. The method of sewage disposal shall meet with the requirements of the Department of Health. 16. Prior to any ground altering activities, the applicant shall submit a monitoring plan in accordance with HAR 12-279 to the DLNR-SHPD for review and approval. A copy of the approved monitoring; plan shall be provided to the Planning Department prior to issuance of Final Plan Approval. 17. All ground altering activities associated with the proposed development shall be monitored by a qualified archaeologist in a manner meeting with the approval of the DLNR- SHPD. 18. Should any remains of historic sites, such as rock walls, terraces, platforms, marine shell concentrations or human burials be encountered, work in the immediate area shall cease and the Department of Land and Natural Resources-Historic Preservation Division (DLNR-HPD) shall be immediately notified. Subsequent work shall proceed upon an archaeological clearance from the DLNR-SHPD when it finds that sufficient mitigative measures have been taken. 19. The applicant shall comply with all applicable County, State and Federal laws, rules, regulations and requirements. -28- i SPP No. 12-000138 Page No. 002504 20- An annual progress report shall be submitted to the Planning Director prior to the anniversary date of the approval of this Special Pen-nit. The report shall include, but not be limited to, the status of the development and the extent to which the conditions of approval are being satisfied. This condition shall remain in effect until all of the conditions of approval have been satisfied and the Planning Director acknowledges that further reports are not required. 21. An initial extension of time for the perfon-nance of conditions within the permit may be granted by the Planning Director upon the following circumstances: a. The non-performance is the result of conditions that could not have been foreseen or are beyond the control of the applicant, successors or assigns, and that are not the result or their fault or negligence. b. Granting of the time extension would not be contrary to the General Plan or Zoning Code. C. Granting of the time extension would not be contrary to the original reasons for granting the permit. d. The time extension granted shall be for a period not to exceed the period originally granted for perfon-nance (i.e., a condition to be performed within one year may be extended for up to one additional year). e. if the applicant should require an additional extension of time, the Planning Department shalt submit the applicant's request to the Planning Commission for appropriate action. 22. Should any of these conditions not be met or substantially complied with in a timely fashion, the Planning Director may initiated procedures to revoke this Special Permit. -29- i SPP No. 12-000138 Page No. 002505 Based on the forgoing, it is ordered by the Windward Planning Commission that the Special Permit Application No. 12-000138 be approved and Pursuant to Planning Commission Rule 4 Contested Case Procedure and Rule 6 Special Permits, the Windward Planning Commission shall adopt Petitioners Connections and CBESS Proposed Findings of Fact and Conclusions of Law. DATED. Hilo, Hawaii, SANDRA P. SONG, ESQ. HEARINGS OFFICER -30- I SPP No. 12-000138 Page No. 002506 CONCLUSION Based on the evidence presented and applying the standards and rules herein, along with the above Findings of Fact and Conclusions of Law, the Applicants, Connections and CBESS. have satisfied the requirements of Planning Commission Rule 6-7 and Rule 6-3(b)(5)(A)-(F). It is recommended that the Planning Commission approve the Application for Special Permit of Connections and CBESS, as recommended by the Planning Director. DATED. Honolulu, Hawaii, FebruaryX-2-72U14 tLf � CARTED K tJ 7313 Dep ty ttomey General Depa ent of the Attorney General, State of Hawaii Attorney for Applicant CONNECTIONS NEW CENTURY PUB[ IC CHARTER SCHOOL DATED. Hilo, Hawaii February 2014. TED H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) SPP No. 12-000138 Page No. 002507 CONCLUSION Based on the c�,idem-c prc�cnt%2d Jrid applying, the standards and rules herein, along with the above Findings of Fact and Conclusions of Law, the Appiicants. Connections and CBESS, have satisfied the requirements of Planning; Commission Rule 6-7 and Rule 6-3(b)(5)(A)-(F). It is recommended that the Planning Commission approve the Application for Special Permit of Connections and CBESS, as recommended by the Planning Director. DATED: Honolulu, Hawaii, February , 2014. CARTER K. SIU 7313 Deputy Attorney General Department of the Attorney General, State of Hawaii Attorney for Applicant CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL DATED: Hilo, Hawaii February %2—, 2014. ED H.S. HON Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) i SPP No. 12-000138 1 ED H. S. HONG 3569 Page No. 002508 Attorney at Law P. O. Box 4217 Hilo, I-II 967210 Tclephone No. 808.933.19 19 ted ct,tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) APPLICANTS CONNECTIONS NEW SERVICES ) CENTURY PUBLIC CHARTER SCHOOL and COMMUNITY BASED EDUCATION SUPPOR,r SERIVCES (CBESS); Application for Special Permit Application ) CERTIFICATE OF SERVICE No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 12, 2014. 1 caused a true and correct copy of the foregoing document to be served on the following persons by electronic and postal mail; SANDRA P. SONG, ESQ. (sandrason (7a,hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, Hawaii 96720 CARTER K. SIU, ESQ. (Carter.K.Sivaa hawaii.gov) Deputy Attorney General Attorney for Applicant Connections New Century Public Charter School 235 S. Beretania Street, Room 304 Honoiufu, Hawaii 96813 Amy Self, Esq. (aselfCcc:o.hawaii.hi.us) Deputy Corporation Counsel 4 SPP No. 12-000138 Attorney for the County of Hawaii Planning Director Page No. 002509 333 Kilauea Avenin Hilo Hawaii 96720 Jeff Comes [kalani_s;omesLt)liawaiiantel.net) Intervenor 281 Edita Street Hilo, Hawaii 96720 Daryn Arai (darai eo.hawaii.hi.us) Jeff Darrow (jdarrow(c�co.hawaii.hi.us) Planning Commission Staff County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 DATED: Hilo, Hawaii February .�7 , 2014. ,D H.S. HONG Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CRESS) 4 SPP No. 12-000138 Page No. 002510 i SPP No. 12-66138 Page No. 002511 BEFORE THE WINDWARD PLANNING COMMISSION OF THE COUNTY OF HAWAII In the Matter of the Petition of } APPLICATION SPP NO. 12-000138 CONNECTION NEW CENTURY PUBLIC } ORDER ADOPTING PROPOSED CHARTER SCHOOL AND COMMUNITY ) FINDINGS OF FACT, CONCLUSIONS BASED EDUCATION SUPPORT ) OF LAW, AND DECISION AND SERVICES ) ORDER } For a Special Permit to Establish a K-12 } Charter School Campus, Dorm and Related ) Facilities and Improvements on Approximately ) 70 Acres of Land Situated in the State Land ) Use Agricultural in Kaumana, South Hilo, } Island of Hawaii, State of Hawaii,Tax } Map Key No: (3) 2-5-006: 141. ) ORDER ADOPTING PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAWLAND DECISION AND ORDER DENYING APPLICATION SPP NO. 12-000138 I. INTRODUCTION This matter comes before the Windward Planning Commission of the County of Hawaii ("Planning Commission") pursuant to Chapter 205-6 of the Hawaii Revised Statutes ("HRS") and Rule 6 of the Rules of Practice and Procedure of the Planning Commission, upon the application of CONNECTION NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY BASED EDUCATION SUPPORT SERVICES ("Applicants") to establish a K to 12 charter school campus with dorm facilities and related uses. The Planning Commission held public hearings on the Applicants' application on November 9, 2012,January 10, 2013, and March 7, 2013. At the conclusion of the March 7, 2013 public hearing,the Applicants requested and were granted a Contested Case("CC") hearing. The CC hearing,which occurred on October 21, 2013, October 22, 2013,November 12, 2013, and January 8, 2014, was conducted by hearing officer, Ms. Sandra Song. i SPP No. 12-000138 Page No. 002512 U. FINDINGS OF FACT Having reviewed and examined the record in this case and carefully considering all testimony, exhibits, and arguments presented at both the public and CC hearings of this matter, while taking into account the credibility and accuracy of the evidence, the Planning Commission makes the following findings of fact by a preponderance of evidence: A. Background I. This matter involves the Applicants' request for a Special Permit to allow the development of a K to 12 charter school campus with dorm facilities and related uses on approximately 70 acres of land situated in the State Land Use Agricultural District ("application"), Exhibit A1, ROA, pages 22-327 2. The campus is proposed to be situated on property ("property")owned by the State of Hawaii and Iocated in Kaumana, South Hilo, Island and County of Hawaii. It is further identified by TMK: (3) 2-5-006: 041, Exhibit A1; ROA, page 27-28 3, The State of Hawaii entered into a General Lease No. 8-6029 with the Applicants and has consented to the filing of the Special Permit application. ROA, page 54 4. According to the Planning Department background report and the Applicants' application, the property is zoned Agriculture (A-I a) and designated "Low Density Urban"on the County General Plan Land Use Pattern Allocation Guide map. Adjacent properties to the south and west are also zoned A-la and within the State Land Use Agricultural District, while adjacent properties to the north are zoned RS-10 and RS-15 and within the State Land Urban District. Exhibit A1, ROA, pages 885-886 S. The Planning Director recommended approval of the application, subject to a number of conditions. Exhibit A5, ROA, pages 773-787,, 1227-1231 6. Public hearings were held by the Planning Commission on November 9, 2012, January 10, 2013, March 7, 2013, at which time a number of area residents expressed their objections, verbally or via letterslemails, to the application. ROA, pages 405-411; 788-793;819-822; 829-836; 841-842; 875-876;• 879- 880;1203; 1253; 1263-1271; 1274-1276; 1290; 1315-1432;1446-1544 2 i SPP No. 12-000138 Page No. 002513 7. Prior to the Planning Commission's closing of the public hearing on March 7, 2013, after a motion was made and seconded to deny the application, the Applicants requested and were granted a CC hearing on the application. ROA, pages 2133-2156 8. At the March 7, 2013 meeting, the Planning Commission granted standing to the Applicants and granted intervention status to a surrounding property owner, Jeffrey Gomes. The Planning Director is already a party pursuant to Rule 4-6(a) of the Planning Commission Rule. The Director was represented by Ms.Amy Self, Esq. The Applicants were represented by Ted H.S. Hong, Esq. and Carter K.Siu,Esq. Mr. Gomes represented himself,pro se. Sidney Fuke, also a resident and private planning consultant, was acknowledged as an advisor to Mr. Gomes. Pre-hearing transcript 9. The Applicants' attorney subpoenaed a number of residents within the community, including Sidney Fuke, and invoked the "witness exclusion" rule. Pre-hearing transcript 10. CC hearings were conducted on October 21, 2013, October 22, 2013, November 12, 2013, and January 8, 2014. After the January 8, 2014 hearing, the parties went into mediation. At the January 21, 2014 hearing, after no resolution was reached, the Hearing Officer closed the CC portion of the hearing. B. Nature of Applicants' Re uest 11. The submitted application called for the development of a K to12 charter school campus with dorm facilities, intergenerational program that would provide childcare and elder care at a single facility, and related uses on approximately 70 acres of land. As the site is bisected by Edita Street, the lower portion would consist of the major school or campus facilities, while the upper portion would be used for its outdoor type of educational programs. ROA, pages 28-30 12. The lower campus would support a projected 167 elementary students, 107 intermediate students, 107 high school students (381 K through 12 students) and 25 intergenerational clients. Also included would be a dormitory capable of supporting 30 students, a gymnasium, and other related facilities. Two parking lots capable of supporting 140 parking stalls would be provided. ROA, pages 28-30 3 SPA No. 12-000138 Page No. 002514 13, The Applicants anticipate that at least 50% of the projected student population will come from the Puna District. 11/09/12 PH Transcript,page 17; ROA, page 1563 14. The Applicants represented that the school currently had 50 full-time and 17 part-time employees. ROA,page 35 15. The project is intended to be completed within 16 to 25 years. The first phase would include the high school and dormitory. The projected opening would be 2.5 to 3.5 years. ROA,page 34 and CC Transcript,page 50 16. The application included a Final Environmental Assessment("EA"), dated October 2010, that was initially used as part of the Applicants' request of the State Land Board to use State Land. ROA,pages 56—326 17. In its description of the"Proposed Action,"the EA acknowledged all of the uses reflected in Applicants' application, except for the elder care facility. ROA,page 64 C. Proiect's Infrastructure Considerations Water 18. The application acknowledged that according to the County Department of Water Supply("DWS")potable water was limited to 4,200 gallons per day ("gpd"). Further, based on a 60 gpd standard, the amount of potable water could only support 70 of the estimated 381 K to 12 students, 25 intergenerational clients, and the approximate 50 full-time and 17 part-time employees. ROA,page 32 19. Due to the limited amount of potable water, agriculture and Iandscaping irrigation would rely on rainfall, recycled wastewater effluent, and rainwater catchment system. Additionally, there was a possibility that non-potable water would be used for toilet and custodial uses. ROA,page 32 20. Based on the 60 gpd standard noted in the EA, the project would require at least 26,100 gpd. ROA,page 124 21. In that regard, the application further added that it understood "that the availability of water does constrain the scope of development on the property 4 i SPP No. 12-000138 Page No. 002515 and intends to investigate other sources of water to support the project." RO,4, page 32 22, The Applicants' witness, Mr. Kevin Louma, during the CC portion of the hearing, testified that based on his analysis, the minimum and maximum water usage for the project with a cafeteria would be 6,848 gpd to 10,828 gpd. CC Transcript, pages 139-142 and ROA,pages 1678-1684 23.Mr. Kurt Inaba of the DWS testified that 4,200 gpd was the limit for the entire project and that if the project used only its allocated amount, it should not affect water pressure and availability to the community. He added that at this stage,the DWS is unable to determine exactly what the projected water use would be, as that will depend on studies provided by the Applicant. CC Transcript,pages 182-185 24. During the course of the public and CC hearing, a surrounding property owner resident and land use planning consultant, Mr. Sidney Fuke, testified whether it was appropriate to approve a project knowing that a) based on the application, the amount of available potable water represented only 16% of the project's requirement; b) the question of how the balance of the water was going to be provided had not been addressed; and c) whether deferring this issue to an unknown time in the future was fair and appropriate to decision- makers. ROA,pages 1352, 1353 and CC Transcript,pages 571 and 572 Trak 25. The EA and the application contained a Traffic Impact Analysis Report ("TIAR") prepared by Phillip Rowell and Associates, dated June 28, 2010. The TIAR evaluated the project's impact relative to the intersections of the proposed project's entrance at Edita Street and at Edita Street and Kaumana Drive. ROA, pages 41, 288,- 308 26. Based on traffic counts taken on Thursday, May 28, 2009,the TIAR found that at the intersection of Edita Street and Kaumana Drive, the current Level Of Service ("LOS") operates at LOS "A"or"B". It further concluded that at the two studied intersections,upon full build out of the proposed development, the LOS would continue to operate at levels "A" or`B". ROA, pages 290-292 27. Mr, Phillip Rowell testified that he had made no contacts with or secured input from the community prior to doing his TIAR. He added that, based on 5 SPP No. 12-000138 Page No. 002516 his experience, if the application were to be considered by the State Land Use Commission, an updated TIAR would be required for two reasons: 1)the traffic counts were done 4 years ago; and 2) the list of related projects and background forecasts would need to be updated. CC Transcripts,pages 459, 46,3 28. Mr. Rowell further testified that a)while he was aware that the University of Hawaii at Hilo, Hawaii Community College, and Kamehameha Schools had ended prior to the counts being taken,that should not have affected his analysis or conclusions; b) he was not aware of a number of residential developments in the Kaumana area and subdivisions that would utilize Edita Street and that some of that information could have surfaced after the traffic counts were done in 2009. CC Transcripts, pages 469-470; 475-477 29, Mr. Rowell added that a)no sidewalks along Edita Street were recommended because "we wanted all pedestrians to enter the project" and "didn't want pedestrians walking along the roadway. Sidewalks would only encourage that"; b) that other intersections proximate to Edita Street were not investigated based on input from the State and County as well as relying on the ITE guidelines which does not typically look at intersections outside of half mile; and c) reconfirmed that the best place for an updated TIAR would be at the State Land Use Commission level. CC Transcripts,pages 479; 486- 487; 488 30, Mr. Rowell concurred that LOS deals with safety and inconvenience and that he understood that it took into account quality of life factors. His primary focus, however, is not necessarily number of movements but whether there is a change in the LOS. CC Transcripts,pages 488-489 31. Mr. Ron Thiel, Traffic Division Chief of the Department of Public Works testified that having traffic counts after the University of Hawaii at Hilo, Hawaii Community College, and Kamehameha Schools Hawaii campus ended could make a difference in the TIAR. He added that"It actually could make it (TIAR)even worse."CC Transcripts,page 174-175 32. The former Planning Director,Ms. Bobby Jean Leithead Todd, testified that she was aware of a proposed 45-lot subdivision adjacent to the property as well as fronting the Puainako Street Extension and added that"in the long run, access (to the subject property) through Puainako might be better for everyone." She also commented that"a better access would be off of 6 } SPP No. 12-000138 Page No. 002517 Puainako. And that just has to do with the fact that Puainako has been designed with broad shoulders, and so i felt that in the long run that that was a better connection. Besides it's always nice to have more than one. You know, if something happens on Kaumana, you could redirect traffic that way." CC Transcripts,pages 515-516 33. The school principal,Mr. John Thatcher, testified that he looked at the possibility of securing an access from the Puainako Extension and had discussions with the affected property owner, Mr. Bill Brilhante. Mr. Thatcher noted that Mr. Brilhante indicated that he had been "lobbied by people from Pacific Plantations not to let us use anything that had and that he felt—he felt threatened by their demeanor"but that he would"keep an open mind"regarding access out onto Puainako Extension. Mr. Thatcher also noted that at the initial meeting with the community on June 3, 2011, it was a priority for the school to get an alternative access. CC Transcripts,page 53; ROA, page 1784 34. There were considerable written and oral testimonies from area residents expressing concerns over the traffic impact of the proposed development, particularly along Edita Street and Kaumana Drive and the project's overall adverse impacts to their quality of life. ROA ,pages 405-411; 788-793; 819- 822; 829-836; 841-842; 875-876; 879-880;1203; 1253; 1263-1271; 1274- 1276; 1290; 1315-1432;1446-1544 35. One of the area residents, Dr. Henry Lee Loy, testified and provided a map reflecting a completed 12-lot residential subdivision and a proposed 45-lot residential subdivision, both of which utilizing Edita Street as access, as well as a proposed 83-home affordable housing subdivision situated about a mile from Edita Street. ROA,pages 1340-1345, 1822 Wastewater 36, The Applicants are proposing to provide its own wastewater system meeting with the requirements of the State Department of Health. The preferred system would be an ecological/biological wastewater system called the "Living Machine". Should that prove to be unfeasible, it would resort to the traditional septic system with leach fields or whatever is required by the State Department of Health. ROA,pages 33 and 425 Drainage 37. The EA noted that Flood insurance Rate Map designation of the site is "X"or 7 i SPP No. 12-000138 Page No. 002518 areas outside of the 500 year storm. It also acknowledged that during severe storms, "water has been known to overtop the concrete channel and flow across Edita Street, resulting in some flooding of adjacent areas." It also added that at the design phase, "detailed engineering studies would be conducted in order to develop appropriate drainage plans, which would take into account any measures that might be needed to address the potential flood hazard posed by the conditions of Edita Street." ROA,pages 111, 113 D. Environmental/Cultural Considerations Flora and Fauna 38. The Planning Department, in reviewing the Applicants' submittal and EA, noted that there was a biological assessment and botanical survey of the subject site. The biological assessment concluded that the proposed development would not adversely impact native avian or mammalian resources. Further, no protected plant species were recorded during the botanical survey. ROA 423 Arch aeological/Cultu ral 39. Likewise, the Planning Department noted that there was an archaeological assessment done in 2008. The assessment did not find any archaeological sites. ROA 422-423 40. The State Historic Preservation Division requested a supplemental field inspection of the Kaurnana Cave. The inspection report concluded that with the exception of the pecked names, no historic elements were encountered within the Cave that underlies the project site. The Applicants are proposing not to construct any major facilities on the mauka or upper portion of the site and maintain a 100-foot wide buffer on either side of the cave alignment. ROA 422-423 41. No identified traditional or customary native Hawaiian rights are being exercised at the property.ROA 423-424 E. Project's Social Consideration—Communi#y Issues 38. The application noted that there were four public meetings on the project. The initial one occurred during the EA process. During the subsequent meetings, the consistent theme raised by the immediate community related to traffic. Other concerns or questions raised related to impact on real property tax 8 I SPP No. 12-000138 Page No. 002519 values, Applicants' contingency plan in the event the Special Permit were denied, cultural significance of the property, benefits to the community. RO,4, pages 42, 1747, 1748, 1768, 1769, 1784 39. At the June 3, 2011 community meeting, Mr. John Thatcher confirmed that presently 50% of the students come from Puna and that should the school be established at the proposed site, students from the immediate neighborhood would not necessarily receive any preferential entrance privilege. ROA,page 1784 40. Relative to the traffic issue, the application cited that even with the project, the resultant levels of service would still be acceptable and that on the matter of construction access,the applicant is in discussion with the adjoining property owner (Mr. Bill Brilhante). ROA, page 43 41. The concerns raised to the Applicants at these public meetings occurred prior to the first Planning Commission hearing on this matter. Subsequent to the filing of the application on July 25, 2012 and at the various public hearings before the Planning Commission, opposition from a considerable number of residents and/or property owners within the community were expressed. These came in the form of emails, letters, and public testimonies. ROA pages 405-411; 788-793; 819-822; 829-836; 841-842; 875-876; 879- 880;1203; 1253; 1263-1271; 1274-1276; 1290; 1315-1431;1446-1544; 1892- 1900; 1902-1919; 1921-1931;1960-1999 42. A petition was presented to the Planning Commission noting that 92%of the residents/landowners within the Pacific Plantation Subdivision opposed the project at this location. Of those within 500 feet of the project, 68%signed a petition opposing the project. Most of the others were vacant Iots and could not be personally contacted. ROA, pages 1368-1413; 1964 43. Since the Applicants' initial meeting with the community over two years ago on June 3, 2011, concerns,particularly traffic related, were raised,with a suggestion for an alternative access While there were reported discussions between the Applicants and Mr, Brilhante, nothing has materialized.ROA, page1889 44. Among other things, a) because nothing has materialized on the alternative access issue; b) the Applicants', through Mr. William Boyd, expression that this is their only site; c) and that the impression that the application will be 9 } SPP No. 12-000138 Page No. 002520 approved even before its filing as evidenced by comments made by Ms. Bobby Jean Leithead Todd at the September 2, 2011 community meeting that the State Land Use Commission would probably approve the request and Mr. John Thatcher's testimony that the Special Permit would be approved, a number of members of the community feel that there is a deep chasm of trust with the Applicants and, to some extent, the County. ROA,page 1889, 1768; CC Transcript,page 103 ROA, page 1768 45. In the EA, while there is a section relating to "Socio-Economic Considerations", there was little discussion relative to the development's impact to the surrounding areas. The discussion focused more on the short term construction-related jobs and the overall improvement of educational services for"Hilo's" children. Without being specific, it noted that the development would have"noticeable, but negligible, cumulative effects on thou a presently undeveloped site, and the associated increase in vehicular traffic volume." ROA, page 136-137 46. The application, unlike in the areas of flora, fauna, archaeological, or even TIAR, did not include any commissioned and comprehensive social impact analysis for the project. Exhibit A-1, ROA pages 56-163 47. The County Police Department commented that this development"is being placed in a residential area that will likely effect(sic) the quality of life for residents that border this proposed site. There will be an increase in noise, crime, and traffic. ROA,page 363 48. Through the various testimonies, members of the community have expressed concerns regarding the adverse impact a development of this scope and size would have on their quality of life. Based on the TZAR, the percentage increase of the added traffic resulting by this development on Kaumana Drive is 58% over the current Ievels and over 330% increase at the Kaumana Drivel Edita Street intersection. Further, quality of life impacts are not necessarily measured by LOS but are more perceptual and personal. ROA,pages 1984 49. The Planning Department, in its revised recommendation, defined an adverse affect as "an unwanted and unanticipated result of taking a particular action. " It added that the adverse affect to surrounding properties would come in the form of increase in traffic and noise. Further,while acknowledging that there will be adverse impacts, conditions of approval will be added to address 10 i SPP No. 12-000138 Page No. 002521 traffic and noise that will mitigate and minimize these impacts."ROA,page 778 50. The Planning Department continued that"The proposed school will alter or change the essential character of the land and its present use from its current undeveloped character." ROA,page 890 F. Alternatives 51. Members of the community have expressed their opposition not necessarily to the nature and/or quality of the Applicants' proposed development but to its location and the possible availability of alternative sites. ROA,pages 1965,1966 52. Page 16 of the EA identified a number of sites in the Hilo area that were considered for the proposed development. A number of them were dismissed because their small size, configuration, and access limitation. However, at least three were summarily dismissed because they were too large. Private lands, too, were summarily dismissed because of its cost. There was no examination of government lands in Puna, where 50% of the student population would come from. ROA,page 77 53. Mr. Fuke testified that the larger properties could have been subdivided, which could have addressed the size issue. ROA,page 1992 G. Regulatory Considerations 54. Mr. Terence Yoshioka, retired judge and a resident within the Pacific Plantation Subdivision, testified about the Hawai'i State Supreme Court's decision on Neighborhood Board No. 24 (Waianae Coast)v. State Land Use Commission("LUC") regarding the LUC's approval of a Special Permit for a 103-acre recreational theme park. He pointed out that the Court, • found that approval of the theme park via the Special Permit route "frustrates the objectives and effectiveness of the Hawaii's land use scheme"; • did"not believe the legislature envisioned the special use technique to be used as a method of circumventing district boundary amendment procedures to allow the ad hoc infusion of major urban uses into agricultural districts"; and 11 I SPP No. 12-000138 Page No. 002522 • the purpose of the Special Permit process "is to provide land owners relief in exceptional situations where the use desired would not change the essential character of the district nor be inconsistent therewith."(Emphasis added) He then summarized the Court's opinion noting that"the use of the special permit process to effectuate what amounts to be district boundary amendment would frustrate the effectiveness and objectives of HRS Chapter 205 rather than to promote them." CC Transcript,pages 10-11 55. Judge Yoshioka(Ret.)then opined that"If this commission (Planning Commission) follows the principles enunciated in the Neighborhood Board decision, I believe you will conclude that the construction of this school will be contrary to the 6-3(b)(51) of the Planning Commission Rules of Practice and Procedures as it will substantially alter or change the essential character of the land and the present use, thereby requiring a district boundary amendment rather than a special permit." CC Transcript,page 11-12 56. In response to questions by the Applicants' attorney, Judge Yoshioka(Ret.) noted that he was not aware the majority of the land upon which the Kamehameha Schools is situated falls within the State Land Use Agricultural District. CC Transcript,page 365 57. In response to a cross-examination by the Applicants' attorney, Mr. Fuke acknowledged that he erred in representing that the Kamehameha Schools was situated entirely within the State Land Use Urban District. Nevertheless,those schools are situated outside of the core of existing communities. CC Transcript,pages 550-553;ROA,page 1967 58. Mr. Fuke also testified that the Use Permit and Special Permit process is a discretionary as opposed to a ministerial decision-making process. As such, while community support is not necessarily an expressed criterion for approval, public input is sought. It would then be up to decision-makers to weigh the public input relative to other factors and/or criteria. CC Transcript, pages 568, 569, 575, 576. 59. Chapter 25 of the Hawai'i County Zoning Code outlines uses that are allowed in the various zoning districts. Within the County Agricultural zone, schools are not allowed. However, if a site falls within the State Land Use Urban District, the Planning Commission can issue a Use Permit—which is a form of 12 I SPP No. 12-000138 Page No. 002523 zoning variance - for a school only if it meets the test for a Use Permit. Exhibit A-26; CC Transcript,pages 575, 576 60. The County Zoning Code is designed to implement the General Plan. As such, when evaluating a proposed development's relation to the General Plan, applicable provisions of the Zoning Code need to be considered. In this case, the Zoning Code allows schools in the commercial zones, for there is recognition of their commercial-level type of impacts. However,within the Single Family Residential or Agriculture districts (as in the case with lots surrounding and/or proximate to this site), a Use Permit is required because of its potential adverse impacts. The Use Permit process and criteria are generally similar to the Special Permit. The criteria for a Use Permit read that a proposed use: Shall not be materially detrimental to the public welfare nor cause substantial, adverse impact to the community's character, to surrounding properties,-and Shall not unreasonably burden public agencies to provide roads, and streets, sewer, water, drainage, schools, police and fire protection and other related infrastructure. (Emphasis added) 61. According to the County Planning Department background report, the County General Plan Land Use Pattern AIlocation Guide Map designates the property Low Density Urban. The pertinent policies of the General Plan outlined in the Planning Department revised recommendation were: Economic Element • Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment. • Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments Public Facilities-Education Courses o Actions for South Hilo) • Encourage the establishment of additional schools as the need arises Land Use—Public Lands • Encourage uses of public lands that will satisfy specific public needs, 13 i SRR No. 12-000138 Rage No. 002524 such as housing, recreation, open space and education. ROA,pages 421, 891 62. In his presentation to the Planning Commission, Mr. Fuke outlined other pertinent goals and objectives of the General Plan. These were: Public Facilities Element— Goal • Encourage the provision of public facilities that effectively service the community and visitor needs and seek ways of improving public service through better and more functional facilities in keeping with the environmental and aesthetic concerns of the communi . (Emphasis added) Land Use Element—Policv • Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments. (Emphasis added) ROA,pages 1997,1998 H. Special Permit Based on the aforementioned findings of fact as well as taking notices of appropriate and governing State statutes, County zoning ordinance, and their Rules, this section evaluates the proposed project relative to the Special Permit criteria. 63. Pursuant to Chapter 205-6, HRS and State LUC Rules 15-15-95,Rule 6-7 of Planning Commission Rules identifies the grounds for issuance of a Special Permit. Specifically, the Rule states that: "The (Planning) Commission shall not approve a Special Permit unless it is found that the proposed use: (a) Is an unusual and reasonable use of land situated within the Agricultural or Rural district, whichever the case may be; and (b) Would promote the effectiveness and objectives of Chapter 205, Hawai`i Revised Statutes, as amended. The Commission shall also consider the criteria listed under Section 6.3(b)(5)(A)through (G)." (Emphasis added) 64. Schools can have significant infrastructural and community impacts. Thus, they are not permitted in the State Land Use Agricultural District as well as 14 i SPP No. 12-000138 Page No. 002525 the County Agricultural zone. Either a Special Permit or Use Permit, as the case may be, would be required, and only after a public hearing. This is to enable the community to weigh in on the request and to have full public disclosure of the project and its impacts. 65. Schools have been approved through the Special Permit process in the past. As such, the concept of a school in the Agricultural District is not necessarily an"unusual"use but should not be considered axiomatically allowed. If it were, it would have been listed as a permitted use. In this case while a use may not necessarily be 'unusual,"the operative and twin criterion in this instance is whether it is a"reasonable"use at a particular location and whether it would promote the effectiveness and objectives of Chapter 205, HRS. To help with this assessment, a discussion of the request relative to these criteria follows. 66. Rule 6-3(b)(5)(A): Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations. The purposes of Chapter 205 (Land Use Law), HRS, as amended, are to: • preserve, protect and encourage the development of lands in the State for their best uses in the interest of the public welfare; and • protect, conserve, and rationally develop the State's urban, agricultural, and conservation lands using a coordinated and balanced approach. To achieve those purposes, four districts (Agricultural, Rural, Urban, and Conservation) were created and responsible enforcement governing entities were established. A process to establish uses other than what was permitted was also established, such as the State Land Use boundary amendment or Special Permit processes. Hence, the State Land Use Law, as also expressed by the Commission's rule, is not limited only to the promotion of objectives but its effectiveness. And the concept of effectiveness is measured also by the process by which certain uses are allowed. Because the soil of the subject site is classified"D" or"Poor"by the Land Study Bureau's Detailed Land Classification System, it could be maintained that the land is unsuited for agricultural purposes and the proposed use would not result in the removal of critical agricultural lands. Notwithstanding that classification, however, it should be noted that while intensive soil-based crops may be difficult to sustain on the subject site, other agricultural activities that are not heavily soil-based can take place. The fact that the site is not barren but consists of ohia trees and Other vegetation attests to this potential. 15 i SPP No. 12-000138 Page No. 002526 Further, while the Applicants' agricultural curriculum may arguably be considered agriculturally-related,that is only one small component of the overall basic use. The basic use is still a pre-K to 12 school capable of accommodating nearly 400 students, a dormitory, a gymnasium, about 50 full- time and 17 part-time employees, as well as their associated support requirement that spans over 70 acres of land. Thus, the issue here is not necessarily limited to the proposed use itself, as some schools have been allowed through the Special Permit process. The issue is whether the proposed development—because of its scale- is a "reasonable" use at this particular location and whether it would promote the effectiveness and objectives of Chapter 205, HRS .Fudge Yoshioka (Ret.) in his testimony,talked about the State Supreme Court's decision on Neighborhood Board No. 24 (Waianae Coast) v. State Land Use Commission wherein the Court determined that the use of the Special Permit process for a proposed recreational theme park on 102 acres "frustrates the objectives and effectiveness of the Hawaii's land use scheme". The purpose of the Special Permit process"is to provide land owners relief in exceptional situations where the use desired would not chan a the essential character of the district nor be inconsistent therewith."(Emphasis added) He then opined that"If this commission(Planning Commission) follows the principles enunciated in the Neighborhood Board decision, I believe you will conclude that the construction of this school will be contrary to the 6-3(b)(5) of the Planning Commission Rules of Practice and Procedures as it will substantially alter or change the essential character of the land and the present use, thereby requiring a district boundary amendment rather than a special permit." While it is true that a considerable portion of the Kamehameha Schools campus in Keaau sits on State Land Use Agricultural district and was issued a Special Permit by the State LUC, it was not judicially challenged and, unlike this application, there were no intevenors contesting the decision. It should also be noted that almost all of the Hokulia development in South Kona is situated on lands within the SLU Agricultural District. The project has a golf course, a members clubhouse, and a number of 1-acre sized lots with agricultural covenants—principally coffee. In spite of the golf course being allowed then without a Special Permit and 1-acre sized lots being permitted by both the County Zoning Code and State Land Use Law, in 2003, Judge Ronald Iharra ruled that the project was more of an urban use and thus ordered, among other things, that the lands be reclassified into either the Urban or Rural district. 16 i SPP No. 12-000138 Page No. 002527 Along those lines,the issue is whether the use of the Special Permit process for the proposed school—particularly given its size and scale and attendant impacts, as well as its proximity and adjacency on the north end to properties within the State Land Use Urban district - would frustrate and undermine the objectives and effectiveness of the State Land Use Law. In this situation, the proposed development does have the effect of urbanizing the site. It should be noted that the schools are considered a permitted use in the commercial zones of the County Zoning Code. The recognition here is that a school generates impacts comparable to commercial projects. Schools, however, are not permitted within the County Single-Family Residential and Agricultural zones. They could be allowed only if a Use Permit—which is a form of a zoning variance - is granted by the Planning Commission. The concept of the Use Permit is similar to the Special Permit. The breadth, size, scale, and associated impacts of a proposed use help dictate whether either a) the Use Permit or the rezoning process or b) the Special Permit or Boundary amendment process—as the case may be - is more appropriate. A Use Permit is issued by an administrative agency(Planning Commission), whereas rezoning requires approval of an elected body, the County Council. A Special Permit is issued by the Planning Commission, except as in this situation, if the site exceeds 15 acres subsequent approval by the State LUC. A boundary amendment requires approval of the State LUC and subsequently rezoning approval by the County Council. Given the project's proposed urbanizing impact to the adjoining community and residents, the more rigorous and transparent land use permitting process would be more appropriate. 67. Rule 6-3(b)(5)(B): The desired use would not adversely affect surrounding Properties. The Planning Department, in its revised favorable recommendation, did clearly acknowledge that the proposed use would have adverse affects on surrounding properties, while adding that they could be mitigated_ However, while there is consensus between Mr. Gomes and the Planning Department that the proposed use will have adverse impacts, there is a difference relative to whether these impacts could be mitigated. Mr. Gomes believes that the proposed traffic and noise mitigation are not commensurate with the proposed adverse impacts. Further,the adverse impacts are not necessarily limited to traffic and noise. While community support of a development is not a mandate for receipt of a favorable consideration of an application, having the community weigh in on 17 i SPP No. 12-000138 Page No. 002528 a matter is not only a consistent with the principles of democracy but lends some insight of the community's thoughts to decision-makers. In that regard, as made painfully evident by the number of verbal and written testimonies by residents who live or own properties adjacent and/or proximate to the proposed development, the project would have an adverse impact to surrounding properties. A petition was presented to the Planning Commission noting that 92% of the residents/landowners within the Pacific Plantation Subdivision opposed the project at this location. Of those within 500 feet of the project, 68%signed a petition opposing the project. Of the remaining 32%lot owners or residents, many were vacant lots and could not be personally contacted. These concerns relate to possible adverse real property tax implications as well as diminished quality of life associated with the traffic, noise, and visual impacts resulting from this project. This diminution of quality of life is further supported by the Police Department who concluded that "This proposed school is being place in a residential area that will likely effect(sic) the quality of life for residents that border this proposed site. There will be an increase in noise, crime and traffic. 1 1 The development will result in the removal of substantial amount of ohia trees and associated vegetation, particularly on the lower portion of Edita Street. The trees will be replaced by a number of large non-residential looking structures, parking lots, and other improvements that cannot visually take on a low density residential flavor. These structures would thus not be visually compatible with the surrounding residential area. Concerns over the proposed development's traffic impact were raised by members of the community at the Applicants' initial meeting with the community on June 3, 2011. This has been a consistent theme expressed throughout the various meetings between the Applicants and the community and before the Planning Commission. At the same time,the Applicants have steadfastly maintained that the project is "not expected to generate large increases in traffic volumes and would not result in adverse impacts to traffic and circulation pattern in the project area. "They also noted that "the findings of the TIAR (Traffic Impact Analysis Report)are conservative and lively overestimates total trip generation for the project"as it does not take into account that "approximately 30 percent of Connections'students are bused to school...... 18 r SPP No. 12-000138 Page No. 002529 It should be noted that that percentage relates to the school's existing operation, not projected for this location. Relative to this school, the Applicants have commented that they will have 2 buses. At an average of 30 students per bus, that amounts to 60 students out of its projected estimate of 400 students. This means that only 15% and not 30% percent of the students will be bused to school. The rest will presumably be driven, as evidenced by the comments of the traffic consultant who stated that no sidewalks are needed along Edita Street as students will not be walking to the school, According to the TIAR, the project is anticipated to generate 187 movements during the AM peak hours on Kaumana Drive. The TIAR also notes that the existing movements are 321. This amounts to a 58% increase over the existing levels. Relative to Edita Street, there are 62 total movements. With the school's projected 187 movements, that would amount to over a 330% increase. Collectively, then, the impacts will be substantial, particularly along Edita Street. Nevertheless, the TIAR maintains that even with the development, the levels of service or LOS will continue to operate at "A" or «B„ LOS does not fully account for variation in perceptions of quality of life. The ones who will be mostly impacted by the project are the adjoining residents and property owners. An overwhelming majority of them have maintained that impacts would be adverse. If it were only one or two, that would be a different story,but that is not the case here. But there was no contact with the community by the traffic consultant, Mr. Phillip Rowell, on this matter during the research and preparation of the TIAR. The TIAR was based on traffic counts taken on May 2 8,2009, Mr. Rowell testified that his conclusion would not change in spite of the counts not taking into consideration the fact that the seniors at Hilo High School had already graduated and that the University of Hawaii at Hilo, Hawaii Community College, and Kamehameha School had also all ended. This is a conclusion not explicitly supported by the County Traffic Engineer,Mr. Ron Thiel, who testified that"It(its exclusion)actually could make it(TIAR) even worse." At the same time, Mr. Rowell testified no sidewalks along Edita Street were needed, as students were not expected to walk to the campus, thus suggesting that all students, faculty, and employees would be driven or bused to the project area. Additionally, while the ITE guidelines which were used to 19 i SPP No. 12-000138 Page No. 002530 develop the TIAR suggests that intersections within 1/2 mile of the project area be evaluated, there was no evaluation of the Chong Street/Kaumana Drive intersection, an intersection coming at a sharp curve and located about '/,, mile from Edita Street. Further,the former Planning Director, Ms. Leithead Todd,testified that the project would benefit by having an alternative access. Mr. Rowell also testified that based on his experience, if the request were to be considered by the State LUC, it would be the best place for an updated TIAR. He added that an updated TIAR would be appropriate for two reasons: 1) the traffic counts were done 4 years ago; and 2) the list of related projects and background forecasts would need to be updated. On this application, while the State LUC has the authority to approve the Special Permit, the Planning Commission has the initial ability to deny the Special Permit. Given Mr. Rowell's testimony that the TIAR should be updated, it would thus be only logical that the decision-maker—whether for approval or denial—should be equipped to have this report. In this instance, the Planning Commission does NOT have the benefit of this updated TIAR, let alone one that takes into account the proposed development's traffic impact to Chong Street and the possible need for an alternate access. Unlike areas relating to flora, fauna, archaeological, and even traffic, there was no commissioned social impact analysis or report. Had that been done and made part of the Applicants' submittal, many of the aforementioned concerns raised by Mr. Gomes and the community would have been clearly identified. And from there, it could have been more reasonably determined whether the impacts would be adverse and, in fact,mitigatable. Given the above plus the fact that nothing has tangibly materialized or proposed in terms of an alternative access, it would be difficult for the Planning Commission to conclude, at this stage,that the proposed development would have"no adverse impact"based on the existing TIAR and absence of a credible social impact analysis or study. 68. Rule 6-3(b)(5)(C): Such use shall not unreasonably burden public agencies to provide roads and streets, sewers,water,drainage,school improvements, and police and fire protection. The application represented that based on a 60 gpd standard, the amount of potable water required is 26,100 gpd. According to the DWS,potable water 20 SPP No. 12-000138 Page No. 002531 was limited to 4,200 gpd. The application further added that it understood "that the availability of water does constrain the scope of development on the property and intends to investigate other sources of water to support the project." The application and, as of late, the Applicants' pre-hearing brief, suggest that because of the 4,200 gpd cap, the proposed development will have to proceed in phase. However, the Applicants' witness, Kevin Louma, testified that through the use of LEED principles, the minimum and maximum water usage for the project with a cafeteria would be 6,848 gpd to 10,828 gpd(which is considerably less than the initial represented requirement of 60 gpd or 26,100 gpd for the entire development), In spite of that being more than the 4,200 gpd that can be provided by the DWS,there is no assurance that the proposed development,because of inherent initial infrastructure costs associated with a LEED certified project, will actually be developed as such. Thus, the consequence of the project exceeding its allocation becomes of concern. Specifically, whether the proposed development needs 6,848 gpd, 10,828 gpd or 26,100 gpd, the projected water use will still exceed the 4,200 gpd allocation. And the Applicants have not indicated how they will address the need to secure additional potable water. While the Applicants discussed use of the water catchment system, it was not to address the potable requirements. Not having this information is important, for as Mr. Kurt Inaba of the DWS testified, if the proposed development exceeded the 4,200 gpd allocation, it could have an impact to the neighboring area both in terms of pressure and availability. And the unavailability of adequate potable water for not only the proposed development but the community could burden the DWS to find means to address this need. Like the TIAR, not having this information and deferring it to some other governmental entity or time in the unknown future forces the Planning Commission to conclude and render a decision on issues that have not been fully addressed and are of significant concerns to adjoining property owners and the immediate community. As noted earlier,the Police Department has already commented that a school in this area will create an increase in noise, traffic, and crime. While noise may not necessarily directly relate to a Police function, traffic and crime do. 21 i E SPP No. 12-000138 Page No. 002532 Given the Police Department's comments,the proposed use would invariably create additional demand for police service. Further, because of the honeycomb of caves in this area, drainage and wastewater systems need to be carefully planned so as to mitigate their potential impacts to surrounding properties,particularly those situated makai or east of the subject site. The Applicants have not sufficiently demonstrated how these would be addressed except to say that they would comply with prevailing regulations. However,there is insufficient information at this time on this matter to conclude that there will be no drainage or wastewater impacts. 69. Rule 6-3(b)(5)(D): Unusual conditions, trends, and needs have arisen since district boundaries and regulations were established. The subject site abuts the State Land Use ("SLU") Urban district and County residentially zoned properties to the north. Adjacent properties to the southwest although within the SLU Agricultural district and County zoned A- la, have been developed and used for rural-residential purposes. The General Plan also designates the proposed site Low Density Urban. As such, the subject site could be considered an area generally bounded by urban and/or quasi-urban residential uses and thus, graphically and functionally,be considered a southerly extension of the existing SLU Urban district. Therefore, given the size and scope of the proposed development as well as its adjacency to the SLU Urban district, the property should be processed through the more rigorous and transparent SLU boundary amendment and County rezoning processes instead of as a Special Permit. While the concept of charter schools was given birth to after the district boundaries were established, they are not necessarily immune or exempt from the land use objectives. In that regard, while the filing of this application suggests a need for a new educational facility, the question is whether the proposed site is appropriate. As noted earlier, given that at least 50% of the projected student population will come from the Puna District and the adverse impacts the proposed development would have to the immediate community, insufficient analysis or thought was given to other properties,be they private or publicly-owned, 22 I SPP No. 12-000138 Page No. 002533 The State lands identified in the EA for the South Hilo District did not take into account their ability to be subdivided. Further, a cursory examination of other State lands in this area suggests that properties fronting the well- accessed Puainako Extension were not given careful consideration. In addition to looking at only State lands in the South Hilo District, the Applicants did not examine other potential State lands in the Puna District or any private lands. Potentially, some private lands—although with a higher initial acquisition cost—could be less costly to develop given the needed off- site infrastructure costs and the cost of new buildings and site improvement. Thus, it is difficult to conclude that there are unusual conditions, trends, and needs that justify the proposed use at this location. 70. Rule 6-3(b)(5)(E): The land upon which the proposed use is sought is unsuited for the uses permitted within the district. While the site's Land Study Bureau soil classification rating of"D"or"Poor" suggests the land may be unsuited for agricultural uses, it could still be utilized for different type of non-intensive agricultural uses, including hydroponically grown vegetables. Also, in this general area, it is not uncommon to find citrus, avocado and other fruit-bearing trees. Additionally, forestry and conservation uses are permitted in the Agricultural District. The subject site has a considerable stand of Ohia trees and veins of the Kaumana Caves extend throughout the site. The Hawaiian Hawk and Hawaiian hoary bats are known to roost in this area. Finally, the Applicants themselves have maintained that they can successfully conduct an agricultural program on the property, thus conceding that the land has agricultural potential. As such, it is difficult to readily and unequivocably conclude that the site is "unsuited" for these permitted uses as well as having the potential of non- intensive agricultural uses. 71. Rule 6-3(b)(5)(i): The use will not substantially alter or change the essential character of the land and the present use. The character of the land is primarily an ohia forest. It is vacant of any structures, To accommodate the proposed development, structures such as a dormitory, 10,500 square foot gymnasium,cafeteria,classrooms,etc. will all have to be constructed; parking lots to accommodate more than 140 vehicles will have to be provided;and 23 I SPP No. 12-000138 Page No. 002534 paved or improved access to and around the campus must be created. These structures and improvements are planned for at least 20 acres of the lower 37-acre campus. As such, from a relatively pristine ohia-forested area, a considerable amount of the lower portion of the site will now have urbanized structures and improvements consisting of concrete, asphalt, glass,steel,and wood. Thus the development will definitely and substantially alter and permanently change the essential character of the land and its present forestry/open space use. This is a position and finding that has also been echoed by the Planning Department, 72. Rule 6-3(b)(5)(G): The request will not be contrary to the General Plan and official Community Development Platt and other documents such as Design Plans. The General Plan Land Use Pattern AIlocation Guide Map designates the area for Low Density Urban uses. However, a school use is not necessarily a "low density" type of use. The County Zoning Code is designed to implement the General Plan. The Zoning Code allows schools within the various Commercial but not Agricultural or any of the residential districts, without first having a Use Permit. This is understandable, as a school—as in this instance with its nearly 400 students with direct and indirect support resulting in nearly 500 persons per day at the site—can easily generate commercial type of impacts. Because of the potentially adverse impacts a school may have on surrounding properties and/or immediate neighborhood, a Use Permit is required within the Agricultural or Residential zones. This process enables the community to weigh in on the application,while helping decision-makers understand the community's concerns. This type of transparency in the decision-making process is important to the democratic process and needed to help neutralize comments such as those from the Applicants that the Special Permit would be approved even before the application is filed or public testimony is given or the former Planning Director that the project would probably be approved. The Use Permit process and criteria are generally similar to the Special Permit. The criteria for a Use Permit read that a proposed use: 24 i SPP No. 12-000138 Page No. 002535 Shall not be materially detrimental to the public welfare nor cause substantial adverse impact to the community's character, to surroundin properties; and Shall not unreasonably burden public agencies to provide roads, and streets, sewer, water, drainage, schools,police and f re protection and other related infrastructure. (Emphasis added) As discussed above, the proposed development would not meet those two criteria, particularly its adverse impact to the community's character and to surrounding properties. The adverse impact to the community has been well attested to by the numerous testimonies, letters, emails, and petition from area residents who oppose the use of the subject property for the Applicants' development. Thus, since the Zoning Code implements the General Plan and if a project—as in this case - cannot meet the Use Permit test, it would be difficult to conclude that the request would be consistent with the General Plan. In that regard, there are a number of pertinent elements in the General Plan that cannot support the proposed development. These are as follow: Economic Element Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural, and social environment. (emphasis added.) Provide residents with opportunities to improve their quality of life through economic development that enhances the County's natural and social environments. Again, while the concept of a school may have some economic benefits, it would not be compatible with the surrounding rural/residential uses. Further, directly impacted residents would have their quality of life diminished, not enhanced. 25 I SPP No. 12-000138 Page No. 002536 Public Facilities Element Goal: Encourage the provision of public facilities that effectively service the community and visitor needs and seek ways of improving public service through better and more functional facilities in keeping with the environmental and aesthetic concerns of the community. (emphasis added.) Policy: Coordinate with appropriate State agencies for the provision of public facilities to serve the needs of the community. The issue here is not the wisdom of the Applicants' school. The issues are whether the proposed development at this specific location is appropriate and whether the proposed development would be effectively serving the community in a manner that would be in keeping with the environmental and aesthetic concerns of the community. It is concluded that this goal and policy would not be achieved at this location. The student community for the most part is from areas outside of the immediate community and there is no administrative assurance that children from the area would be able to gain entrance to the facility, The immediate community, which is going to have to bear the effects of this proposed use, has expressed environmental, social, and aesthetic concerns. The Applicants have not demonstrated that they have seriously investigated other properties that could better service their student population at a location where community and infrastructural issues would be less. Land Use Element Policy: Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments. Because of its adverse impacts, approval of this request at this location would disrupt the existing community. In so doing, its development would not be in balance with the physical and social environments of this area. While perhaps serving a regional need, the proposed development would not necessarily and effectively serve the needs of the adjoining community that will have to bear the brunt of impacts. If designed to serve a regional need, like the Kamehameha School in Keaau, the proposed development would be 26 I SPP No. 12-000138 Page No. 002537 more appropriate in an area where impacts to adjoining properties are not significant and/or impacts can be clearly mitigated. 73.Video clearly shows floodwaters not filling up or overflowing. Also showing water draining away directly under Connections proposed building site. The"Drywell on Edita Street"video clearly shows water flowing freely from mauka to makai in the bottom of the drywell without over flowing. EXHIBIT JG2 74. Pacific Legacy confirms the drywell on Edita Street is connected to Kaumana Cave and the school plans to build directly over the cave system. As experts hired by CPCS to investigate the Kaumana Lava Tube Complex stated in their investigation, "In more recent conversations with local reisdents" "If it did connect with Kaumana Cave, somewhere further makai, then the floodwp3tprs would not fill up the well and overflow, but would be drained away.r' This detailed investigation by Pacific Legacy proves the proposed plan to build the school on the makai parcel would be done directly over the Kaumana Cave system. RDA page1070. 75. EDSPECS requires 50 acres for a high school. John Thatcher testified under sworn oath that he used the EDSPECS to decide on the current property, John Thatcher states, "One of the findings there, if the school had a high school campus it should be 50 acres or more. The chosen site only has 35 acres for their high school. ROA page1B32 76. County Planning Department requires applicant remains responsible for all other governmental requirements in connection with the approved use. 27 I SPP No. 12-000138 Page No. 002538 EDSPECS requires; Fencing (minimum 6 feet) around the perimeter and secure gates at the entrances/exits are provided to allow the school controVdeter traffic(pedestrian and vehicular)onto the campus. ROA page 892, EXHIBIT JG6 77. Planning Department consideration; "the new K-12 school should not attempt to isolate Itself from the community" The school illegally put up 4 feet hog wire fence in total disregard to EDSPECS requirement of a 6 feet chain link fence after stating at a community meeting that a six feet fence would be built. RDA 884, EXHIBIT JG-6 SECTION 901-1, ROA 1263-1164 "You will see 16 red and white keep out signs posted on the hog wire fence" Henry K Lee Loy SUBMITTED WRITTEN TESTIMONY DATED 1111212013 John Thatcher testified under oath that there were four community meetings. He states, "the hardest concerns for us to understand were the concerns that the students, because they were poor, would be breaking into peoples houses." Minutes from all community meetings show nothing of anyone concerned about students breaking into homes or ever making such an awful statement. CC Transcript page 68-69, ROA pages 948-950, 969-970, 972-981 Mario Patino, former CPCS Board member, in written testimony to the Windward Planning Commission states, "The opposition has not offered to give us land in other areas of our town, nor offered much alternatives for our school other than placing signs of HATE on their lawns." There is no evidence of HATE signs. RDA page 1226 May 14,2012, John Thatcher attacks, threatens and bullies Sidney Fuke. RDA pages 1416-1420 November 14, 2012, John Thatcher continues to attack Sidney Fuke and calls Sidney, "One of the angry Kaumana neighbors." ROA page 1804 Jason Turner submitted written testimony. The ohia forest proposed for development is an important habitat for the endangered Hawaiian Hawk and 29 I SPP No. 12-000138 Page No. 002539 Hawaiian Hoary bat, and Connections School has neglected USFWS recommendations IAW EA report. ROA pages 1263-1264, 251 para 1 &2 Kerri Marks testified that as a Kaumana resident she had not heard of the project but saw the signs along Kaumana Drive. While trying to get information about the project from Ted Hong, when Kerri Marks identified herself as a neighbor who lives up the hill Ted Hong says, "Oh,you're the opposition." ROA page1614 John Rushlow testified, "I was not made aware at anytime about the school being built, about the fencing coming in, about the bulldozing going in" ROA page1612 John Thatcher's written testimony to the Windward Planning Commission states, "a community meeting was held at Kaumana Elementary School to discuss the CPCS Kaumana campus development. Community concerns were noted. One clearly articulated concern was for a fence to be erected around the part of the property that would be used as the main campus facility." Minutes from all community meetings prove that on one asked for a fence to be built. ROA page 1146, RDA pages 948-950, ROA pages 963-970, ROA pages 972-976 Ted Hong testifies to the Board of Land and Natural Resources, "They had four community meetings. in those community meetings several community members said you should fence the property to protect it and they did that. Again,same misleading story about the illegal fence project with no evidence of community members asking for a fence in the minutes. Exhibit JG-4 page 13, ROA pages 948-950, RDA pages 963-970, ROA pages 972-976 Connections hires personal friends of Ted Hong and John Thatcher who have criminal records,to illegally bulldoze perimeter of makai property and put up 4 feet hog wire fencing. Connections accuses the contractor they hired to do illegal land clearing and fencing of stealing ohia trees from the project site. Ted Hong releases this statement to the Hawaii Tribune Herald, "We were victims of a crime,"he said. "We didn't know what they were doing." ROA page 824, ROA pages 1057-1058 June 13,2012, contract between CPCS and On The Line Fencing is signed by Eric Boyd to illegally bulldoze and install illegal 4 feet hog wire fence. ROA pages 1057-1058 29 i SPP No. 12-000138 Page No. 002540 July 18, 2012, Ted H. S. Hong finally submits request for RIGHT OF ENTRY AUTHORIZTION after illegal land clearing and fencing have already been underway. No mention of bulldozing, land clearing or fencing is in the ROE for topographic survey. ROA pages 1013-1014. Ted H. S. Hong submits as evidence Contractor Complaint Form from the State of Hawaii Department of Commerce and Consumer Affairs signed by Sue Lee Loy. This form has no case number or stamped seal and was never submitted. DCCA has no record of this complaint. RDA pages153-1056 July 14, 2014, Justin Thatcher files police report describing theft of ohia trees, four days before Ted H. S. Hong files for right of entry which made no mention of bulldozing or fencing. RDA page 1018 August 01, 2012 William Eric Boyd gives investigating HPD officer C. Acob a home address of 161 B Lanikaula Street, Hilo, HI 96720. This is the arboretum. ROA page 1034. November 2012, Officer Edwin Shishido conducts follow up investigation on tree theft and concludes,"that CCS knew of the ongoing violations that was occurring. It is difficult to believe that CCS knew nothing of the bulldozing, grubbing, land clearing fencing and removal of ohia tree logs."Exhibit JG-5 last page October 2012, press release by Ted H. S. Hong. "a coordinated campaign of bullying, intimidation and harassment against Connections Charter School got uglier." RDA page 825 These types of illegal events, misleading statements and hurtful language by Connections Public Charter School and their representatives towards the residents of Kaumana,not only isolate the school from the community but, create huge barriers of distrust towards the school's administration and their ability to follow rules and regulations. lI. CONCLUSIONS OF LAW Based on the foregoing proposed Findings of Fact, the Planning Commission makes the following Conclusions of Law 30 r SPP No. 12-000138 Page No. 002541 1, To the extent that any of the Findings of Fact constitute Conclusions of Law, or Conclusions of Law constitute Findings of Fact, they shall be considered and construed as such. 2. The Planning Commission has jurisdiction over the Special Permit Application, including the ability to deny or recommend its approval to the State Land Use Commission, pursuant to Chapter 205-6, HRS and Rule 6 of the Planning Commission Rules. 3. Pursuant to HRS Section 91-10, the Applicants had the burden of proof on this matter before the Planning Commission, including the burden of producing evidence as well as the burden of persuasion to demonstrate how their request is consistent with the guidelines for a Special Permit as outlined by Chapter 205-6 and Planning Commission Rule 6. The Applicants have not adequately satisfied and thus failed to meet this burden. 4. The proposed development does not adequately meet the test or guidelines for a Special Permit as outlined by Chapter 205-6 and Planning Commission Rule 6. 5. The proposed development would not be consistent with the pertinent policies and objectives of the County General Plan, particularly as it might relate to impacts to the immediate community. 6. The Planning Commission does not rule upon Questions of constitutional law. III. DECISION AND ORDER Based upon the evidence presented in this matter and in accordance with the foregoing Findings of Fact and Conclusions of Law, and pursuant to Rules 4 (Contested Case Procedure) and 6 (Special Permits) of the Planning Commission Rules, the Planning Commission has adopted intervenor Jeffrey Gomes' Proposed Findings of Fact and Conclusions of Law and has ruled to reject the Applicants' Proposed Findings of Fact and Conclusions of Law. It is thus hereby decided and ordered by the Planning Commission that the Special Permit Application(SPP NO. 12-000138) of Connection New Century Public Charter school and Community Based Education Support Services be denied. 31 i SPP No. 12-000138 Page No. 002542 BEFORE THE WINDWARD PLANNING COMMISSION OF THE COUNTY OF HAWAII In the Matter of the Petition of ) APPLICATION SPP NO. 12-000138 CONNECTION NEW CENTURY PUBLIC ) ORDER ADOPTING PROPOSED CHARTER SCHOOL AND COMMUNITY ) FINDINGS OF FACT, CONCLUSIONS BASED EDUCATION SUPPORT ) OF LAW, AND DECISION AND SERVICES ) ORDER For a Special Permit to Establish a K-12 ) Charter School Campus, Dorm and Related ) Facilities and Improvements on Approximately ) 70 Acres of Land Situated in the State Land ) Use Agricultural in Kaumana, South Hilo, ) Island of Hawaii, State of Hawaii, Tax ) Map KeINo: (3)2-5-006., 141. _ CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February , 2014,I caused a true and correct copy of the foregoing document to be served on the following persons via Electronic Mail and U.S. Postal Mail: SANDRA P. SONG, ESQ. (sandrasonp@hawaiiantel.net) Hearings Officer 10 Kamehameha Avenue Hilo, HI 96720 TED H. S. HONG,ESQ. ted tedhon law.com Attorney for Applicant—Community Based Education Support Services (CBESS) P.O. Box 4217 Hilo, HI 96720 CARTER K. SIU, ESQ (Carter.K.Siu_ ha�gov} Attorney for Applicant—Connections New Century Public Charter School Department of the Attorney General State of Hawaii 233 South Beretania Street, Rom 304 Honolulu, HI 9813 1 i SPP No. 12-000138 Page No. 002543 AMY SELF, ESQ. (aself a go.hawaii.hi.us) Attorney for the County of Hawaii Planning Director Office of the Corporation Counsel County of Hawaii 333 Kilauea Avenue Hilo, HI 96720 Daryn Arai (da raiu co,hawa i.hi-us) Jeffrey Darrow 'darrow co.hawaii.hi.us) Planning Commission staff Planning Department County of Hawaii 101 Pauahi Street, Suite 3 Hilo, HI 96720 DATED: Hilo, Hawaii February , 2014 JEFF GOMES Intervenor 281 Edita Street Hilo, HI 96720 2 4 SPP No. 12-000138 Page No. 002544 i SPP No. 12-000138 Page No. 002545 LfNCOLN S. T. ASHIDA 4478 Corporation Counsel AMY G. SELF 7628 Deputy Corporation Counsel Office of the Corporation Counsel 333 Kilauea Avenue, Suite 210 Hilo, Hawaii 96720 Tel.No. (808)961-8251 Fax No. (808)961-8622 Email: aself(r�7co.hawaii.hi.us Attorneys for Duane Kanuha,County of Hawaii Planning Director BEFORE THE COUNTY OF HAWAII WINDWARD PLANNING COMMISSION In the Matter of SPP-12-000138 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY DUANE KANUFIA,COUNTY OF RAWAI'1 BASED EDUCATION SUPPORT SERVICES PLANNING DIRECTOR'S STATEMENT OF TAKING NO POSITION AS TO THE Application for Special Permit Application No. SUBMISSION OF FINDINGS OF FACT, 12-000138 CONCLUSIONS OF LAW AND DECISION AND ORDER; CERTIFICATE OF SERVICE TMK: (3)2-5-006:141; Kaumana, South Hilo, Hawaii DUANE KANUHA,COUNTY OF HAWAII PLANNING DIRECTOR'S STATEMENT OF TAKING NO POSITION AS TO THE SUBMISSION OF FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER DUANE KANUHA, COUNTY OF HAWAII PLANNING DIRECTOR,by and through his undersigned counsel, and in lieu of submitting Findings of Fact, Conclusions of Law and Decision and Order,states that he will take no position in this matter, but reserves his right to submit exceptions to the Findings of Fact, Conclusions of Law and Decision and Order submitted by the other parties in this matter. i SPP No. 12-000138 Page No. 002546 Furthermore, the Planning Director takes no position in this matter without prejudice to his ability to later participate should the need arise when the matter is before the Windward Planning Commission. Dated: Hilo, Hawaii,February 12,2014. DUANE KANUHA,COUNTY OF HAWAI`i PLANNING DIRECTOR By "Ll �� Z� AMY y CSELF Deputorporation Counsel His Attorney In the Matter of CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL 2 i SPP No. 12-000138 Page No. 002547 AND COMMUNITY BASED EDUCATION SUPPORT SERVICES Application for Special Permit Application No. 12-OD0138 DUANE KANUHA, COUNTY OF HAWAII PLANNING DIRECTOR'S STATEMENT OF TAKING NO POSITION AS TO THE SUBMISSION OF FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION AND ORDER 3 i SPP No. 12-000938 Page No. 002548 BEFORE THE COUNTY OF HAWAI'l WINDWARD PLANNING COMMISSION In the Matter of SPP-I2-000139 CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL AND COMMUNITY CERTIFICATE OF SERVICE BASED EDUCATION SUPPORT SERVICES Application for Special Permit Application No. 12-000138 TMK: (3)2-5-006:141; Kaurnana, South Hilo, Hawai'i CERTIFICATE OF SERVICE I HEREBY CERTIFY that on February 12,2014,a copy of the foregoing document was served upon the following in the manner indicated below: Hand Delivery Mail Email SANDRA P. SONG, ESQ. (X) 10 Kamehameha Avenue Hilo, Hawai'i 96720 Email: sandrasong-na awaiiantel.net Hearings Officer CARTER SIU, ESQ. (X) Deputy Attorney General State of Hawai'i 235 S. Beretania Street, Room 304 Honolulu, Hawai'i 96813 Email: Cwtcr.K.Siy@hawaii.gpy Attorney for CONNECTIONS NEW CENTURY PUBLIC CHARTER SCHOOL TED H.S. HONG, ESQ. (X) P. 0. Box 4217 Hilo, Hawaii 96720 Email; tcd@tcdhonLlaw.com Attorney for COMMUNITY BASED EDUCATION SUPPORT SERVICES SPP No. 12-000138 Page No. 002549 Hand Deliver Mail Email JEFF GOMES M 281 Edita Street Hilo, Hawaii 96720 Email: kalanigomes@bawaiiantel.net bawaiiantel.net Intervenor DARYN ARAI M JEFF DARROW County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Email: darai(@.co.hawaii.hi.us jdarrowy co.hawaii.hi,us Windward Planning Commission Dated: Hilo, Hawaii, February 12,2014. /') '—/� —,-d',4:� Y Y. SELF Deputy Corporation Counsel County of Hawaii 2 4 SPP No. 12-000138 Page No. 002550 4 SPP No. 12-000138 Page No. 002551 TED H. S. HONG 3569 Attorney at Law P. O. Box 4217 Hilo, HI 96720 Telephone No. 80$.933.1919 ted @tedhonglaw.com Attorney for Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 AMENDED CONNECTION NEW CENTURY PUBLIC ) SUBPOENA DUCES TECUM; NOTICE TO A CHARTER SCHOOL AND COMMUNITY ) PERSON OR ENTITY SERVED, WITH A BASED EDUCATION SUPPORT ) SUBPOENA DUCES TECUM WHO IS NOT SERVICES ) A PARTY TO THIS CASE ) Application for Special Permit Application ) [WITNESS: TERENCE YOSHIOKA] No. I2-000138 ) 1 TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) AMENDED SUBPOENA DUCES TECUM THE STATE OF HAWAII: TO: Any Officer authorized by law to serve subpoenas in the State of Hawaii YOU ARE COMMANDED to subpoena the following witness: TERENCE YOSHIOKA Address: 1572 Mele Manu Street, Hilo, Hawaii 96720 4 SPP No. 12-000138 Page No. 002552 WITNESS, YOU ARE COMMANDED to appear before a Notary Public from Island Court Reporting & Transcription Services, who is duly authorized to administer oaths, on Monday, October 21,2413; at 9:00 AM, at the Hilo State Building ("Old Court House"), 75 Aupuni Street, Hilo, Hawaii 96720, Conference Room A, B, C, to testify as a witness (at a County of Hawaii Windward Planning Commission Contested Case Hearing) on the part of the Applicant COMMUNITY BASED EDUCATION SUPPORT SERVICES (CBESS) taking of an oral deposition in the above-entitled matter. YOU ARE FURTHER ORDERED to bring with you the original and 4 copies for a total of 5 sets of the books, papers, documents or other things in your possession or under your control, described as follows: I. Your current Curriculum Vitae. 2. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two (2) years related to Hawaii Revised Statutes Chapter 343. 3. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two (2) years related to Hawaii Revised Statues Chapter 205A. 4. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, andlor provided data for within the past two (2) years related to HAR Title 15, Chapter 15. 5. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two (2) years related to HAR§15-15-95(e). 2 I SPP No. 12-000138 Page No. 002553 6. Any and at] reports, opinions, finds of facts or conclusion~ you have authored, co- authored, and/or provided data for within the past two (2) years related to the Charter of the County of Hawaii. 7. Any and all reports, opinions, finds of facts or conclusions you have authored,co- authored, and/or provided data for within the past two (2) years related to the County of Hawaii Planning Department Rules and Procedures. 8. Any and all reports, opinions, finds of facts or conclusions you have authored, co- authored, and/or provided data for within the past two (2) years related to County of Hawaii Planning Commission Rule 6. 9. Any and all documents and correspondence memoranda, letters, correspondence, emails within the past two (2) years to present, that mentions CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES (otherwise known as CBESS), and/or the school project currently being considered by the Windward Planning Commission on the property located at Tax Map Key (3) 2-5-006: 141, which is on the southwest side and the northeast side of Edita Street, at its intersection with Kaumana Drive. 10. Any and all communications from directors or officers of the group Kaumana community association to members of the group Kaumana community association within the past two (2) years to present that mentions CONNECTIONS and/or COMMUNITY BASED EDUCATION SUPPORT SERVICES (otherwise known as CBESS), and/or the school project currently being considered by the Windward Planning Commission on the property located at Tax Map Key (3) 2-5-006: 141, which is on the southwest side and the northeast side of Edita Street, at its intersection with Kaumana Drive. 3 I SPP No. 12-000138 Page No. 002554 WITNESS; you are hereby commanded to appear at the time and place indicated to testify; you are to bring all of the above described records with you. DATE ISSUED. Hilo Hawaii SANDRA P. SONG Hearings Officer 4 i SPP No. 12-000138 Page No. 002555 NOTICE TO A PERSON OR ENTITY SERVED WITH A SUBPOENA DUCES TECUM WHO IS NOT A PARTY TO THIS CASE The Subpoena attached hereto should specifically set forth the materials sought to be subpoenaed. Any person and/or entity or their attorney objecting to the Subpoena or to disclosure of any materials subpoenaed shall appear on the date and at the time and place for return indicated on the Subpoena and State their objections. Failure to object on the return date may be considered a waiver of any objections. The person or entity subpoenaed or their counsel may submit a written statement of objections to the Hearings Officer listed above. If a person or entity objects to disclosure of only part of the material, the pages or sections of material considered confidential and/or nondisclosable shall be tabbed or marked for the Hearings Officer. Matters presented at the return may be continued from time to time without further notice except as announced at the time of return. 5 i SPP No. 12-000138 Page No. 002556 4 SPP No. 12-000138 Page No. 002557 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaurnana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE: ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: cl-elle LN 9CAC" Address Where Served: Type of Document Served old /I b4lo o Date of Services: /ge. V. I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. e• ra�/) Print Name f Server .—�.��1/ Acknowledgement of Hearings Officer Sandra Song i SPP No. 12-000138 Page No. 002558 i SPP No. 12-000138 Page No. 002559 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE } Application for Special Permit Application } No. 12-000138 } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: _KQr� lV\aba L6�(A& Jlblt�flh— Address Where Served: Type of Document Served Ws�- L44�1117 -,P-- , Date of Services: /r` fero- Crovx I verify that the statement are true to my personal knowledge and belief and do certify that I receive a fully executed copy of the document(s) listed above and that I served same on the Served above on the Date and Time of Service and the Address listed above. Print Name o Server 4.141 AAO)A- Acknowledgement of Hearings Officer Sandra Song 4 SPP No. 12-000138 Page No. 002560 i SPP No. 12-000138 Page No. 002561 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE } Application for Special Permit Application ) No. 12-000138 ) } TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii } RETURN OF SERVICE: ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: a e Address Where Served: Type of Document Served /& IrAfi/tw lex. X 14 A- 1-4 d)46prv2 4, Date of Services: I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the P rved above on the Date and Time of Service and the Address listed above. r Print Name of Server 1;7,,7 X Acknowledgement of Hearings Officer Sandra Song i SPP No. 12-000138 Page No. 002562 i SPP No. 12-000138 Page No. 002563 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of P Serviced: f 17 ' i Address Where Served: Type of Document erved 101 Paw+&i Q--# } K to tH Date of Services: /V # Ifoi9 I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. e: Print Name of erver / �' Acknowledgement of Hearings Officer Sandra Song I SPP No. 12-000138 Page No. 002564 i SPP No. 12-000138 Page No. 002565 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: Yi k NM orxw ZZ 2w "1 le 6Y Address Where Served: Type of Document Served Nl/i n o A. � to �1 t ���� �� b ,�j Date of Services: 10, X 0'3 I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s)listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. Si Print Name of Server Dj 1,1 f-W r 141 !4 Ili Acknowledgement of Hearings Officer Sandra Song i SPP No. 12-000138 Page No. 002566 I SPP No. 12-000138 Page No. 002567 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE.ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: r�- Address Where Served: Type of Document Served VV 16, Vk 0 0 (fi-, '.-�k A Date of Services: [ 0, '�v X 16 I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. r Print Name of Server } Acknowledgement of Hearings Officer Sandra Song SPP No. 12-000138 Page No. 002568 i SPP No. 12-000138 Page No. 002569 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No, 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141;Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE; ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: Address Where Served: Type of Document Served I n L4 Date of Services: I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party,Served above on the Date and Time of Service and the Address Iisted above. f� w Sign ed . Print Name of Server Mi Hid Wfi Acknowledgement of Hearings Officer Sandra Song I SPP No. 12-000138 Page No. 002570 i SPP No. 12-000138 Page No. 002571 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii RETURN OF SERVICE: ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: Address Where Served: Type of Document Served Date of Services: +d.4.a00 I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. Si Print Name of erver Priffid C�,P # Acknowledgement of Hearings Officer Sandra Song 4 SPP No. 12-000138 Page No. 002572 i SPP No. 12-000138 Page No. 002573 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:I41; Kaumana, South Hilo, ) Island of Hawaii ) RETURN OF SERVICE• ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Serviced: Tj' A!114 Kyl C4 ZZZ,124 &YVI ) Address Where Served: Type of Document Served Date of Services: I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the documents) listed above and that I served same on the Party S ed above on the Date and Time of Service and the Address listed above. e• ;t qa - Print Name of Server / i lhU -67441(0 Acknowledgement of Hearings Officer Sandra Song 4 SPP No. 12-000138 Page No. 002574 SPP No. 12-000138 Page No. 002575 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } } CONNECTION NEW CENTURY PUBLIC } CHARTER SCHOOL AND COMMUNITY } BASED EDUCATION SUPPORT SERVICES RETURN OF SERVICE, } ACKNOWLEDGMENT OF SERVICE } Application for Special Permit Application } No. 12-000138 } } TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii } RETURN OF SERVICE;ACKNOWLEDGMENT OF SERVICE Name of Party Serviced: Signature of Party Se ed: Do-417 Address Where Served: Type of Document erved IM 1�. wio V14n 0 (Y , "b 11kV ?� Date of Services: I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. r,e: �A - Print Name Server 1'1 1 Acknowledgement of Hearings Officer Sandra Song 4 SPP No. 12-000138 Page No. 002576 SPP No. 12-000138 Page No. 002577 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of } SPP No. 12-000138 } CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES } RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, ) Island of Hawaii RETURN OF SERVICE;ACKNOWLEDGMENT OF SERVICE N of Party Serviced: Signatur o Party rviced: Address Where Served: Type of Document Served , K�( Date of Services: I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the P Served above on the Date and Time of Service and the Address listed above. Sign e• Print Name of rver Acknowledgement of Hearings Officer Sandra Song 4 SPP No. 12-000138 Page No. 002578 i SPP No. 12-000138 Page No. 002579 BEFORE THE WINDWARD PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTION NEW CENTURY PUBLIC ) CHARTER SCHOOL AND COMMUNITY ) BASED EDUCATION SUPPORT SERVICES } RETURN OF SERVICE, ACKNOWLEDGMENT OF SERVICE Application for Special Permit Application ) No. 12-000138 ) TMK: (3)2-5-006:141; Kaumana, South Hilo, } Island of Hawaii ) RETURN OF SERVICE-, ACKNOWLEDGMENT OF SERVICE NaJmre of Faity Serviced: S' tore a Party Serviced: n `D . Address Where Served: Type of Documen rved Date of Services: 10,A- N L1 I verify that the statement are true to my personal knowledge and belief and do certify that I received a fully executed copy of the document(s) listed above and that I served same on the Party Served above on the Date and Time of Service and the Address listed above. Si at e: 1 Print Name of Se er Acknowledgement of Hearings Officer Sandra Song i SPP No. 12-000138 Page No. 002580 i SPP No. 12-000138 Page No. 002581 SANDRA PECHTER SONG 1552 10 Kamehameha Avenue Hilo, Hawaii 96720 Tel. No. (808) 933-9212 Fax No. (808) 935-3945 Hearing Officer BEFORE THE PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 } CONNECTIONS NEW CENTURY PUBLIC ) HEARING OFFICER'S REPORT; CHARTER SCHOOL and COMMUNITY ) CERTIFICATE OF SERVICE BASED EDUCATION SUPPORT ) SERVICES ) Hearing Dates: October 21,2013, October 22, 2013, November 12, 2013, January 8, 2014 Application for Special Permit Application ) and January 21, 2014 No. 12-00013 8 } } TMK: (3) 2-5-006-141; Kaumana, South } Hilo, Hawaii ) HEARING OFFICER'S REPORT This matter came on for contested case hearing before your Hearing Officer on October 21, and 22, 2013,November 12, 2013, January 8 and 21, 2014. At the hearing, Applicant, Connections New Century Public Charter School was represented by its counsel, Carter K. Siu, and Applicant Community Based Education Support Services was represented by its counsel Ted H.S. Hang. Applicants Connections New Century Public Charter School and Community Based Education Support Services will hereinafter be collectively referred to herein as "Connections". Also at the hearing,the County of Hawaii Planning Director (hereinafter"Director") was represented by his counsel, Amy G. Self; and Intervenor Jeffrey K. Gomes (hereinafter "Gomes"), represented himself pro se. At the close of the hearing,the parties were provided with an opportunity to submit proposed findings of fact in this case. Connections and Gomes submitted proposed findings on February 12, 2014. The Director submitted a statement on February 12, 2014 indicating that he was not taking any position in this matter and would not be filing proposed findings of fact. The I SPP No. 12-000138 Page No. 002582 Director did, however, reserve the right to submit exceptions to findings submitted by other parties in this matter. After considering all of the evidence presented at the hearing,the entire record in this proceeding, and the proposed findings of fact submitted by Connections and Gomes,your Hearing Officer makes the following findings of fact, conclusions of law, and recommended order in this case: FINDINGS OF FACT 1. Procedural Backj.round 1. This matter involves an application filed by Connections on July 25, 2012, for a special permit, pursuant to Section 205-6, Hawaii Revised Statutes ("HRS") and Rule 6 of the County of Hawaii Planning Commission Rules of Practice and Procedure (hereinafter "Commission Rules") to allow the development of a charter school campus with dorm facilities and related improvements for students in kindergarten through twelfth grade (hereinafter, the "Development"), on 70.15 acres of land situated within the State Land Use Agricultural District, at Ponahawai, Kukuau 2nd, South Hilo, Hawaii; commonly referred to as the Kaumana area of Hilo, designated by State of Hawaii Tax Map Key ("TMK") (3) 2-5-006-141 (hereinafter, the "Property"). 2. Connections has leased the Property on which the Development is proposed from the State of Hawaii under General Lease No. S-6029. 3. Notices of the Windward Planning Commission of the County of Hawaii (hereinafter "Commission") hearings on the proposed Development were provided to property owners surrounding the proposed Development. 4. The Commission held public hearings on the Connections application on November 12, 2012, December 6, 2012 and January 10, 2.103. At the hearing held on January 10, 2013, the Commission voted to deny the Connections application and instructed the Commission staff to prepare proposed findings of fact, conclusions of law and order, which would be considered for adoption by the Commission at its meeting of March 7, 2013. 5. At the Commission meeting of March 7, 2013, the Commission suspended the preparation of the findings of fact, conclusions of law and order, and granted a request by 2 i SPP No. 12-000138 Page No, 002583 Connections for a contested case on the subject application. Gomes also submitted a petition to intervene in this matter on March 7, 2013, and the Commission admitted him as a party to the proceeding. 6. A petition to intervene in this proceeding was filed by "Terrence Yoshioka on November 4, 2013, after the contested case hearing in this proceeding had already commenced. On November 8, 2013, your Hearing Officer denied this petition in accordance with Rule 4-6 of the Commission Rules, on the ground that the subject petition was untimely filed. 7. The Director is a party to this proceeding pursuant to Rule 4-7(a) of the Commission Rules. The Director initially recommended approval of the Connections application, subject specific conditions, but took no position on the application at the contested case hearing. 8. The subject application involves a parcel of land greater than fifteen acres in area. Therefore, any permit approved by the Commission is subject to final approval by the State Land Use Commission 11, Proposed Development A. General Description 9. The Connections application proposes the development of a K to 12 charter school campus with dorm facilities, and an intergenerational program that would provide childcare and eider care at a single facility on the Development, together with related uses on the 70-acre parcel of land. As the site is bisected by Edita Street, the lower portion of the Development would consist of the major school or campus facilities, while the upper portion would be used for outdoor type of educational programs, including a forestry preservation program. 10. The lower campus would support a projected 167 elementary students, 107 intermediate students, 107 high school students (381 K through 12 students) and 25 intergenerational clients. Also included would be a dormitory capable of supporting 30 students, a gymnasium, kitchen/dining facility, Iibrarylresource center, caretaker's residence and other related facilities. Two parking lots capable of supporting 140 parking stalls would be provided. 11. The Development would relocate and expand the existing charter school which is presently operating from two separate campuses. The elementary and middle schools are located in the Kress Building on Kamehameha Avenue, in downtown Hilo, and the high school is located SPP No. 12-000138 Page No. 002584 in leased facilities at the Nani Mau Gardens,just outside of Hilo town. 12. Connections proposes having 50 full-time and 17 part-time employees at full build- out of the Development, which is the same number presently employed for this charter school. 13. Connections anticipates that 50%of the student population will come from the Hilo area and 50% from the Puna area miles away from the Development. The present student population for this charter school is composed primarily of students from these two geographic areas. 14. The Development does not propose to establish a charter school on the Property to serve the needs of immediate vicinity in the Kaumana area of Hilo, although some students from the area may attend this school. 15. The Development is intended to be constructed in 9 phases and completed within 16 to 25 years. The first phase would include the caretaker's residence, high school and administration building, with the projected opening to be within 2.5 to 3.5 years. B. Public Utilities and Services Access/Traffic 16. Access to the Development is proposed from Edita Street which connects with Kaumana Drive, a major Hilo artery. Both roads are owned and maintained by the County of Hawaii. Edita Street has a 60-foot right-of-way width, with a 48-foot wide pavement width fronting the Development. The paved area accommodates two 20-foot wide travel lanes, a 20- foot wide shoulder on the northeast side of the road, and an 8-foot wide shoulder on the southwest side. Edita Street is in good condition; however, the Hawaii County Police Department recommended that the unpaved shoulder along Edita Street extending from Kaumana Drive to the Development should be paved so that pedestrians could safely walk along the shoulder. 17. A Traffic Impact Analysis Report ("TIAR") dated June 28, 2010, was prepared in conjunction with the Connections application for the purpose of evaluating the Development's impact at the Development's entrance at Edita Street and at the Edita and Kaumana drive intersection. Based upon traffic counts taken on May 28, 2009, the TZAR found that the current level of service or LOS operates as LOS "A'' or"B", meaning that the traffic service is 4 4 SPP No. 12-000138 Page No. 002585 uncongested. The TZAR also concluded that upon full build-out of the Development, the LOS will continue to operate at levels "A"or "B". Although the TIAR concludes that traffic will not be adversely affected by reason of the Development, the County Department of Public Works recommended that a separate left turn lane onto the Development from Edita Street should be constructed to alleviate congestion, and that Connections should prepare a comprehensive traffic management plan for the Development. 18. Notwithstanding the findings of the TIAR and the recommendations of the Police Department and Department of Public Works, the area residents uniformly expressed concerns about the adverse traffic impact of the Development along Edita Street and Kaumana Drive. Also, residents objected that the TIAR was four years old and the traffic counts contained in the TZAR were taken when certain schools were not in session. Water 19. A maximum of 4,200 gallons per day (hereinafter"gpd") of water or seven (7) water units from an existing 8-inch waterline on Kaumana Drive for the upper campus and from an existing 8-inch waterline on Edita Street for the lower campus, is available from the County of Hawaii municipal water system to service the entire Development. Based on a 60 gpd per student standard, 4,200 gallons of County water could only support 70 students. At full build-out the entire Development would require 26,100 gpd. 20. Notwithstanding the unavailability of potable water from the County system for the Development,the existing 8-inch waterline within Edita street is adequate to provide the required 2,000 gallons of water per minute for fire protection of the proposed Development. 21. The available water from the County of Hawaii municipal water system is insufficient to support the first phase of the Development. 22. Connections has proposed using water efficient fixtures and supplementing the available County water with either a catchment system for non-potable water or developing an additional water source. However, Connections has not produced any evidence to demonstrate that it has or can develop sufficient water for the Development. Wastewater 23. Connections is proposing to provide its own wastewater system meeting the 5 I SPP No. 12-000138 Page No. 002586 requirements of the State of Hawaii Department of Health (hereinafter"DOH"). Connections prefers installing an ecologicaVbiological wastewater system called the "Living Machine". However, should such a system prove to be unfeasible, Connections would install a traditional septic system with leach fields or any other system required by DOH. Drainage 24. The Property is located within Zone "X" on the U.S. Department of Army Corps of Engineers Flood Insurance Rate Map, which means that the Property is outside the 500-year flood plain. Notwithstanding this flood designation, during severe storms water has been known to overtop the concrete channel and flow across Edita Street; resulting in flooding of adjacent properties. Connections proposes to prepare detailed engineering studies for the purpose of developing appropriate drainage plans to address the potential flood hazard posed by the present condition of Edita Street. Utilities 25. Electrical and telephone services are available to the Property through overhead lines along Edita Street and Kaumana Drive. Public Safety 26. The Hawaii County Police Department expressed concern that the Development would increase noise, crime and traffic. However, there was no evidence that the Police Department lacks the ability to provide police protection for the Development. Ill. PHYSICAL CHARACTERISTICS OF THE PROPERTY AND SURROUNDING AREAS 27. The Property is presently vacant and undeveloped. 28. Surrounding lands to the south and west of the Property are zoned A-la, with properties further south being zoned A-20a and-10A. Lands to the north of the Property are zoned RS-10 and RS-15, with some lands zoned A-3a further north across Kaumana Drive. One parcel is also zoned Open adjoining the northeast corner of the lower portion of the Property. Surrounding uses consist mainly of single-family residences with some vacant lands, and a small percentage of agricultural activity. 29. The soils on the Property are primarily composed of pahoehoe lava flow. The State 6 i SPP No. 12-000138 Page No. 002587 Department of Agriculture's map showing agricultural lands of importance to the State of Hawaii shows the Property as being unclassified. Also, the Land Study Bureau classifies the soil on the Property under its detailed land classification system, as "D" or "Poor"for agricultural activity. 30. No archaeological sites have been found on the Property, and its is surmised that any pre-existing sites would have been destroyed by the lava flow of 1880-1881. Although Connections submitted a request to the State Historic Preservation Division("SHPD"), by letter dated August 17, 2010, requesting a"no-effect"determination from that agency, SHPD has not responded to the request. 31. A portion of the Kaumana Cave is accessible from the upper portion of the Property. Connections is proposing to refrain from constructing any major school facilities on the upper portion of the Property and to maintain a minimum 100-foot buffer on either side of the cave alignment to alleviate concerns about impact from the Development on the cave ecosystem. 32. A botanical survey of the Property identified 11 native plant species, but none of those species are considered protected species. 33. Invertebrate, mammalian and field surveys were conducted on the Property. No protected species were documented to be present on the Property. 34. No traditional or customary native Hawaiian rights have been identified as being exercised on the Property. Likewise, there is no known public access to the mountains or the shoreline that runs through the Property. IV. STATE AND COUNTY PLANS 35. The Property is within the State Land Use Agricultural District. A school is not a permitted use within the Agricultural district; however, a school may be permitted in this district if a special permit is obtained for such use pursuant to Section 205-6, HRS and Rule 6 of the Commission Rules. 36. The County of Hawaii General Plan Land Use Pattern Allocation Guide ("LUPAG") Map designates the Property for low density urban uses. The LUPAG designation of Low Density urban use, allows for residential uses, with ancillary community and public uses, and neighborhood and convenience-type commercial uses. The Development is not proposed to be a community or public use for the Kaumana area of Hilo. 7 I SPP No. 12-000138 Page No. 002588 37. The County of Hawaii zoning for the Property is Agricultural with a minium lot size of one-acres(A-1 a). Under Section 25-5-72(d) of the Hawaii County Code, a school is permitted in an Agricultural zoned district provided that a special permit is issued for the use if the land is within the State Land Use Agricultural District. 38. The Development, which is proposed to be located on State land, is subject to the Hawaii State Environmental Impact Statement law, Chapter 343, HRS. Connections prepared an environment assessment in accordance with Chapter 343, and declaration with a finding of no significant impact was issued for the Development by the State of Hawaii Department of Land and Natural Resources. 39, The Property is not situated within the Special Management Area("SMA"), since it is located over three miles from the nearest shoreline. Thus, the coastal environmental considerations relating to the SMA are not applicable to the subject Property. V. SPECIAL PERMIT REQUIREMENTS 40. HRS Section 205-6, which governs special permits, provides in pertinent as follows: "(a) The county planning commission may permit certain unusual and reasonable uses within agricultural . . . districts other than those for which the district is classified. Any person who desires to use the person's land within an agricultural . . .district other than for an agricultural . . .use. . .may petition the planning commission of the county within which the person's land is located for permission to use the person's land in the manner desired. . "(c) The county planning commission may, under such protective restrictions as may be necessary,permit the desired use, but only when the use would promote the effectiveness and objectives of this chapter... `(d) Special permits for land the area of which is greater than fifteen acres. . . shall be subject to approval by the land use commission. The land use commission may impose additional restrictions as may be necessary or appropriate in granting the approval including the adherence to representations made by the applicant." 41. Planning Commission Rule 6-7, provides, in pertinent part, that "Whe Commission shall not approve a Special Permit unless it is 8 i SPP No. 12-000138 Page No. 002589 found that the proposed use "(a) Is an unusual and reasonable use of land situated within the Agricultural. , .District. . .; and "(b) Would promote the effectiveness and objectives of Chapter 205, Hawaii Revised Statutes, as amended. "The Commission shall also consider the criteria listed under Section 6.3(b)(5)(A) through(G)." 42. The seven criteria under Planning Commission Rule 6.3(b)(5)(A) through (G) are: "(A) Such use shall not be contrary to the objectives sought to be accomplished by the Land Use Law and Regulations; "(B) The desired use shall not adversely affect surrounding properties; "(C) Such use shall not unreasonably burden public agencies to provide roads and streets, sewers, water, drainage, school improvements, and police and fire protection; "(D) Unusual conditions, trends and needs have arisen since the district boundaries and regulations were established; "(E) The land upon which the proposed use is sought is unsuited for the uses permitted within the district; "(F) The proposed use will not substantially alter or change the essential character of the land and the present use; and "(G) The request will not be contrary to the General Plan and official Community Development Plan and other documents such as Design plans," 43. Although Gomes asserts that the criteria for a use permit should be considered in the subject application, that criteria is not relevant to a special permit determination. VI. APPLICATION OF SPECIAL PERMIT CRITERIA TO THE DEVELOPMENT A. Land Use Law Objectives 44. The purpose of the State Land Use Law is to preserve the lands of high agricultural 9 i SPP No. 12-000138 Page No. 002590 potential for agricultural use. The Property consists of land that is not considered highly valuable for agricultural uses. Thus, the use of the Property for a school is not contrary to the objectives sought to be accomplished by the State Land Use Law. 45. Likewise, the Development, which proposes the construction of a school for 381 students and related facilities is not akin to a major recreational theme park attracting 1.5 million people each year to the area. Therefore, such a development would not frustrate the objectives and effectiveness of the Hawaii's land use scheme and would not require a State land use boundary amendment in lieu of a special permit. Neighborhood Board No. 24 vs. Stale Land Use Commission, 64 Haw. 265, 272, 639, P.2d 1097, 1103 (1982). B. Affect on Surrounding, Properties 46. Based upon the testimony from surrounding and neighboring property owners,the Development will have an adverse effect on surrounding properties by creating noise, traffic, and impacting the quality of life of the adjoining residents. 47. Measures proposed by Connections, regarding the establishment of building setbacks and roadway improvements to Edita Street do not appear to be sufficient to mitigate the overwhelming concerns raised by surrounding property owners. C. Burden on Public Agencies to Provide Services 48. There is insufficient water available from the County system to service the Development. Therefore, to allow the Development would unreasonably burden the Department of Water Supply to provide water for its facilities. 49. There is no evidence that Connections has the ability to develop a potable water source as a mitigating measure, previously proposed by the Director. 50. A mitigating measure previously proposed by the Director of limiting the number of students to the amount of potable water available to the project is not reasonable because Connections is proposing to construct a highschool for 107 students its first phase, when the potable water available would only allow for 70 students. 51. As such, the proposed use may unreasonably burden the County Department of Water Supply to provide water to the Development. 10 SPP No. 12-000138 Page No. 002591 D. Unusual Conditions, Trends and Needs 52. Unusual conditions and needs have arisen since the establishment of this land use district in the 1970s, because the area in which the Property is located has essentially become residential in character. Also, the County General Plan LUPAG map recognizes this trend by designating the area for low density urban use. However, there was no evidence presented to demonstrate that location of a school that is not intended to specifically service the needs of the immediate community is such an unusual condition, trend or need that justifies location of the Development at this location. E. Suitability of Land for Agricultural Uses 53. The Land Study Bureau soil classification rating for the Property is "D" or "Poor", which suggests that the land may be unsuited for agricultural uses. 54. Connections is proposing to maintain the upper portion or nearly one-half of the Property for forestry use. In addition, Connections is proposing to construct greenhouses on the Property and conduct an agricultural program in conjunction with its curriculum. 55. Based upon the representations of Connections, it cannot be found that the Property is unsuited for agricultural uses. F. Alteration or Change of the Essential Character of the Land and Present Use 56. The Property is presently a forest and is vacant of any structures. The lower half of the Property will be converted into a school with classrooms, dormitories, a gymnasium cafeteria and parking lots. 57. The Development of a school will change the essential character of the forested land and its undeveloped use. G. Consistency with the General Plan 58, The County General Plan LUPAG map designates the Property for low density urban use. "Low density uses" under the General Plan include residential, with ancillary community and public uses, and neighborhood and convenience-type commercial uses. 59. The Development, which proposes a charter school that is not specifically intended to service the immediate community surrounding the school, is not consistent with the uses permitted in areas of low density urban use. 11 SPP No. 12-000138 Page No. 002592 60. The Economic, Public Facilities and Land Use elements of the County General Plan all require consideration of social and community concerns as follows: Economic Element - Goal "Provide an economic environment that allows new, expanded, or improved economic opportunities that are compatible with the County's cultural, natural and social environment." Public Facilities Element - Goal "Encourage the Provision of public facilities that effectively service the community and visitor needs and seek ways of improving public service through better and more functional facilities in keeping with the environmental and aesthetic concerns of the community." Land Use Element - Policy "Encourage the development and maintenance of communities meeting the needs of its residents in balance with the physical and social environments." 61. The evidence has established significant concerns from the community regarding the compatibility of the Development with the surrounding community. 62. Although the County General Plan Public Facilities-Education course of action for South Hilo encourages the establishment of additional schools as the need arises, the proposed Development, at the subject location, is contrary to the General Plan. VII. UNUSUAL AND REASONABLE USE OF LAND 63. The construction of a school on the Property is an unusual use of the land because a school is not a permitted use in the State Land Use Agricultural District. However, the evidence presented does not demonstrate that the Development is a reasonable use of the Property. Specifically, Connections has not demonstrated how this school can be built without sufficient potable water resources. Nor, has Connections demonstrated how the development of a regional charter school on the Property that does not specifically service the needs of the immediate community and that is overwhelmingly objected to by the immediate community is a reasonable site for this facility. In addition, Connections has not demonstrated that the Development meets 12 SPP No. 12-000138 Page No. 002593 most of the criteria to be considered by the Commission in the subject application. CONCLUSIONS OF LAW Based upon the foregoing Findings of Fact, the your Hearing Officer makes the following Conclusions of Law: 1. To the extent that any of the Findings of Fact constitute Conclusions of Law, or Conclusions of Law constitute Findings of Fact, they shall be considered and construed as such. 2. The Commission has jurisdiction over the subject special permit application, including the ability to deny or recommend its approval to the State Land Use Commission, pursuant to Section 205-6, HRS and Rule 6 of the Commission Rules. 3. Connections had the burden of proof on this matter before the Commission, including the burden of producing evidence as well as the burden of persuasion, by a preponderance of evidence, to demonstrate how its request is consistent with the guidelines for a special permit as outlined by Section 205-6, HRS and Rule 6 of the Commission Rules. Connections has failed to meet this burden. 4. The Development does not adequately meet the requirements or guidelines for a special permit as required by Section 205-6, HRS and Rule 6 of the Commission Rules. 5. The Development is not consistent with the County General Plan, particularly as to the impacts on the immediate community. HEARING OFFICER'S RECOMMENDATION Based upon the preceding Findings of Fact and Conclusions of Law, your Hearing Officer recommends to the Windward Planning Commission of the County of Hawaii that Special Permit Application SPP No. 12-000138 of Connections New Century Public Charter School and Community Based Education Support Servi es be denied. DATED: Hilo, Hawaii, 7 SANDRAC TER ONG Hearing Officer 13 SPP No. 12-000138 Page No. 002594 BEFORE THE PLANNING COMMISSION COUNTY OF HAWAII In the Matter of ) SPP No. 12-000138 CONNECTIONS NEW CENTURY PUBLIC ) CERTIFICATE OF SERVICE CHARTER SCHOOL and COMMUNITY ) BASED EDUCATION SUPPORT ) SERVICES ) Application for Special Permit Application ) No. 12-000138 ) TMK: (30 2-5-006-141; Kaumana, South ) Hilo, Hawaii ) CERTIFICATE OF SERVICE I hereby certify that on this date, a copy of the foregoing was duly served upon the following parties by depositing the same in the U. S, mail, postage prepaid, and by e-mailing a copy, addressed to: Ted H.,S. Hong, Esq. (ted c tedhonglaw.com) P. O. Box 4217 Hilo, Hawaii 96720 Attorney for Applicant Community Based Education Support Services Carter K. Siu, Esq. (Carter.K.Siuhawaii. ov) Deputy Attorney General State of Hawaii 235 South Beretania Street, Room 304 Attorney for Applicant Connections New Century Charter School Amy G. Self, Esq. (aselt(&co.hawaii.hi.us) Deputy Corporation Counsel 101 Aupuni Street, Suite 325 Hilo, Hawaii 96720 Attorney for County of Hawaii Planning Director i SPP No. 12-000138 Page No. 002595 Jeffrey K. Gomes (kalanigomes@hawaiiantel.net) 281 Edita Street Hilo, Hawaii 96720 Intervenor pro se Daryn Arai (d araco.hawaii.hi.us) Jeffrey Darrow(idarrow(@co.hawaii.hi.us) County of Hawaii Planning Department 101 Pauahi Street, Suite 3 Hilo, Hawaii 96720 Windward Plannin Commission Staff DATED: Hilo, Hawaii, 7) 41 SANDRA PECHTER SONG Hearing Officer 2 4° SPP No. 12-000138 Page No. 002596 .1 1 BEFORE HEARINGS OFFICER SANDRA SONG COUNTY OF HAWAII In the Matter of Connections New ) Century Public Charter School and ) Community Based Education Support ) Services ) Special Permit Application No . ) 12-000138 ) TRANSCRIPT VOLUME I (Pages 1 through 255) of the Public Hearing had in the above-entitled matter before Hearings Officer Sandra Song at 75 Aupuni Street, Conference Rooms, Hilo, Hawaii 96720, commencing at 9 : 04 a.m. , on October 21, 2013 . HEARINGS OFFICER: SANDRA SONG, ESQ• 10 Kamehameha Avenue Hilo, Hawaii 96720 REPORTED BY: Teri Serah Hoskins, CSR No. 452 SPP No. 12-000138 Page No. 002597 2 1 APPEARANCES 2 For the Applicant TED H. S . HONG, ESQ. Hilo Lagoon Centre 3 101 Aupuni Street, PH 1002-A Hilo, Hawaii 96720 4 and 5 CARTER SIU, ESQ. 6 Deputy Attorney General 235 S . Beretania Street Suite 304 Honolulu, Hawaii 96813 8 9 For the Planning AMY SELF, ESQ. Director Deputy Corporation Counsel 10 333 Kilauea Avenue Second Floor 11 Hilo, Hawaii 96720 12 Pro SE JEFF GOMES 13 281 Edita Street Hilo, Hawaii 96720 14 15 16 17 18 19 20 21 22 23 24 25 SPP No. 12-000138 Page No. 002598 3 1 CONTENTS 2 PUBLIC STATEMENTS PAGE 3 DR. HENRY LEE LOY 7 TERENCE YOSHIOKA 10 4 MELVIN YOKOTA 12 JAN YOKOYAMA 15 5 6 WITNESSES PAGE 7 JOHN THATCHER Direct Examination by Mr . Hong 30 8 Cross Examination by Mr. Gomes 84 Redirect Examination by Mr . Hong 109 9 Examination by the Hearings Officer 109 10 GLENN TADA 11 Direct Examination by Mr. Hong 73 12 LISA NAHOOPII 13 Direct Examination by Mr. Hong 78 Cross Examination by Mr. Games 83 14 JOAN DERBYSHIRE 15 Direct Examination by Mr. Hong 118 Cross Examination by Mr. Gomes 121 16 17 DENNIS ISAWA HIROTA PAGE 18 Direct Examination by Mr. Hong 126 Cross Examination by Mr . Gomes 131 19 Examination by The Hearings Officer 133 Redirect Examination by Mr . Hong 134 20 Recross Examination by Mr. Gomes 134 21 KEVIN LOUMA 22 Direct Examination by Mr. Hong 136 Cross Examination by Mr. Gomes 146 23 Examination by The Hearings Officer 149 Recross Examination by Mr. Gomes 151 24 25 SPP No, 12-000138 Page No, 002599 4 1 WITNESSES, CONTINUED PAGE 2 RON THIEL 3 Direct Examination by Mr . Hong 154 Cross Examination by Mr . Gomes 163 4 Examination by The Hearings Officer 166 Redirect Examination by Mr . Hong 173 5 Recross Examination by Mr . Gomes 174 6 KURT INOUYE INABA 7 Direct Examination by Mr . Hong 181 Cross Examination by Mr . Gomes 186 8 Redirect Examination by Mr . Hong 187 9 DUANE KANUHA 10 Direct Examination by Mr . Hong 188 Cross Examination by Mr . Gomes 194 11 Redirect Examination by Mr . Hong 216 Examination by The Hearings Officer 216 12 Further Redirect Examination by Mr . Hong 219 Further Recross Examination by Mr . Gomes 220 13 14 DAVID MIRANDA 15 Direct Examination by Mr . Hong 224 Cross Examination by Mr . Gomes 236 16 17 CELIA SHEN 18 Direct Examination by Mr. Hong 238 19 20 21 22 23 24 25 SPP No. 12-000138 =� Page No, 002600 S 1 THE HEARINGS OFFICER: Good morning. This is 2 a special permit hearing, SDP No . 12-000138 . It ' s in 3 the matter of Connections New Century Public Charter 4 School and Community Based Education Support Services . 5 This is an application for a special permit 6 regarding the property located at Kaumana, South Hilo, `7 Island of Hawaii, State of Hawaii, designated by tax 6 map key (3) 2-5-6, parcel 141 . 9 I 'm Sandra Song, and I am the hearing officer 10 appointed by the Planning Commission in this matter . 11 Before T begin, I just would like, and I 'm 12 going to ask, all the parties to introduce themselves . 13 Just to note, everything is being taken down by a court 14 reporter, so please speak into the microphone so she 15 can hear everything that is being said. Also please 16 turn off your cell phones, if you have them on, so that 1`7 we don ' t have any unreasonable interruptions . 18 Can the parties please identify themselves . 19 MR. HONG: Good morning, Ms. Hearing Officer . 20 My name is Ted Hong . I represent the Community Based 21 Education Support Services, also known as CBESS, who is 22 an applicant . 23 MR. SIU: Good morning, Deputy Attorney 24 General Carter Siu here appearing on behalf of the 25 Connections New Century Public Charter School . SPP No. 12-000138 w, Page No. 002601 6 1 MS . SELF: Good morning . Deputy Corp. 2 Counsel Amy Self representing the planning director of 3 the County of Hawaii . 4 MR. COMES : Good morning. Jeff Gomes . 5 THE HEARINGS OF'F'ICER: Good morning. 6 Under the Planning Commission rules, the 7 first thing that happens at this type of hearing is to 8 take public testimony, and anybody applying for public 9 testimony to testify as a public witness is supposed to 10 have signed up before the hearing . I have a sign-up 11 sheet with four people wishing to testify. I also have 12 written testimony from an additional person. At this 13 time, is there anybody that has not signed the sign-up 14 sheet that wishes to testify as a public witness in 15 this matter? 16 Let the record reflect no response . 17 Okay. I have four people that have indicated 18 that they would like to testify. I 'm going to read off 19 the names, and I ask all of you to stand at one time so 20 I can swear all of you in at one time. 21 Dr. Henry Lee Loy, Terence Yoshioka, Melvin 22 Yokota, and Jan Yokoyama . 23 . . . 24 . . 25 . . SPP No. 12-000138 Page No. 002602 7 1 Dr . Henry Lee Loy, Terence Yoshioka, 2 Melvin Yokota, Jan Yokoyama, 3 having been first duly sworn to tell the truth, the 4 whole truth and nothing but the truth, was examined and 5 testified as follows : 6 7 THE HEARINGS OFFICER: Thank you. 8 I just want to let everybody know we have a 9 long hearing. We have two days of hearing, so public 10 testimony will be limited to three minutes . Since it 11 is public testimony, there is no cross-examination 12 allowed of the public witnesses . If any party believes 13 that one of the people testifying as a public witness 14 would be appropriate to testify as their witness, they 15 can have them testify in their portion of the case and, 16 if necessary, I will sign any subpoena for those 17 witnesses . 18 So let ' s start with Dr . Henry Lee Loy. If 19 you want to take the seat . And please talk into the 20 microphone so we can hear you . 21 DR. LEE LOY : Yes . 22 Good morning. My name is Dr . Henry Lee Loy, 23 and I live on Mele Manu Street . 24 There is further evidence that the proposed 25 location of the Connections Public Charter School is SPP No. 12-000138 Page No. 002603 8 1 inappropriate . To leverage traffic congestion, there 2 is evidence that every public elementary school in Hilo 3 has a separate one-way entrance and a separate one,-way 4 exit or two separate drop-off and pick-up points on two 5 different streets . Images and specifics are being 6 submitted in evidence. 7 The proposed Connections Public Charter 8 School will have only one driveway to accommodate both 9 entrance and exit access on Edita Street, located only iO a few hundred feet from the potential dangerous 11 intersection of Edita Street and Kaumana Drive . 12 Traffic will back up and down Kaumana Drive and Edita 13 Street, causing an immediate and adverse impact, 14 endangering the lives of residents and students alike . 15 There ' s additional evidence the traffic 16 impact analysis report, the result of a one-day traffic 17 count at Edita Street and Kaumana Drive intersection on 18 May 28th, 2009 is obsolete, biased, and not an example 19 of a typical school day. Documents on file said that 20 three large schools in Hilo were already closed for 21 summer break. Those schools were the University of 22 Hawaii-Hilo, the Hawaii Community College, and the 23 Kamehameha Schools Hawaii campus . Over 7, 000 students 24 were not in school that day, creating a variable that 25 could question the accuracy of the study conducted. SPP No. 12-000138 Page No. 002604 9 1 The report stated that future traffic routes 2 along Kaumana Drive was expected to be minimal and 3 there would be no growth of traffic on Edita Street . 4 Since the report was completed, documentation has been 5 submitted that evidences several new subdivisions that 6 have been or are being developed which will greatly 7 increase traffic. 8 Documentation requested from the Hawaii g County Police Department is submitted showing that 10 traffic accidents increased from 11 to 18 in the area 11 which covers Kaumana Drive and Edita Street in the past 12 year . 13 Lastly, there is evidence that shark-teeth 14 striping has been added to Kaumana Drive to warn 15 drivers of the dangerous road conditions, and I have 16 submitted that . 17 In conclusion, Madam Hearing Officer, the 18 proposed location of the Connections Public School in lg an established residential neighborhood is 20 inappropriate, and I respectfully request that you deny 21 the special use permit . 22 Thank you . 23 THE HEARINGS OFFICER: Thank you, Dr. Lee 24 Loy . And you did submit written testimony. Is that 23 correct? SPP No. 12-000138 Page No. 002605 10 1 QR. LEE LOY: Yes . 2 THE HEARINGS OFFICER: And do all the parties 3 have the written testimony of Or . Lee Loy? 4 MR. COMES : Yes . 5 MS . SELF: Yes . 6 MR. SIU: Yes . 7 MR. HONG: Yes . 8 THE HEARINGS OFFICER: Thank you very much. 9 Terence Yoshioka . 10 MR. YOSHIOKA: Madam Hearing Officer and 11 members of the Planning Commission, my name is Terence 12 Yoshioka, and I am testifying on my own behalf as a 13 resident of the Pacific Plantation subdivision. 14 In the course of my research on special 15 permits, T came across a Hawaii Supreme Court case 16 which I believe will offer you assistance in reaching 17 your decision on the application. The case is 18 Neighborhood Board vs . State Land Use Commission, 64 19 Hawaii 265-1982 . 20 In this action, the Hawaii Supreme Court 21 found that the special permit for the development of a 22 103-acre recreational theme park in an agricultural 23 district "frustrates the objectives and effectiveness 24 of Hawaii ' s land use scheme, " super on page 272 . 25 The Hawaii Supreme Court further stated that SPP No. 12-000138 : Page No. 002606 11 1 "We do not believe the legislature envisioned the 2 special use technique to be used as a method of 3 circumventing district boundary amendment procedures to 4 allow the ad hoc infusion of major urban uses into 5 agricultural districts, " super at page 273 . 6 In discussing the special permit process, the 7 Hawaii Supreme Court found that "Its essential purpose, 8 as explained by the Attorney General, is to provide 9 land owners relief in exceptional situations where the 10 use desired would not change the essential character of 11 the district nor be inconsistent therewith, " super on 12 page 271 . 13 In essence, the use of the special permit 14 process to effectuate what amounts to be district 15 boundary amendment would frustrate the effectiveness 16 and objectives of HRS Chapter 205 rather than to 17 promote them. 18 If this commission follows the principles 19 enunciated in the Neighborhood Board decision, I 20 believe you will conclude that the construction of this 21 school will be contrary to the 6-3 (b (51) of the 22 Planning Commission Rules of Practice and Procedure as 23 it will substantially alter or change the essential 24 character of the land and the present use, thereby 25 requiring a district boundary amendment rather than a SPP No. 12-000138 a..- Page No, 002607 12 1 special permit . 2 I therefore urge you to rule accordingly, and 3 I thank you for your time . 4 THE HEARINGS OFFICER: Thank you very much. 5 And you did provide written testimony? 6 MR. YOSHIOKA: Yes, I did. 7 THE HEARINGS OFFICER: And do all the parties 8 have the written testimony? 9 MR. GOMES : Yes . 10 MS . SELF: Yes . 11 MR. SIJ : Yes . 12 MR. HONG: Yes . 13 THE HEARINGS OFFICER: Thank you. 14 Melvin Yokota . 15 Mr . Yokota, can you provide your name and 16 address when you start? 17 MR. YOKOTA: Okay . My name is Mel Yokota . 18 I 'm a resident of Mele Manu Street . I am also a 19 project manager and electrical engineer by profession . 20 I spent last week reviewing the final 21 environmental assessment from a project manager ' s 22 standpoint, because that ' s what I do regularly, and my 23 basic question in reviewing it was "Is this something I 24 would be ready to submit if my team of consultants had 25 prepared this?" SPP No. 12-000138 Page No. 002608 13 1 The inconsistencies I discovered were 2 several . There were discrepancies in information 3 between what we had heard from the administration of 4 the charter school versus what was written up by the 5 planning consultant . There were incorrect facts and 6 arithmetic, resulting in incorrect conclusions . 7 In reading the assessment, it was apparent 8 that the authors assumed the school would primarily 9 service the Kaumana area, contrary to what the 10 administration of the school had told the community. 11 This leads to inadequate estimates of traffic volume 12 and minimizes the area impacted. 13 The high numbers of students coming from 14 outside the Hilo High and Waiakea complexes demands 15 that the traffic evaluation address traffic impacts 16 throughout the greater Hilo area . 17 Incorrect information are also used in the 18 assessment, leading to incorrect conclusions, 19 particularly with respect to water resources required. 20 They conclude that rainfall will be sufficient for a 21 catchment system. And looking at historical rainfall 22 data for Kaumana, I find that it is correct if you look 23 at average rainfall data . They did not consider the 24 minimal precipitation conditions . And when I look at 25 that, I think it is clear that they would have to SPP No. 12-000138 Page No. 002609 19 1 construct a well to support their water requirements . 2 There were too many things in this report 3 that I questioned, and it would take too long to go 4 over them in detail, but as an engineering manager, I 5 would not be able to submit a document like this for 6 public review. Thank you. 7 MR. HONG: Excuse me . Madam Chair? 8 THE HEARINGS OFFICER: Yes . 9 MR. HONG: We have been trying to subpoena 10 Mr . Yokota and have been unsuccessful with the amended 11 subpoena . I would ask the Hearings Officer to direct 12 Mr. Yokota to stay here, we finish printing up the 13 amended subpoena, and it is being walked over from my 14 office . So I would ask the Hearings Officer to direct 15 Mr. Yokota to stay here until served with the subpoena . 16 THE HEARINGS OFFICER: Mr. Hong, was that one 17 of the subpoenas that you gave to me to sign last week? 18 MR. HONG: Yes . The server left the subpoena 19 at Mr. Yokota ' s house without Mr . Yokota coming to the 20 door, so I understand leaving a subpoena at the 21 doorstep is not necessarily a service. So he was one 22 of the people subpoenaed that we would like to have 23 testify in our case-in-chief. 24 THE HEARINGS OFFICER: Mr . Yokota, I am going 25 to ask that you stay. SPP No. 12-000138 �..r Page No. 002610 15 1 How long will it take for your office to 2 bring the subpoena? 3 MR. HONG: Should be about ten minutes at the 4 most . 5 THE HEARINGS OFFICER: I am going to ask that 6 you stay so that you can be served with a subpoena . I did announce at the beginning of this proceeding that 8 if there was a public witness that anybody wanted to 9 testify, I would allow them to have a subpoena issued 10 to that witness; so if you could just stay here a short 11 time . 12 MR. YOKOTA: Okay. 13 THE HEARINGS OFFICER: Thank you. 14 And do the parties have copies of 15 Mr. Yokota ' s written testimony? 16 MR. GOMES : Yes . 1-/ MS . SELF: Yes . 18 MR. SIU : Yes . 19 MR. HONG: Yes . 20 THE HEARINGS OFFICER: Thank you. 21 Take a seat . Thank you. 22 Finally, we have Jan Yokoyama . 23 MS . YOKOYAMA: Good morning. Hello, my name 24 is Jan Yokoyama . I live at 1300 Kaumana Drive and have 25 lived there for over 40 years . I 'm also the block SPP No. 12-000138 Page No. 002611 16 1 ordering aide for Kaumana Cave Neighborhood Watch. 2 I am opposed to Connections School being 3 built due to traffic and safety concerns . I recently 4 did an informal traffic survey on Monday, October 14th, 5 from 7 : 00 to 8 : 00 a .m. I was parked at the mauka 6 corner of Edita and Kaumana Drive . I counted 93 cars 7 coming up past me, 220 cars going down, and 57 cars 8 either entering or leaving Edita Street . The 57-car 9 count was unduplicated, meaning they passed me on 10 Kaumana Drive. I didn ' t count them. 11 The cars coming down Kaumana Drive were 12 whizzing past me and alarmed me to the point that I 13 called Lieutenant Darren Horio of Community Policing to 14 schedule the speed trailers to be placed on the corner . 15 Hopefully, this will slow them down. 16 Also, some of the cars coming out of Edita 17 Street were not coming to a complete stop at the stop 18 sign. I witnessed a near-rear-end collision of a car 19 leaving Edita Street and coming upon a car leaving the 20 driveway on Kaumana Drive . 21 Edita Street and Kaumana Drive are not built 22 to handle any more traffic that the Connections School 23 will bring . 24 Thank you very much . 25 THE HEARINGS OFFICER: Thank you. SPP No. 12-000138 Page No. 002612 17 1 And do the parties have Ms . Yokoyama ' s 2 testimony? 3 MR. DOMES : Yes . 4 MS . SELF: Yes . 5 MR. SIU: Yes . 6 MR. HONG: Yes . 7 THE HEARINGS OFFICER: Thank you. 8 I also have written testimony from one other 9 person, Lee Botelho . Do the parties have that written 10 testimony? 11 MR. DOMES : Yes . 12 MS . SELF: Yes . 13 MR. SIU: Yes . 14 MR. HONG : Yes . 15 THE HEARINGS OFFICER: Again, is there 16 anybody else that wishes to testify as a public witness 17 before this proceeding? 18 Let the record reflect no response . 19 All right . Now, before we take the testimony 20 in this case, there are some procedural matters to go 21 through . 22 The first is, Mr. Hong, you submitted a 23 request for either telephone testimony or an additional 24 hearing date because of unavailability of witnesses? 25 MR. HONG: That ' s correct . r' SPP No. 12-000138 Page No. 002613 18 1 THE HEARINGS OFFICER: Can you address that? 2 MR. HONG : That ' s correct . We are asking for 3 at least another half day for -- to allow us to take 4 the testimony of Bobby Jean Leithead Todd, the former 5 planning director, and also another one of our 6 witnesses, who -- I don ' t have him on the list, but it 7 is in my communications, who is not available. 8 I know Bobby Jean is out of the state and 9 won' t be back; so we would think, in terms of her 10 testimony, she is a vital witness in this particular 11 case . 12 THE HEARINGS OFFICER: Mr . Siu, do you have 13 any comments on this? 14 MR. SIU: I do not . 15 THE HEARINGS OFFICER: Ms . Self? 16 MS . SELF: No. 17 THE HEARINGS OFFICER: And Mr . Gomes? 18 MR. DOMES : I am okay with the change . 19 THE HEARINGS OFFICER: Are you talking about 20 Mr . Rowell? 21 MR. HONG: Yes . I 'm sorry. Phillip Rowell . 22 THE HEARINGS OFFICER: The traffic engineer? 23 MR. HONG: Right, the traffic engineer. 24 THE HEARINGS OFFICER: And those are the only 25 two witnesses? ` SPP No. 12-000138 -` Page No. 002614 19 1 MR. HONG: Yes . 2 THE HEARINGS OFFICER: As I 'm sure you know, 3 we cannot do telephone testimony in this conference 4 room. It just is not workable, and there are all sorts 5 of other problems with telephone testimony; but an 6 additional hearing date seems appropriate . 7 I also think if we have an additional hearing 8 date, I would like to have a site visit so I can see 9 the property. I don ' t think we need to have a court 10 reporter there, unless the parties insist, but I would 11 like to at least see the property. 12 MR. HONG : I think that ' s actually a good 13 idea. In terms of the site visit, I have no objection 14 to a court reporter not being there. However, if you 15 are anticipating asking the parties questions regarding 16 the property or what you see on the property, perhaps 1-7 maybe a court reporter would be appropriate after the 18 site visit or -- I don ' t know how you would like to 19 work that out . 20 THE HEARINGS OFFICER: We could take a 21 tape-recorder to save some expense . It ' s going to be 22 very expensive to have our court reporter come up. 23 That is my only thought . 24 Mr. Siu? 25 MR. SIU: I have no objections to a SPP No. 12-000138 Page No. 002616 20 1 tape-recorder or any kind of recording device . 2 THE HEARINGS OFFICER: Ms . Self? 3 MS. SELF: I have no objections . 4 THE HEARINGS OFFICER: And Mr . Gomes? 5 MR. GOMES : Will I be allowed? 6 THE HEARINGS OFFICER: All the parties have 7 to be there . 8 MR. COMES : Oh, great . 9 Will the public be allowed? 10 THE HEARINGS OFFICER: Well, it ' s a public 11 proceeding, so the public can ' t be excluded. However, 12 I don ' t think the Planning Department is going to make 13 accommodations to drive the public up to the site . 14 MR. COMES: Okay. But if -- 15 THE HEARINGS OFFICER: If they just happen to 16 be there, they can be there . 17 MR. COMES : Okay. 18 THE HEARINGS OFFICER: But the public cannot lg interfere with the proceeding. 20 MR. GOMES : Makes sense . 21 THE HEARINGS OFFICER: Do any of the par- --- 22 Ms . Self, you have dealt with this a lot . What do you 23 recommend? Do you have any ideas on whether this needs 24 to be recorded, the site visit? 25 MS . SELF: Well, I would have to look at the SPP No. 12-000138 Page No. 002616 21 1 Planning Commission rule. There is a rule on taking 2 public testimony, and it is not a Sunshine Law . 3 THE HEARINGS OFFICER: No, I 'm not talking 4 about public testimony. I 'm talking about -- 5 MS . SELF: But that ' s the only reason -- 6 THE HEARINGS OFFICER: -- a court reporter. 7 MS . SELF: That is the only reason why I 8 would think you need to have a court reporter is if 9 it ' s necessary to take public testimony, but I don ' t 10 think it ' s going at the site visit . 11 THE HEARINGS OFFICER: We are going to take 12 public testimony at the next hearing as well . We have 13 to at the beginning of the proceeding . 14 MS . SELF: Okay. I don' t see a problem, 15 then. 16 THE HEARINGS OFFICER: All right . The dates 17 that the Planning Department has are November 12th and 18 the 21st and the 13th. I 'm not available on the 13th . 19 Mr . Hong? 20 MR. HONG: I have no objection to either 21 date . Thank you. 22 THE HEARINGS OFFICER: Mr . Siu? 23 MR. SIU : Repeat the dates that you were -- 24 THE HEARINGS OFFICER: The 12th and the 21st 25 of November. SPP No. 12-000138 Page No. 002617 22 1 MR. SIU : I 'm available on the 12th . 2 THE HEARINGS OFFICER: Ms . Self? 3 MS . SELF: No, I have no problem with those 4 dates . 5 THE HEARINGS OFFICER: Mr . Gomes? 6 MR. GOMES : The 12th or 21st of November, 7 either date is fine for me . 8 THE HEARINGS OFFICER: Why don ' t we set this 9 for the 12th. And the Planning Department staff will 10 be able to secure either this room or the Aupuni 11 center, and we will let you know which room. By 12 tomorrow, we will let you know which room is available . 13 MR. GOMES : Excuse me . This is not the site 14 visit date? 15 THE HEARINGS OFFICER: We will do the site 16 visit at the same time, on the same day. 17 MR. GOMES : Okay. 18 THE HEARINGS OFFICER: Because, Mr . Hong, you 19 said it should only be a half a day? 20 MR. HONG: That ' s correct . 21 The other thing I would note is we are 22 handing you the subpoenas now, the amended subpoenas 23 now, for Mr. Yokota. 24 The other thing is we would ask that whoever 25 goes onto the property sign the appropriate liability SPP No. 12-000138 Page No. 002618 23 1 waiver, and we will supply that on the 12th before they 2 enter the property. It is undeveloped vacant land. 3 THE HEARINGS OFFICER: Mr . Hong, I have never 4 had to do that for a site visit or any proceeding, Land 5 Use Commission, Planning Commission. 6 Ms . Self? 7 MS . SELF: I think that ' s a good idea . We 8 did that for the Hu Honua case as well . 9 THE HEARINGS OFFICER: All right . Then, 10 Mr. Hong, I am going to ask that you get the 11 appropriate waiver to us by five business days before 12 the hearing. 13 MR. HONG: That ' s fine . 14 THE HEARINGS OFFICER: No later. 15 MR. HONG: I will circulate it to all 16 parties . 17 THE HEARINGS OFFICER: There was just a 18 second copy, Mr. Hong. Your office gave me -- you only 19 need one signed copy. Isn' t that correct? 20 MR. HONG: That ' s correct . 21 THE HEARINGS OFFICER: Okay. What I want to 22 do now is go through the record -- each of the parties 23 received a copy of the Planning Department record, the 24 Planning Commission record, which includes pages 1 to 25 2005, and I have a copy of that record in these large SPP No. 12-000138 F' Page No. 002619 24 1 books, these two binders . I asked for any objections 2 to be submitted to me before the hearing . I did not 3 receive any objection. In fact, the parties, 1 4 believe, all agreed that this could be entered into the 5 record. 6 So I am going to -- do any parties have any 7 objection at this time? 8 Mr. Hong? g MR. HONG: I misheard. I thought the record 10 went from pages 1 to 2205 . Did I mishear that? 11 THE HEARINGS OFFICER: No . 12 MR. HONG: Okay. Sorry. No objection. 13 THE HEARINGS OFFICER: Mr. Siu? 14 MR. SIU : No objection . 15 THE HEARINGS OFFICER: Ms . Self? 16 MS . SELF: No objections . 17 THE HEARINGS OFFICER: Mr . Gomes? 18 MR. DOMES : No objection. 19 THE HEARINGS OFFICER: Then I am going to 20 admit pages 1 through 2005 of the Planning Commission 21 proceeding into evidence in this case. 22 What I want to do is to see if -- we have 23 long exhibit lists from the various parties . Have the 24 parties talked at all about whether you would stipulate 25 to any of the exhibits into evidence? SPP No. 12-000138 �* Page No. 002620 25 1 MR. GOMES : I have not . 2 THE HEARINGS OFFICER: Mr. Hong? 3 Would it be worth taking a short recess so 4 that the parties can discuss if they want to stipulate 5 to some of the exhibits? 6 Mr . Hong? 7 MR. HONG: We will stipulate -- if we can 8 stipulate the exhibits in of both parties, I have no 9 objection. 10 MR. COMES : What does "stipulate" mean? 11 THE HEARINGS OFFICER: Agree . 12 MR. DOMES : Okay. 13 THE HEARINGS OFFICER: That you have no 14 objections . And what Mr. Hong is saying is that he 15 will agree to your exhibits being admitted into 16 evidence without anything further if you will agree to 17 his exhibits being admitted into evidence. 18 MR. GOMES : Okay. 19 THE HEARINGS OFFICER: Mr. Gomes, do you 20 have -- 21 MR. GOMES : That sounds good. 22 THE HEARINGS OFFICER: Ms . Self? 23 MS . SELF: No objection. 24 THE HEARINGS OFFICER: Mr . Siu? 25 MR. SIU: No objections . SPP No. 12-000138 . Page No. 002621 26 1 THE HEARINGS OFFICER: Then in that case, I 2 am going to admit into evidence Exhibits Al through A20 3 of the Applicant ' s exhibits . 4 I will admit into evidence -- and I 'm 5 assuming, Mr . Hong, this includes the Planning 6 Department ' s exhibits as well? 7 MR. HONG: That ' s correct . 8 THE HEARINGS OFFICER: Mr. Siu? 9 MR, SIU: Yes . 10 THE HEARINGS OFFICER: And Mr . Gomes? 11 MR. DOMES : Yes . 12 THE HEARINGS OFFICER: Then I will admit into 13 evidence the Planning Department ' s exhibits PDl through 14 PD3 into evidence . 15 Finally, I will admit Mr. Gomes ' exhibits, 16 JG1 through JG18 into evidence. 17 A couple of more procedural matters . I 18 haven ' t received any requests from any of the parties 19 for the witness exclusion rule to apply. This is an 20 administrative hearing, but if the parties so request 21 that, then I will ask that anybody that is going to 22 testify will have to leave the room. 23 MR. HONG: We would ask that the exclusionary 24 rule be invoked. 25 THE HEARINGS OFFICER: Okay. Since it has SPP No. 12-000138 Page No. 002622 27 1 been requested by one of the parties, I am going to ask 2 anybody that is subpoenaed as a witness to testify in 3 this proceeding, or you know you are going to testify 4 because one of the parties has asked you to testify, 5 you are going to have to leave the room until you are 6 called. 7 The room has emptied out . Not completely. 8 All right . Just a couple of more procedural 9 things . Glenn Tada has a conflict schedule, and he has 10 been subpoenaed to testify. He is here this morning, 11 and he needs to testify before 11 : 30 , so, Mr . Hong, I 12 am going to ask that he be called out of order if you 13 want to call him as a witness . 14 Is that a "Yes"? 15 MR. HONG: Yes . 16 THE HEARINGS OFFICER: Okay. 17 And, also, Dr. Feng e-mailed me yesterday, 18 and I sent a response back to all the parties that I 19 guess he is subpoenaed -- I don ' t know if it ' s a he or 20 she. 21 MR. HONG: He . 22 THE HEARINGS OFFICER: He is subpoenaed to 23 testify tomorrow at 10 : 30, and he did accommodate that, 24 but the revised subpoena looked like it might need more 25 time, so he asked if he could testify as close to 10 : 30 SPP No. 12-000138 Page No. 002623 28 1 as possible . 2 MR. HONG: Absolutely. 3 THE HEARINGS OFFICER: Okay, Mr. Hong . So 4 those two will be accommodated. 5 Is there any procedural matter we need to go 6 through now before we start testimony? 7 MR. GOMES : Ma ' am? 8 THE HEARINGS OFFICER: Mr. Gomes? 9 MR. COMES : My witness, Dana Kenny, can ' t be 10 here until tomorrow. Is that okay? 11 THE HEARINGS OFFICER: Well, the hearing runs 12 two days, so I am sure we can take your witness 13 tomorrow. 14 MR. GOMES : Okay. Thank you very much. 15 MR. HONG: There is one procedural matter. 16 We had sent earlier a revision to our pre-hearing 17 brief, revised page 10. 18 THE HEARINGS OFFICER: Yes? 19 MR. HONG: I just wanted to make sure 20 everybody got that . 21 THE HEARINGS OFFICER: Thank you for bringing 22 that up, because I wanted to raise that issue. 23 I 'm getting a lot of things through e-mail . 24 If you are going to amend a document, then don ' t just 25 do a page, but do an amendment with a cover sheet, an SPP No. 12-000138 Page No. 002624 29 1 errata sheet or something so that things don' t get lost 2 in the future. I just don 't want documents lost and 3 then parties complaining that they didn ' t receive it . 4 So, Mr . Hong, I will take that sheet, but in 5 the future, if there is anything more, please put on a 6 cover sheet . 7 MR. HONG: Well, would it be more appropriate 8 that, before the end of the day, we submit the revised 9 brief in total? 10 THE HEARINGS OFFICER: You can do an errata 11 and just that page if you would like . 12 MR. HONG: All right . 13 THE HEARINGS OFFICER: Whatever is easier for 14 you . 15 MR. HONG: Thank you . 16 And just for the record, I am distributing 17 the revised page 10 . 18 Okay. If there are no other further 19 procedural matters, since we do have a court reporter, 20 we will be taking breaks periodically. She needs some 21 breaks to rest her hands . We will also be taking a 22 break at lunch, I believe probably an hour break, and 23 then proceed on. 24 All right . Mr. Hong, since you and Mr. Siu 25 are the Applicants, you, according to the Planning SPP No. 12-000138 Page No. 002625 30 1 Commission rules, begin first . So would you like to 2 call your first witness? 3 MR. HONG: Yes . Our first witness this 4 morning is John Thatcher . 5 6 JOHN THATCHER, 7 having been first duly sworn to tell the truth, the 8 whole truth and nothing but the truth, was examined and 9 testified as follows : 10 11 THE HEARINGS OF'F'ICER: Go ahead. 12 MR. HONG: Thank you. 13 14 DIRECT EXAMINA'T'ION 15 BY MR. HONG: 16 Q Sir, would you state your name, please, and 17 your address . 18 A My name is John Lamar Thatcher II , and I live 19 at 1188 Kaumana Drive in Hilo . 20 Q And would you spell your last name for us, 21 please . 22 A T-h-a-t-c-h-e-r. 23 Q This morning I would like to begin by talking 24 about your background. If you could highlight your 25 educational background for us, please. SPP No. 12-000138 a Page No. 002626 31 1 A Okay. I was a DOE elementary teacher at 2 schools on Oahu and Sig Island from 19`78 to 2002 . I 3 have a Master' s in education in educational 4 communications and technology from University of 5 Hawaii-Manoa, and I have another Master ' s of education 6 in educational supervision/administration from Arizona 7 State ' s federally funded Leadership for Educational 8 Entrepreneurs Program. 9 I have been the principal at Connections 10 Public Charter School for about ten years . Connections 11 started as a school within a school in 1995, and I 12 worked at Connections on Mountain View campus then . I 13 am certified and licensed in the state of Hawaii as a 14 K-12 principal . 15 Q Okay. And then if you could highlight your 16 other professional experiences in addition to your 17 being a principal at Connections . 18 A Okay. I have been a teacher at Connections 19 when it was a school within a school . I have also been 20 a kind of a vice principal at Connections before I was 21 the principal . 22 Q In terms of Connections, has that school, 23 under your leadership, received any recognitions or 24 awards? 25 A We have received quite a few recognitions and SPP No. 12-000138 Page No. 002627 32 1 awards . I think that what is pertinent to this hearing 2 is the new system for classifying schools came about 3 after the State of Hawaii was awarded a waiver from the 4 federal No Child Left Behind law. In 2013, they were 5 awarded this . 6 And there is a new system called the Strive 7 High Performance System. In the last year that this 8 system was used, Connections students exceeded the 9 Strive High reading goal . We also received a 40 10 percent for science . There was no goal last year, but 11 the goal for this year is 40 percent for science . The 12 Connections score was 223 points . 13 Based on this, there is five different steps 14 that the school could be placed in. One is recognition 15 as the highest . Second is continuous improvement . 16 Third is focus . Fourth is priority. And the last one 17 is the superintendent zone for the lowest-ranked 18 schools . 19 For the highest-performing schools, there is 20 financial awards, administrative flexibility. The 21 lower-performing schools received customized supports . 22 Connections is placed in the continuous 23 improvement, along with about 80 percent of all of the 24 public schools in Hawaii, and it is considered a 25 positive trajectory and indicates that a school does SPP No. 12-000138 '6 : Page No. 002628 33 1 not need intensified support from the complex or the 2 State office. 3 Q Okay. Let ' s talk about charter schools in 4 general . How did you first become involved in this 5 charter school movement? 6 A In 1995, Connections became a school within a 7 school at Mountain View. There was no charter school S law at that time . Five years later, the school 9 converted to become the first start-up charter school 10 in the state of Hawaii . 11 The curriculum that we use is 12 constructivist-based with a focus on developing 13 multiple modalities of learning. And our school has 14 had a formal partnership with the University of 15 Hawaii ' s Curriculum Research and Development Group 16 since we were a school within a school . So one of the 17 projects that we have been developing over the years is 18 in conjunction with the Curriculum Research and 19 Development Group and the Universe School, Institute of 20 Developmental Psychology and Pedagogy in Russia, and 21 this program is called Measure Up . 22 The mathematics in this elementary program is 23 developed through measurement . This curriculum gives 24 young children a foundation in number--algebra 25 measurements simultaneously. The students are involved SPP No. 12-000138 Page No. 002629 34 1 in hands-on tasks that lead to strong conceptual 2 understanding . 3 We became a charter school to provide a 4 research-based arm for the benefit of all public 5 schools . This is why we have maintained a strong 6 partnership with the university and especially with the 7 Curriculum Research and Development Group. 6 Q Okay. And in terms of charter schools, could 9 you describe the governance in terms of charter 10 schools? 11 A The current governance structure is set by 12 section 302D, No. 12, and it says the governing board 13 of all the charter schools -- each has a governing 14 board, and that that board shall be the independent 15 governing body of its charter school and shall have 16 oversight over and be responsible for the financial, 17 organizational, and academic viability of the charter 18 school, implementation of the charter, and the 19 independent authority to determine the organization and 20 management of the school, the curriculum, virtual 21 education, and compliance with applicable federal and 22 state laws . The governing board shall ensure its 23 school complies with the terms of the charter contract 24 between the authorizer and the school . 25 Q And you have a contract between the SPP No. 12-000138 W Page No, 002630 3 5 1 authorizer and your charter school? 2 A Yes . I have a copy of that here . 3 Q Okay. Could you tell us briefly about how 4 charter schools like Connections is funded? 5 A Okay. We are funded, again, according to the 6 law. This is 302D, No. 28 . This law was changed over 7 the years . And beginning with the fiscal year 2012-13 8 and all years afterwards, the non-facilities general g fund per-people funding request for charter school 10 students shall be the same as the general fund per 11 pupil . 12 THE HEARINGS OFFICER: Mr . Hong, is your 13 witness reading his testimony? 14 MR. HONG: Well, he made some notes . 15 THE HEARINGS OFFICER: Because if he is 16 reading his testimony, then the written testimony 17 should be provided to all the parties . 18 TJHE WITNESS: I can do that . 19 MR. HONG: I understand. We can provide that 20 later. 21 BY MR. HONG: 22 Q So without -- 23 THE HEARINGS OFFICER: Mr . Hong, if 24 Mr . Thatcher has to be cross-examined, you are going to 25 have to provide it to the parties before he is SPP No. 12-000138 Page No. 002631 36 1 cross-examined. 2 But go ahead with your testimony. 3 THE WITNESS : I cannot read if you would 4 rather . 5 BY MR. HONG: 6 Q Yeah, why don ' t you not read from your notes. 7 MR. HONG: Because I would submit that part 8 of his notes also includes attorney-client-privileged 9 information and work-product information . 10 BY MR. HONG: 11 Q So instead of reading from your notes -- and 12 I know you are reading from some of the statutes -- 13 describe for us generally how charter schools are 14 funded. 15 A Charter schools, according to the law, are 16 funded at the same level as Department of Education 17 schools, the general fund allocation . 18 Q Okay. And in terms of DOE, what is the DOE' s 19 role in charter schools? 20 A The Department of Education is responsible 21 for federally funded or federal programs that apply to 22 charter schools, just like any other public school . So 23 the Department of Education is primarily responsible 24 for the support of the special education and the title 25 programs, like Title 1 . SPP No. 12-000138 Page No. 002632 37 1 4 What is the department ' s role in terms of 2 curriculum and facilities? 3 A The department has no role for charter 4 schools in curriculum or facilities . 5 4 So it has nothing to do -- in terms of your 6 facilities, DOE has nothing to do with it? 7 A For our school, we are a start-up charter 8 school, not a conversion charter school . If we were a 9 conversion charter school like Laupahoehoe, then the 10 DOE would have some responsibility for providing 11 facilities, but Connections is a start-up charter 12 school . 13 4 So Connections is responsible for its own 14 facilities? 15 A Yes, we are . 16 4 Okay. In terms of charter schools, are they 17 organized or developed according to certain core 18 concepts or core-oriented curriculum? 19 A Some schools are . There are some that have a 20 Hawaiian language cultural emphasis . Our school has an 21 emphasis that is more of a multi-cultural emphasis, and 22 we have an emphasis on programs that are developed by 23 the Curriculum Research and Development Group. 24 4 All right . Now what I would like to do is 25 talk about Connections specifically. You know, could SPP No. 12-000138 Page No. 002633 38 1 you tell us about Connections in terms of how it 2 started, how it has developed and grown? 3 A Okay. As I said before, we started as a 4 school within a school on the Mountain View campus . 5 And when the charter school law was passed, we became a 6 charter school in the year 2000 . Charter schools are V schools of choice, so families choose to send their 8 children to a charter school because they believe -- 9 most of them are because they believe in the programs 10 that the school offers . 11 Q And in terms of how Connections has grown and 12 developed, if you could explain that for us, please . 13 A We started as a K through 6 elementary 14 school . The next year, we became a K through 12 15 program and moved to the Kress building. 16 After a year of doing a K to 12 school, the 17 funding became an issue for maintaining the secondary, 18 or the high school, component of our school, so we cut 19 back to a K to 8 school . And in -- I think it was in 20 about 2006, we were the recipients of a Coalition of 21 Essential Schools grant through the Bill and Melinda 22 Gates Foundation, and we were given five years of 23 support for redeveloping our high school . So we 24 currently are a K to 12 program, and many of our 25 students will continue from kindergarten through 12th SPP No. 12-000138 Page No. 002634 39 1 grade . 2 We also get influxes in the secondary school 3 mainly for programmatic reasons . 4 Q In terms of your student body, do you have to 5 submit a plan for identifying, recruiting, and 6 selecting students under the law 302D-13? 7 A Yes, we do. 8 Q And that would be to that charter school 9 commission you talked about? 10 A Yes . 11 Q The suggestion has been made that the school 12 has not demonstrated "a need" for its agricultural 13 emphasis . Did you have to submit the school ' s 14 curriculum for review and approval, and are you 15 accountable to that charter school commission for that 16 curriculum? 17 A The governing board has the independent 18 authority to decide on the curriculum, so the 19 commission does not approve or disapprove the 20 curriculum for an existing charter school . If a new 21 charter school is started, then they would have to 22 convince the commission or the authorizer that the 23 curriculum that they are petitioning to put in place is 24 a sound curriculum. 25 When we first started as a charter school, we SPP No. 12-000138 Page No. 002635 40 1 did submit our plan to the Board of Education, and 2 because of our strong connection with the university 3 and the Curriculum Research/Development Group, we had 4 very few questions about our curriculum. 5 Q And you talked about the governing board. 6 Could you explain the organizational structure of 7 Connections? B A The governing board is a group of about seven 9 individuals from the school and the community. I think 10 by law, only one-third of them can work for the school . 11 And the governing board makes the -- those kinds of 12 decisions about the school and is the board that is 13 entrusted with maintaining the integrity of the 14 charter . 15 Q And then who is CBESS in relation to that? 16 A CHESS is an associated nonprofit that works 17 with the school for fundraising, particularly. 18 Q Okay. The school has received criticism that 19 since a number of students are from Puna, the school 20 should be in Puna . As a charter school, are you 21 limited to students from a geographic area on this 22 island? 23 A No. In our contract, we say where our 24 students will come from, and we have basically noted 25 that our students come from any area on the eastern SPP No. 12-000138 Page No. 002636 41 1 side of the Big Island all the way as far north as 2 Hamakua, all the way to Na ' alehu, in that direction, 3 and just -- it ' s a huge area . 4 Q And in terms of your student population, does 5 that also include students from the Kaumana area? 6 A Yes, it does . 7 Q Tell us about the current locations in terms 8 of the Connections campuses . 9 A Okay. Our K to 8 program is in the Kress 10 building in downtown Hilo, 174 Kamehameha Avenue . Our 11 high school campus, 9 to 12 , is at the Nani Mau 12 Gardens . We are leasing space in the old area that 13 used to be the salon. 14 Q And in terms of student demographics, could 15 you expand on that a little bit, please? 16 A Okay. About -- let ' s see --- in this school 17 year, about 74 percent of our students are receiving 18 free and reduced lunch, and this is the indicator that 19 is used to measure the poverty level at the school . 20 Ethnically, our school is about 40 percent 21 Native Hawaiian, 30 percent Caucasian, 12 percent 22 Asian, 7 percent Native American, 4 percent other 23 Pacific Islanders, 3 percent African-American, and 2 24 percent Hispanic. 25 Q Okay. And then in terms of your faculty and SPP No. 12-000138 Page No. 002637 42 1 staff? 2 A We employ about 25 full-time teachers and 3 about 28 other part-time and full-time staff to 4 support . 5 Q Let ' s go and talk about the new Connections, 6 what you envision. 7 What prompted the need to look for a new 8 campus site? 9 A Probably the most critical fact is that our 10 main building is the Kress building. And the nonprofit 11 is the owner -- CBESS is the owner of the Kress 12 building. It is in a tsunami inundation zone, so many 13 of our parents have been asking us over the years if we 14 would consider moving to a different site . Many of our 15 faculty would also like to see us move out of a tsunami 16 inundation zone . 17 We also would like to eliminate the high 18 school cost for our high school at the Nani Mau 19 Gardens . That is a year--to-year thing. 20 We need a new campus to ultimately provide 21 space for programs that we would like to establish, to 22 provide dormitory facilities for visiting groups of 23 educators and students, to facilitate interaction 24 amongst all the different levels . Our high school and 25 our elementary and middle school are physically SPP No, 12-000138 Page No. 002638 43 1 separated by about seven miles, so it does not give us 2 the amount of interaction that we ideally would like . 3 And I think very important is that we don ' t 4 really have the land at the Kress building to really 5 establish all of the agriculture programs, all of the 6 forestry conservation programs that we would like to 7 implement and are consistent with some of the reasons g why we originally started our charter school . 9 So with this, we would really like to 10 integrate the surrounding -- the natural environment 11 with much of the curriculum that we have been using 12 since the beginning. 13 Q And in terms of the process, describe the 14 process you and CBESS has followed to look for a new 15 campus site . 16 A Okay. In 2006, Act 292 of the legislature 17 created a task force on charter schools, on charter 18 school governance . 19 Q Just as a reminder, you can' t read from your 20 notes . 21 A I know, but I can ' t memorize some of that . 22 And one of the things that came out of this 23 task force was the critical need for facilities for 24 charter schools . And the law was changed in 2007 to 25 allow for charter schools to petition the Board of Land SPP No. 12-000138 w., Page No. 002639 44 1 and Natural Resources for empty land that we could use 2 to build on; so we sent a petition to the Department of 3 Land and Natural Resources and were given a list of 4 about five properties that would potentially meet the 5 criteria we were looking for. 6 We looked at all of these properties . We 7 studied them. We visited the sites . And the best g location that we could find was the Kaumana property, 9 so we indicated that we would like to proceed with that 10 property. 11 At that point, we hired Wil Chee Planning, 12 and through CBESS and through the school ' s available 13 funds, we worked with Wil Chee Planning to go through 14 the environmental assessment reports and all of the 15 bureaucratic steps that we had to take to secure the 16 property and the studies we had to do. 17 Our first environmental assessment was met by 18 some opposition from people that were involved with 19 Kaumana Cave, and at that point, the Department of Land 20 and Natural Resources said, "Why don ' t you look at 21 another list of properties and see if you can find 22 another property, because we really don ' t want to get 23 into a battle . " 24 And we looked at the list of properties that 25 they gave us . None of the properties were as good as SPP No. 12-000138 Page No. 002640 45 1 or as suitable for a site, in the opinion of our local 2 school board and CBESS . And so we met with the leader 3 of the cave opposition, Dr. Fred Stone, and we asked 4 him, you know, "Is there anything we can do to, you 5 know, help you to understand our vision and what we are 5 trying to do?" And he said, "The only thing that would 7 satisfy me is if you would not build on the upper 6 portion of the property. " 9 And so I brought that back to the boards, and 10 they agreed that we would not build on the upper 11 portion of the property; we would do a new 12 environmental assessment . 13 And so we did an amended environmental 14 assessment, even though our first one had passed, and 15 this took us another couple of years to go through 16 that . And that one was accepted in 2011, I believe . 17 And all of the development is on the lower end of the 18 property that only touches on Edita Street . 19 Q Right . And in terms of the lists that you 20 were given -- you talked to us about two lists of 21 properties that you were given -- did you at any time 22 or anybody from Connections say, "We are not going to 23 consider anything outside the Kaumana area"? 24 A No. 25 MR. HONG: We have an enlarged chart that is SPP No. 12-000138 Page No. 002641 46 1 in evidence regarding the conceptual plan. I was 2 wondering if I could bring that up. 3 THE HEARINGS OFFICER: Mr . Hong, are you 4 talking about the site plan? 5 MR. HONG: Yes . 6 THE HEARINGS OFFICER: Would you like -- 7 there is a Power Point that can be put up if you would 8 like . The computer is hooked up if you want the site g plan . 10 MR. HONG: Oh, well, that is fine too, I 11 guess . We also have it on an easel . And that would be 12 our preference, only because -- if we just use the 13 easel; that way, Mr. Thatcher is actually going to, you 14 know, point to it and everything else instead of 15 actually having to walk --- 16 THE HEARINGS OF'F'ICER: Okay. If you want to 17 use the easel, that ' s fine . 18 MS . SELF: We can ' t see that . 19 THE HEARINGS OF"F"ICER: He put it there. 20 MS . SELF: You can. 21 THE HEARINGS OF'F'ICER: Sorry. Yeah, he put 22 it there . 23 MR. HONG: Let me see . 24 THE HEARINGS OFFICER: Oh, Mr. Hong, before 25 we proceed any further, I 'm sorry to interrupt you, but SPP No. 12-000138 Page No. 002842 47 1 I don' t have any of the exhibits that are stipulated 2 into evidence . They were supposed to be brought here 3 today. So I hope we have them all, because we 4 stipulated to them, and it would be nice to have them 5 in front of me. 6 MR. GOMES : Do I hand them to you now? 7 THE HEARINGS OFFICER: And I was very 8 specific before this hearing that the exhibits were to 9 be numbered and presented at the hearing. 10 Mr. Gomes, if you have your exhibits, you can 11 hand them to me as well . 12 And, Ms . Self, do you have the County ' s 13 exhibits? 14 MS . SELF: Yes . 15 THE HEARINGS OFFICER: Can I have those? 16 Mr . Hong, I don ' t think these are all your 17 exhibits . 18 MR. HONG: We refer to the exhibits that are 19 in the record -- 20 THE HEARINGS OFFICER: Oh, I see . 21 MR. HONG: --- as those already being -- 22 THE HEARINGS OFFICER: Those are in the 23 record? 24 MR. HONG: flight . 25 MS . SELF: That ' s the same thing for the SPP No. 12-000138 Page No. 002643 48 1 Planning director . Ours are all -- 2 THE HEARINGS OFFICER: They are in the 3 record? 4 MS . SELF: All of ours are in the record, and 5 we refer to them by page numbers . 6 THE HEARINGS OFFICER: Thank you . 7 Mr. Gomes, do you have your exhibits? 8 MR. GOMES : Yes, ma ' am. 9 THE HEARINGS OFFICER: Mr. Hong, if this map 10 is in the record, could you tell me where in the record 11 it is? 12 MR. HONG: We are looking at page B7 in the 13 record -- of the Planning Commission record. 14 THE HEARINGS OFFICER: Thank you. Go ahead. 15 MR. HONG: Thank you. 16 BY MR. HONG: 17 4 Mr. Thatcher, using the blow-up of page 67 in 18 the planning commission record, would you kind of go 19 through, you know, that conceptual plan, the vision 20 that you were telling us about with respect to what you 21 anticipate the campus is going to be? 22 A Okay. This is a concept of a full 23 development of the campus . I think it ' s important to 24 make the point that this is a phase development, that 25 the first phase would not look like this . It would be SPP No. 12-000138 4. Page No. 002644 49 1 only the high school facilities, which would be -- high 2 school facilities is No. 5, right over here. 3 That would also include the dormitory, which 4 is No . 10 on this, which is farther towards the front, 5 right there, and it would include some -- or much of 6 the agriculture development areas, which would be at 7 the bottom section of the map, and the caretaker ' s 8 cottage, which would be up towards the front of the 9 map. 10 Q No --- I 'm sorry. I ' ve used this map so often 11 that I forget . Could you, for purposes of the hearings 12 officer, orient us? Where is Edita Street? Where is 13 Kaumana Drive? 14 A Sorry. 15 So Edita Street would be the street that is 16 dividing the upper and the lower end of the property. 17 So turning in on Kaumana Drive, to the left, there are 18 a group of about 11 houses that are on the left side . 19 The driveway would be at the section right here to go 20 into the lower end of the property. There is no 21 development of any roads on the upper portion of the 22 property. The driveway would be a two-lane driveway 23 that could be used for entrance and exit . And when 24 corning into the property, the first buildings would be 25 the dormitory towards the front . And the driveway SPP No. 12-000138 Page No. 002645 50 1 extends into kind of a circle pattern, roundabout kind 2 of a fixture right here . 3 And the campus, the elementary, the middle 4 school, the high school would be around that area, with 5 more parking lots . And the agriculture area towards 6 the bottom and the greenhouses would be supporting 7 that, all towards the bottom section of the property. 8 Q Okay. In terms of not only hiring Wil Chee, 9 you had talked to us about listening to Dr. Stone with 10 respect to how you envisioned --- or realizing your 11 vision of the campus . Did you also include or try and 12 include the community in that discussion? 13 A At that point, we had had, I think, maybe two 14 community meetings at the Kress building; so at the 15 community meetings, we updated the participants that 16 came with the changes that we were going to make in the 17 plan. I 'm not sure where else . 18 Q Okay. In terms of the plan, you said that 19 the first phase would be the high school -- 20 A Yes . 21 Q -- and perhaps the dormitories? 22 A Yes . 23 Q Right . 24 A And the agriculture . 25 Q And agricultural facilities . SPP No. 12-000138 Page No. 002646 51 1 With respect to the campus, did you have to 2 follow the DOE ed, specs for building, or -- yeah, for 3 planning and building your new school? 4 A No, we did not . 5 Q Why not? 6 A Those specs were created for larger 7 institutions; so there is one for elementary schools, 8 one for middle schools, and one for high schools . The 9 DOE was not supporting in any way. They were not 10 obligated to support the construction of this . So 11 those guidelines were created for Department of 12 Education facilities . 13 There are no guidelines for facilities for 14 charter schools in the state of Hawaii . So what we 15 followed was more of the standard practices and the 16 national best practices for construction of facilities, 17 and we worked with a number of different groups, 18 formally and informally, to create the concept for this 19 campus . 20 My assistant and I also visited other sites 21 on the mainland that had similar designs that we were 22 looking at and got a lot of ideas from those and worked 23 with Urban Works, an architect firm, to come up with 24 some conceptual designs for the new campus . 25 Q In total , when the whole complete campus is SPP No. 12-000138 Page No. 002647 52 1 finished, what is the maximum amount of students that 2 will be on the campus? 3 A The maximum would be 400 . 4 Q In terms of your high school currently, which 5 is the first phase that we are talking about, how many 6 students are enrolled in the high school? 7 A About 120 . S Q And with respect to the DOE guidelines, the 9 DOE ed. specs, we talked about there being separate 10 specs for elementary school . That was for --- my 11 understanding is for about 550 elementary school 12 students? 13 A Yeah. That is the average size . 14 Q And then in terms of the average size for the 15 DOE ed. specs, that would be approximately 600 16 students? 17 A Intermediate students, yes . 18 Q And for high school would be how many, 19 approximately? 20 A 1, 000 . 21 Q 1, 000 . Okay. 22 A So if you looked at this, you know, 23 conservatively, a K to 12 school would be about 2, 150 24 students all together. 25 Q And that would be under the DOE ed. specs? SPP No. 12-000138 Page No. 002648 53 1 A That would be what -- if they combined all 2 three. 3 Q Right . 4 In terms of incorporating community concerns, 5 you actually agreed at the other hearings to try and 6 move this conceptive drawing, in terms of buildings, as 7 far to the bottom of the property, the lower property, 8 away from the other residences . Is that right? 9 A Yes, we did. And we also took other 10 suggestions . It was suggested at one meeting that we 11 look for another way of accessing the property. And 12 when I went to talk to the owner of the property that 13 is adjacent that would actually give us access from the 14 new road, the new -- 15 Q Puainako extension? 16 A Puainako Extension Road. And I initially 17 went to talk to him, and he pretty much told me that he 18 has been lobbied by people from Pacific Plantations not 19 to let us use anything that he had and that he felt -- 20 he felt threatened by their demeanor , 21 Q That ' s Mr . Brilhante, right? 22 A Yes . 23 Q And he said he would try to keep an open mind 24 regarding access out onto Puainako Extension? 25 A Yes, he said he would keep an open mind, and SPP No. 12-000138 Page No. 002649 54 1 he said the reason why is one of his nieces went to our 2 school, and in his words, he said we are the only 3 school that ever tried to help her. 4 Q Let ' s talk about the intended uses . You said 5 there was going to be some agricultural component, and 6 there is some buildings on the property with respect to 7 agriculture . In terms of the -- what are those 8 programs? What are some of the programs that you 9 intend to implement at the site? 10 A Okay. The philosophy of Connections from the 11 beginning has been to create curriculum that is a 12 sustainable-oriented curriculum, so to try to move our 13 students in a direction where they could enter into the 14 sustainable economy of the future on the Big Island; so 15 many of our community members were a little upset that 16 their kids that did well in school would end up either 17 on Oahu or on the mainland to he able to get a job that 18 was paying them a living wage . 19 Part of our initial reasons for starting 20 Connections was to look at those industries that we 21 considered to be sustainable; so we considered 22 agriculture to be a sustainable industry. Forestry 23 conservation, support of the scientific community was 24 another area . Fcotourism was another area . We also 25 felt that the construction industry would be a SPP No. 12-000138 Page No. 002650 55 1 sustainable industry. 2 So having identified many of these areas, we 3 especially worked with our high school to try to gear 4 our programs towards those industries and exposure to 5 those industries . And so the agriculture was a big 6 component . 7 Our elementary -- beginning in our elementary 8 science program that ' s called DASH, was developed by 9 the Curriculum Research/Development Group, there is a 10 strong agricultural component in there starting in the 11 kindergarten and going through the sixth grade, and 12 then the middle and high school science programs we use 13 are also aimed towards supporting a good foundational 14 background for agriculture, forestry conservation. 15 Q Well, the soil conditions have been rated D, 16 a poor rating. How do you plant crops in the ground up 17 there on your property to do agriculture? 18 A Well, I think what we are finding over the 19 years is that agriculture is evolving away from the old 20 model of everything goes in the ground 21 plantation-style, and there is a lot more use of 22 hydroponics, aquaponics, greenhouses, shadehouses . 23 Most of the area, except for towards the bottom where 24 the river is, is pretty solid pahoehoe foundation; and 25 so the agriculture that would go on there would be SPP No. 12-000138 Page No. 002651 56 1 similar to many of the areas where our kids come from, 2 especially in Puna, where there is a limited soil . And 3 people that are farming in that area need to use 4 alternative methods, and the alternative methods are 5 proving to be way more productive than the old methods 6 with, you know, problems with contamination of soil and 7 things like that . It ' s a more futuristic way of doing 8 agriculture . 9 Q Okay. So you had talked about some of the 10 students coming from Puna . I mean, are your programs 11 directly related to just helping students who are just 12 from Puna? 13 A No, but we started -- the school started in 14 Puna, in Mountain View, And we have many families that 15 have actually -- we have the children of children that 16 we started working with, and so many of them appreciate 17 the education that they received from us . Some of the 18 kids say, "I got more science at Connections as an 19 elementary student than I got all through my high 20 school years . " And so we have a strong foundation of 21 people that live in that area; and as a charter school, 22 we can ' t discriminate if those are the people that are 23 applying to enter our school . 24 Q Okay. And so there are three general 25 programs that you would like to continue up there at SPP No. 12-000138 m.. ' Page No. 002652 57 1 the campus . Could you describe them for us, please . 2 A Weil, there ' s more than three, but those 3 three, the agriculture, the forestry conservation, and 4 the ecotourism, I think, would be the third one, the 5 way the property is, considering the upper and the 6 lower portion, the upper portion, which borders on most 7 of Pacific Plantations, is about 35 acres of 80 percent 8 Ohia trees and uluhe fern, which are both endemic or 9 indigenous to the island, to the state of Hawaii . The 10 other 20 percent of the growth is more exotic and trees 11 that have come in, plants that have come in, mostly 12 around the houses and the roads . 13 The lower portion of the property, where we 14 intend to build, is about 20 percent native growth and 15 about 80 percent exotic; so trees like albizia trees, 16 guaiwi, all of these are the kinds of exotic plants 17 that are considered invasive, and many people are 18 taking steps to try to eliminate those . 19 So in being able to show students, "Okay, 20 here ' s what a native forest looks like, " about 80 21 percent . There is still some things that need to be 22 re-introduced, like Koa trees, different kinds of ferns 23 that probably grew there historically in a lowland wet 24 rainforest. And we can show them through the bottom 25 how fast some of the invasives can spread, how they SPP No. 12-000138 Page No. 002653 58 1 come onto the property, and we can teach the kids ways 2 of mitigating the effects of the invasives, and not 3 necessarily just by poison, but more sustainable ways 4 of mitigating the effects . And I can ' t do that as well 5 in a classroom. A teacher cannot . 6 If you can take the students right outside 7 your door and say, "Here ' s what an albizia looks like 8 when it first starts, here ' s a keiki, " okay, "Here ' s 9 one that has been growing for 20 years . Look at the 10 rate of growth in only 20 years . Look what happened to 11 this one that has probably been growing for 50 years, 12 and it has fallen over. Imagine if that was in your 13 back yard. " 14 So we can ' t do that effectively in a 15 classroom, but we can do it on a site like this . 16 Q Sure. 17 One of the programs that you have right now 18 is that makery program? 19 A Yes . 20 Q Could you describe what you are doing and how 21 that would play into using this property. 22 A Okay. The makery is another program that 23 came to us through the Curriculum Research and 24 Development Group . The man who started the program is 25 Dr . Neil Scott . He is from New Zealand, and he is an SPP No, 12-000138 Page No. 002654 5 9 1 expatriate from New Zealand that has been working in 2 the United States for many years . He recently -- well, 3 maybe ten years ago -- was working at Stanford, and his 4 wife was very ill . He came to Hawaii on his way back 5 to New Zealand and just happened to meet some people 6 from the university who offered him a job immediately 7 because of his background. 8 And the makery is basically, like a bakery, 9 you can bake things . In a makery, you make things . 10 The students learn to make things . So the students 11 start off learning design with computer-aided design 12 programs . They are using very sophisticated software, 13 the software that is used by the telescopes and their 14 machine shops . They are using a lot of other 15 state-of-the-art software that is called CNC software, 16 computer numerically controlled. So from their 17 designs, for anything they can imagine, they take the 18 design, they learn to convert it into machine language, 19 and it interfaces with machines like 3D printers, laser 20 cutters . And so the kids are able to do very abstract, 21 high-level math on the computers, and they are able to 22 see the kinds of things that they can create . 23 And so they are also integrating art into 24 this . And we worked with the University of 25 Hawaii-Hilo ' s art department . And in our program, all SPP No. 12-000138 Page No. 002655 60 1 of the kids have to use original designs . They cannot 2 go onto the internet and steal a design and use that . 3 So the ethics of this kind of modern manufacturing is 4 also taught . 5 Q And what is the intent there? 6 A The intent is to give students the skills 7 that they need to enter industries like -- the 8 telescopes are going to have a huge need for people 9 that can do CNC work. The scientific community on the 10 Big Island that is growing every day has a need for 11 this kind of work. On the practical level, anyone that 12 is making cabinets, bathroom fixtures, whatever, needs 13 to know this kind of design work. 14 And so there are a lot of opportunities for 15 students that have this kind of a background to either 16 pursue higher education or to get jobs very quickly out 17 of high school and be making up to $50, 000 a year right 18 out of high school . 19 Q Okay. Another program you are implementing 20 and you would like to carry over to this property would 21 be the after-school program for your high school 22 students? 23 A Yes . 24 Q Explain that . 25 A Our after--school program is the first in the SPP No. 12-000138 Page No. 002656 1 1 state of Hawaii that is part of the High Tech Youth 2 Network. The High Tech Youth Network is an 3 organization that started with the -- what is known as 4 the Computer Clubhouse Model on the mainland. Started 5 out of MIT . 6 And Computer Clubhouses are actually in about 7 20 different countries now, and they are focused on 8 populations that are underserved is the word that is 9 used, and they are implementing programs in 10 after-school that expose kids to areas like sound 11 production, video production and editing. 12 And the High-Tech Youth Network has really 13 responded through their visits to our program and would 14 like to create makeries that will go along with the 15 High Tech Youth Networks all around New Zealand. And 16 their goal -- they have established a North Pacific 17 regional office in Honolulu, and they are currently 18 expanding, with our program as the first one, as the 19 model . They are anticipating expansion to many of the 20 charter schools throughout the state . So they have 21 worked with the governor ' s office, lieutenant 22 governor ' s office, to try to help support these kinds 23 of programs . And we started this year with 16 kids on 24 the third day of school . Within a month, we had 86 25 kids in the program, so. . . SPP No. 12-000138 Page No. 002657 62 1 Q And describe the program. What time does it 2 start, what time does it end? 3 A It starts right after school . So school 4 usually ends at 2 : 00 . We start about 2 : 30 . We do not 5 charge our students anything. Unlike A-Plus -- we have 6 A-Plus, where families are charged unless they are at 7 the, you know, free or reduced lunch level . The 8 after-school program -- the kids named it Studio 9 Shaka -- is going until 6 : 30 in the evening. We also 10 provide transportation to some students who either 11 don ' t want to or can ' t take the bus to their homes . 12 Q And then this is a third aspect in terms of 13 the programs you want to continue . Some of your high 14 school students -- and we are now talking about phase 15 one -- attend or take community college courses at 16 UH-Hilo? 17 A Yes . 18 Q Tell us about that . 19 A At our school, one of our graduation 20 requirements is that all students most have at least 21 one post-secondary class to graduate. And 22 post-secondary classes are usually taken at the 23 community college or the university. 24 Because many of our students can apply for 25 funding through programs that support Native Hawaiian SPP No. 12-000138 Page No. 002658 63 1 students or economically disadvantaged students, many 2 of our students will take college-level classes 3 starting at 11th and 12th grade and basically get 4 credit through the college and through our school; and 5 so it ' s kind of like they are getting double credits . 6 And especially those who cannot afford to go 7 to college, whose families have never gone to college, 8 this is a way of introducing the kids to the college 9 environment and supporting their development. We give 10 thein rides, we pick them up, whatever it takes to get 11 them there . 12 And so most of our juniors and seniors -- in 13 fact, some of our seniors, that is where all of their 14 classes are taken. 15 Q 5o even though we are talking about bodies or 16 number of students at that first phase, 107 -- or 1- 17 A 120. 18 Q 120 --- not all 120 students will be on the 19 campus at any given day, correct? 20 A Yes . 21 And, you know, the first part of the year, 22 some of the seniors are taking classes . The second 23 part of the year, most of our seniors are not there, so 24 that would put the population that is there on a 25 regular basis at closer to about 90 students on a daily SPP No. 12-000138 Page No. 002659 64 1 basis . 2 Q Okay. And how many of those students are 3 bused in or given some kind of transportation in? 4 A Almost all of our students are . Most of our 5 students -- very few of them have a car or can afford a 6 car . 7 Q Okay. In terms of developing this property 8 and getting to the point where we are now, you would 9 agree that some mistakes have been made in terms of 10 clearing the land, let ' s say, or identifying the 11 perimeter of the property? 12 A Yeah . 13 When we first started, we had no support from 14 anyone, and so except for the planning -- the planning 15 groups that we had hired, we really did not have any 16 experience or enough money to go out and hire a 17 planning -- or a manager of the project . 18 In response to some of the concerns of the 19 neighbors, they asked that "Why couldn' t a fence be put 20 up around the perimeter of the property?" So we said, 21 "Okay. We have funds that we could put up a fence . " 22 So we hired someone to put up a fence. The guy we 23 hired subcontracted a bulldozer to -- he was supposed 24 to clear one blade wide . 25 While the work was going on, I had to go to SPP No. 12-000138 Page No. 002660 65 1 the mainland. One of my nephews had cancer at 28 years 2 old and died, and I had to go to the mainland; so my 3 assistant was in charge of oversight of that, and, 4 unfortunately, his wife had to be flown to Oahu, to the 5 hospital . She was hapai, and there was complications . 6 While both of us were away, the contractor 7 for the fence and the bulldozer that he had 8 subcontracted to was cutting the pathway too wide, two 9 bulldozer widths or more in some places . And it was 10 reported that they were taking trees, Ohia trees, off 11 the property. 12 One of my own children saw trucks going down 13 Kaumana Drive, because we live on Kaumana Drive, and 14 called me in Texas and said, "Are these guys supposed 15 to be taking trees out?" I said, "Absolutely not . 16 Call the police . " So he called the police, and the 17 initial police report was made . 18 So, you know, I think -- after that 19 experience, we learned our lesson. 20 Q Right. 21 And there was a lack of a grading permit that 22 we retroactively -- 23 A Right . We went back and retroactively got 24 the grading permit . 25 Q And in terms of -- was there any fine or SPP No. 12-000138 Page No. 002661 66 1 anything imposed? 2 A The department -- or the Board of Land and 3 Natural Resources fined us the minimum and noted that 4 we had self-reported this incident, and they fined us 5 the minimum that they could. 6 I think it ' s important to note that we 7 probably wouldn ' t have needed the grading permit if the 8 contractor had stayed to the one blade wide . The land 9 that would have been graded would have been less than 10 an acre . And that was the original contract with that . 11 Q Part of what the board had required was a 12 reforestation plan? 13 A Yes . 14 Q And did you comply with that? 15 A Yes . Had a reforestation plan that was 16 developed by an expert . 17 Q And was that approved by the board? 18 A Yes, it was . 19 Q Okay. Let ' s talk about funding. Just to be 20 clear, DOE provides charters no funding in terms of 21 facilities? 22 A Yes . 23 Q And in terms of this particular project, how 24 is it your intent to get the funding to build the 25 project? SPP No. 12-000138 Page No. 002662 67 1 A Well, one of the reasons for building on 2 state land is that makes us eligible for going in for 3 grant and aids or other funding that could be available 4 to state projects . Sc we can petition the legislature, 5 we can write grants and aids for support for this . We 6 can also work with other entities that would typically 7 build on state lands. There are entities that will do 8 turnkey projects, even, for charter schools or other 9 private schools . And for public schools, the 10 requirement is that you are on state land. For the 11 state, they will not give us money to build if we are 12 trying to build on private property. 13 Q Okay. And then in terms of the initial 14 phase, the first phase, do you have the funding to 15 start building that? 16 A Yes, we do. We have it obligated under a 17 U . S . D.A. Department of Agriculture 40-year loan at a 18 low interest rate, and that was secured several years 19 ago. And in our last meeting with the U. S. D.A. 20 officials, they said, "The money is sitting in an 21 account, and as soon as you are ready to start 22 building, then you can start drawing down the funds . " 23 They will not lapse or go back to the government . 24 MR. HONG: And just for scheduling purposes, 25 I only have a few more minutes . SPP No. 12-000138 Page No. 002663 6 8 1 THE WITNESS : And that is $8 million . 2 BY MR. HONG: 3 Q Okay. And then a concern was brought up 4 about a charter school using catchment . Are you aware 5 of any other charter schools on this island using 6 catchment -- yeah, uses catchment water? 7 A I know that the Volcano School I believe was 8 awarded the former Keokea Lani Outdoor Education 9 Center . When I moved to the Big Island in 1992, I was 10 originally planning to work at that facility, so I am 11 very familiar with that facility. It was open for many 12 years for all of the sixth-graders on the Big Island to 13 go to the facility and go through outdoor education 14 projects . They are solely using catchment . It is a 15 covered catchment tank that is tested on a regular 16 basis, and the water is used for everything, all the 17 water needs for that school . 18 Q Okay. In terms of wrapping up, the last 19 topic I want to talk to you about today is community 20 input . How many meetings with the community do you 21 recall having regarding your project? 22 A T recall having four meetings . There may 23 have been a fifth, but I don ' t recall that one . 24 Q Okay. And the primary concerns were traffic, 25 water, essentially "not in our neighborhood"? SPP No. 12-000138 - Page No. 002664 69 1 A That was most of the concerns . The most -- I 2 guess the hardest concerns for us to understand were 3 the concerns that our students, because they were poor, 4 would be breaking into people ' s houses . And that was 5 hard for a lot of our community to take, that, you 6 know, just because our students are poor does not mean 7 that they are thieves . 8 And one woman I was talking to said, "Well, 9 maybe" -- when I explained to her we have security, our 10 kids aren ' t roaming the streets, she said, "Well, maybe 11 it won ' t be them, it will be their families when they 12 see our nice houses . " And that was very hard to deal 13 with. 14 Q Well, in terms of traffic and water, you 15 revised your project plans . Is that correct? 16 A Yes, we did. 17 Q Those concerns were brought up, and one of 18 the offers you made to the community was to put 19 community members on a campus design committee . Is 20 that right? 21 A Yes, we did. 22 Q So you could incorporate their input with 23 respect to any of the other phases? 24 A Yes . 25 Q floes that still stand today? SPP No. 12-000138 Page No. 002665 70 1 A Of course . 2 Q Do you think, despite that conflict and .3 hostility with the community, you can still work with 4 community members? 5 A I know we can work with them. 6 Q Okay. And you live in the Kaumana community. 7 You said your wife/family travel up and down Kaumana 8 Drive every day. Would you want to initiate a 9 construction project in that area that would endanger 10 your family or yourself? 11 A No. Absolutely not . 12 MR. HONG: Okay. Thank you, Mr. Thatcher. I 13 have no further questions . 14 THE HEARINGS OFFICER: We are going to take a 15 break for the court reporter; but before we take the 16 break, we have to call a witness out of order. So, 17 Mr . Gomes, how long do you think you will take for 18 cross-examination of Mr . Thatcher? 19 MR. COMES : At least a half hour. 20 THE HEARINGS OFFICER: And what I am going to 21 do, Mr . Hong, is ask you, after the recess, to take 22 that other witness, and then we will recall 23 Mr. Thatcher to finish his testimony. 24 MR. HONG: Very good. Thank you. 25 THE HEARINGS OFFICER: Ten minutes , SPP No. 12-000138 Page No. 002666 71 1 (Recess ensued from 10 : 38 a .m. to 10 : 46 a .m. ) 2 THE HEARINGS OFFICER: We are back on the 3 record. 4 Before we begin, I will note the presence of 5 the parties . 6 Carrie -- Maki? -- 7 MS . MARX: Marx. 8 THE HEARINGS OFFICER: -- I 'm sorry, Marx -- g has asked if she can videotape this proceeding, so I am 10 going to ask the parties if any of the parties have any 11 objection. I have told Ms . Marx that my position with 12 videotape, including the press, is they should be 13 allowed to do it, providing that it is unobtrusive and 14 doesn' t interfere with the proceeding. 15 So, Mr. Hong, do you have any objection to 16 her videotaping? 17 MR. HONG: Yes, we object . She is not an 18 objective party. She is actually opposed to the 19 project, has taken a position against it, testified at 20 the Planning Commission against it; so we object . 21 THE HEARINGS OFFICER: Mr. Siu? 22 MR. SIU : I join in Mr. Hong' s objection. 23 THE HEARINGS OFFICER: Ms . Self? 24 MS . SELF: We don ' t have a stand on this one . 25 THE HEARINGS OFFICER: Mr . Gomes? SPP No. 12-000138 Page No. 002667 72 1 MR. GOMES : No objections . 2 THE HEARINGS OFFICER: All right . Since 3 there is an objection, Ms . Marx, I am not going to 4 allow you to videotape this proceeding. You are free 5 to order a copy of the transcript from the court 6 reporter. Whether or not you are a party, you can 7 still order a copy if you wish to pay for it . 8 Mr . Hong, do you want to proceed? 9 MR. HONG: Yes . 10 Before us is Mr . Glenn Tada . And we are 11 looking at pages 1428 through 1429 in the Planning 12 Commission record. 13 THE HEARINGS OFFICER: Mr. Tada, would you 14 please raise your right hand. 15 16 GLENN TADA, 17 having been first duly sworn to tell the truth, the 18 whole truth and nothing but the truth, was examined and 19 testified as follows : 20 THE HEARINGS OFFICER: Could you just give us 21 your full name and your address . 22 THE WITNESS : My name is Glenn Tada . My 23 address is 259 Edita Street . 24 THE HEARINGS OFFICER: Go ahead, Mr . Hong. 25 MR. HONG: Thank you. SPP No. 12-000138 Page No. 002668 V3 1 DIRECT EXAMINATION 2 BY MR. HONG: 3 Q Mr . Tada, you have before you from the 4 Planning Commission record pages 1428 through 1429 . Do 5 you see that? 6 A Yes, I do. 7 Q And that is a letter that you signed and your 8 wife Karen Tada signed, right? 9 A That is correct . 10 Q And you presented that to the Planning 11 Commission, right? 12 A Yes, we did. 13 Q Okay. One of the concerns you wrote in your 14 letter was that you were concerned about "building a 15 large facility that would change the climate of ray 16 neighborhood. " 17 Do you see that? 18 A What paragraph are you on? 19 Q Hold on. 20 A I 'm sorry. The first paragraph? 21 Q Yeah. Right there, first paragraph, 22 second-to-the-last line. "By permitting Connections 23 Charter to build a large facility . " Do you see that? 24 A Yes, I do. 25 Q "Change that climate of my neighborhood, " SPP No. 12-000138 Page No. 002669 74 1 correct? That is your sentence, right? You wrote 2 that? 3 A My wife wrote the letter . 4 Q Okay. You agreed with the contents of that 5 letter? 6 A Yes, I did. 7 Q And that is a fair and accurate copy of your 8 signature on page 1429? 9 A Yes, sir. 10 Q Okay. So when you were talking about 11 building a large facility changing the climate of your 12 neighborhood, you mean the total project, correct, as 13 fully built out? 14 A You mean the Connections school, correct? 15 Q Yes . 16 A Yes . 1-/ Q Okay. And farther along down your letter, 18 you are talking about "Our area is not adequate to 19 sustain a facility of that size and student count . " 20 no you see that particular part? 21 A Yes . 22 Q And with respect to -- let me cut to the 23 chase in terms of this entire letter. I was going to 24 go down paragraph by paragraph, but in terms of this 25 particular letter, your concern was, when you look at SPP No. 12-000138 Page No. 002670 75 1 the project as a whole, when it is fully built out, not 2 the individual phases, correct? 3 A That is correct . The school as a whole, 4 correct . My concerns were, of course, the traffic. 5 Q Sure . Okay. 6 Did you ever provide any comments or 7 challenges to the final environmental assessment? 8 A No, I did not . 9 Q Why not? 10 A I wasn ' t aware that I should have or would 11 have had the opportunity. 12 Q Okay. Would you be willing to sit on a 13 campus design committee to help minimize the impacts of 14 the project? 15 A I would have to check. I 'm not sure if my 16 job will allow me the time to set aside for this type 1-/ of endeavor. 16 Q Okay. There is a website, 19 "NoConnectionsever. com. " Were you aware of that 20 website? 21 A No, I was not . 22 Q Okay. Were you getting e-mail from anybody 23 from NoConnectionsever. com? 24 A I would have to check. I did receive a few 25 e-mails from someone in the neighborhood. SPP No. 12-000138 Page No. 002671 76 1 Q Layne Novak? 2 A That is correct . I 'm not sure what website 3 or e-mail it was being sent off. 4 Q Okay. And, to your knowledge, as you are 5 sitting here under oath this morning, do you know who 6 defaced or vandalized the school with bumper stickers 7 on October 17th or 18th of 2012? 8 A No, I do not . 9 MR. HONG; Okay. Thank you, Mr. Tada . No 10 further questions . 11 THE HEARINGS OFFICER: Mr. Siu, I take it you 12 have no questions? 13 MR. SIU: That ' s correct . 14 THE HEARINGS OFFICER: Ms . Self? 15 MS . SELF: No questions . 16 THE HEARINGS OFFICER: Mr. Gomes? 17 MR. GOMES : No questions . 18 THE HEARINGS OFFICER: Thank you. You are 19 excused. 20 Also, once a witness is excused, may the 21 witness remain in the room? 22 MR. HONG : No objection. 23 THE HEARINGS OFFICER: Mr. Siu? 24 MR. SIU : I have no objection. 25 MS . SELF: No objection . SPP No. 12-000138 Page No. 002672 77 1 MR. COMES : No objections . 2 THE HEARINGS OFFICER: You are free to stay 3 until you have to leave, but not in the witness chair. 4 THE WITNESS : Thank you. 5 MR. HONG: We have an individual responding 6 to a subpoena duces tecum that you had signed from the 7 Real Property Tax Division who is going to produce 8 records this morning. 9 THE HEARINGS OFFICER: Do you want to call 10 her as a witness? 11 MR. HONG: Right . That will get her out real 12 quick. 13 THE HEARINGS OFFICER: That ' s fine . 14 MR. HONG: Thank you. 15 One more matter. Mr. Thatcher is an 16 Applicant, certainly the representative of the 17 Applicant, Connections School . I would consider him a 18 party of the entity and would ask that he be allowed to 19 sit in for the entire proceedings even though he is a 20 witness . 21 THE HEARINGS OFFICER: Mr. Siu, any 22 objections? 23 MR. SIU: No. 24 THE HEARINGS OFFICER: Ms . Self? 25 MS . SELF: No objections . SPP No. 12-000138 Page No. 002673 78 1 THE HEARINGS OFFICER: Mr . Gomes? 2 MR. DOMES : No objections . 3 THE HEARINGS OFFICER: He may sit . 4 MR. HONG: Thank you. 5 THE HEARINGS OFFICER: Although I don ' t think 6 there is going to be enough room at the counsel table 7 for him. 8 MR. HONG: That ' s true . 9 THE HEARINGS OFFICER: Can you please raise 10 your right hand. 11 12 LISA NAHOOPII, 13 having been first duly sworn to tell the truth, the 14 whole truth and nothing but the truth, was examined and 15 testified as follows : 16 THE HEARINGS OFFICER: Thank you . Can you 17 state your full name and your address? 18 THE WITNESS : Lisa Nahoopii, P .O. Box 2997, 19 Kamuela, Hawaii 96743 . 20 21 DIRECT EXAMINATION 22 BY MR. HONG: 23 4 And, ma ' am, would you spell your last name 24 for the record, please . 25 A Sure . N, as in Nancy, a-h-o-o-p, as in SPP No. 12-000138 p Page No. 002674 7 9 1 Peter, i-i . 2 Q Thank you. 3 And where are you presently employed? 4 A County of Hawai ' i Real Property Tax Office . 5 Q All right . And was the County of Hawai ' i 6 Real Property Tax Office served with a subpoena duces 7 tecum? 8 A Yes . 9 Q And are you the representative from the Real 10 Property Tax Office responding to that subpoena duces 11 tecum? 12 A Yes . 13 Q And did you produce records pursuant to that 14 subpoena duces tecum? 15 A Yes . 16 Q And are those fair and accurate copies of the 17 records kept within the Real Property Tax Division? 18 A it is . 19 Q And are those records that you produced and 20 made copies of kept in the ordinary course of business 21 from the Real Property Tax Department? 22 A Yes . 23 Q All right . And could you describe the 24 records that you have brought? 25 A Okay. So we were required -- or requested to SPP No. 12-000138 Page No. 002675 80 1 bring over about ten years of data that we had on the 2 property parcel number, and the parcel number that was 3 before us was (2) 5-047-012 . 4 So we have a plat map. I was told to bring 5 an original and four copies . Do I need to pass that 6 out? 7 Q No, no, you can just turn them over. 8 A Okay. 9 Q And you brought an original and four copies? 10 A I did, and we certified them to be the 11 original . 12 MR. HONG: I don ' t believe I have any further 13 questions unless, in terms of the hearings officer, 14 would you take the original and four or take the 15 original and -- 16 THE HEARINGS OFFICER: Are you introducing 17 these as exhibits into this proceeding? 18 MR. HONG: We anticipate them to be rebuttal 19 evidence based on the witnesses who are listed, so. . . 20 THE HEARINGS OFFICER: Then we are not taking 21 any of this until you submit something into evidence 22 and there is an opportunity for objections . Even 23 though the record is under seal, there is still a 24 question of whether they are relevant and material . If 25 you want to introduce them now, that ' s fine, but I 'm SPP No. 12-000138 Page No. 002676 81 1 going to ask the other parties if there are any 2 objections; then you are going to have to represent why 3 it ' s material and relevant to submit them into 4 evidence . 5 MR. HONG: All right . Then we will mark 5 these as our next in order and then ask that they be 7 entered into evidence . 8 THE HEARINGS OFFICER: Okay. What number is 9 that in order, Mr. Hong? 10 MR. HONG: 821 . 11 THE HEARINGS OFFICER: Mr. Hong, can you 12 provide why the ten years of tax records are relevant 13 and material to this proceeding? 14 MR. HONG: They are relevant and material 15 because there has been testimony, and it is in the 16 Planning Commission record, and we anticipate that one 17 of the witnesses who will be called by Mr. Gomes is 18 going to testify that the school in their residential 19 neighborhood -- or their neighborhood would diminish or 20 decrease real property tax values . These records are 21 from a house directly across the street from Kaumana 22 Elementary School that has shown that, in the last ten 23 years, that property value has increased. 24 THE HEARINGS OFFICER: Okay. Mr . Siu? 25 MR. SIU : No objections . SPP No. 12-000138 Page No. 002677 82 1 THE HEARINGS OFFICER: Ms . Self? 2 MS . SELF: No objections . 3 THE HEARINGS OFFICER: Mr . Gomes? 4 MR. COMES : No objections . 5 THE HEARINGS OFFICER: Then I will admit A-21 6 into evidence. 7 Can you provide me with the original and 8 copies to the parties? 9 MR. HONG: Yes . 10 For the record, I am handing the Hearings 11 Officer an original of A-21 and the other parties a 12 copy of A-21 . 13 MR. GOMES : Thank you. 14 MR. HONG: And I have no further questions of 15 this witness . 16 THE HEARINGS OFFICER: Mr. Siu, any 17 questions? 18 MR. SIU: I have nothing. 19 THE HEARINGS OFFICER: Ms . Self, cross 20 examination? 21 MS . SELF: No questions . 22 THE HEARINGS OFFICER: Mr. Gomes, any 23 questions for this witness? 24 MR. COMES: I have a couple of questions . 25 THE HEARINGS OFFICER: Go ahead. SPP No. 12-000138 Page No. 002678 83 1 MR. COMES : Do I mark this first as A-21? 2 THE HEARINGS OFFICER: It is your copy. 3 MR. COMES : Okay. Thank you. 4 5 CROSS EXAMINATION 6 BY MR. COMES : 7 Q Hi . 8 A Hi . 9 Q Mrs . Nahoopii? 10 A Uh-huh. 11 Q I 'm Jeff Gomes . 12 Do you know offhand how many properties on 13 Kaumana Drive are undeveloped? 14 A No. 15 Q Is it possible that there could be 100, 200? 16 A I don ' t know. 17 Q That is not what you do? 18 A No . 19 MR. COMES : Thank you . No further questions . 20 THE HEARINGS OFFICER: Any redirect? 21 MR. HONG : No questions . 22 THE HEARINGS OFFICER: Thank you so much for 23 your time . 24 THE WITNESS : Thank you. 25 MR. HONG: I believe Mr. Thatcher is still on SPP No. 12-000138 Page No. 002679 84 1 the stand. 2 THE HEARINGS OFFICER: Yes . 3 MR. HONG: Thank you. 4 THE HEARINGS OFFICER: Mr . Thatcher, let me 5 remind you you are still under oath. 6 THE WITNESS : Thank you. 7 THE HEARINGS OFFICER: Mr. Siu, since you are 8 doing this jointly, I take it you don' t have any 9 questions of Mr. Hong ' s witnesses? 10 MR. SIU: That is correct . 11 THE HEARINGS OFFICER: So I don ' t need to ask 12 you after his direct . Is that correct? 13 MR. SIU: You don' t have to. It ' s nice, but 14 you don' t have to . 15 THE HEARINGS OFFICER: Ms . Self, do you have 16 any cross examination? 17 MS . SELF: No, I don ' t . 18 THE HEARINGS OFFICER: Mr . Gomes? 19 MR. DOMES : I have some. 20 THE HEARINGS OFFICER: Go ahead. 21 22 CROSS EXAMINATION 23 BY MR. GOMES : 24 4 May I call you John? 25 A Sure . SPP No, 12-000138 Page No. 002680 85 1 Q John, what is your relationship to 2 Connections Charter School? 3 A I am the principal of Connections . q Q And you are authorized to testify on behalf 5 of the school at this hearing? 6 A Yes, I am. 7 Q Have you read the special permit application B submitted by the school? 9 A Yes, I have . 10 Q And are you familiar with the representations ll made in the application? 12 A Yes, I am. 13 Q And do you agree with those representations? 14 If not, what portions of the application do you not 15 agree with2 16 A I agree with them. 17 Q And are you familiar with the properties 18 which are the subject of this application? 19 A Yes, I am, the property. 20 Q Is that because you live nearby the property? 21 A I 'm familiar with it because this is the 22 property we submitted for use as a school . 23 Q In connection with the application, the 24 school submitted a final environmental assessment dated 25 November 8 , 2010 . Is that correct? SPP No. 12-000138 Page No. 002681 86 1 A I believe that is the date . 2 Q You, as well as other administrators of the 3 school, provided input in the preparation of the final 4 environmental assessment . Is that correct? 5 A I 'm not sure what you mean by "the other 6 administrators . " I provided input . I can speak for 7 myself. 8 Q Did you ask anybody else from your school to g provide input? 10 A Personally did I ask them to? I don ' t recall 11 if I did. 12 Q And did you or others connected with the 13 school approve the final environmental assessment? 14 A The final was not under our jurisdiction to 15 approve . 16 Q Under Section 2 . 3 . 2, "Alternative Site 17 Locations, " on page 15 of the final environmental 18 assessment, it states as follows : Connections 19 conducted an extensive search of possible properties on 20 which to develop a new school campus and found that the 21 Kaumana project site was the only acceptable site 22 within the school ' s service area that satisfied its 23 selection criteria . In addition, the Kaumana project 24 site was uniquely suited to support both an 25 agricultural program and a conservation program. SPP No. 12-000138 Page No. 002682 87 1 Do you agree with this statement? 2 A Yes, I do . 3 Q What is the school ' s service area? 4 A As I stated previously, it is an area that 5 extends from Hamakua to the north down to Pahoa in the 6 south and up the volcano highway as far as Na ' alehu, and all of the Hilo area . g Q Okay. And how was this service area g determined? By whom was it determined? 10 A It was determined by our governing board. 11 Q The other properties which you considered are 12 identified in table 2-1 on page 16 of the final 13 environmental assessment . Is that correct? 14 A I don' t see that in front of me . Could you 15 repeat the page numbers? 16 Q It is table 2-1 on page 16 of the final 17 environmental assessment . 18 THE HEARINGS OFFICER: Mr. Gomes, do you have 19 a copy of that that you can show the witness? 20 MR. HONG: My understanding is that we are 21 looking at page 77 of the Planning Commission record. 22 Is that right? 23 MR. DOMES : No . This is the final 24 environmental assessment . 25 MR. HONG: Looking at page 506 and 507 of the SPP No. 12-000138 Page No. 002683 88 1 Planning Commission record. 2 MR. COMES : 3 Q So it is on page 16, table 2-1 . 4 MR. HONG: 16? 5 THE WITNESS : That is not what you have put 6 in front of me . 7 MR. HONG: Page 16. Sorry, say that again? 8 Section? 9 MR. COMES : Table 2-1 on page 16 of the final 10 environmental assessment . 11 MR. HONG: Oh, he is .looking at the petition. 12 Okay. Page 16 of the final -- 13 MS . SELF: Page 490 -- 14 MR. HONG: 490 . 15 MS . SELF: -- of the record. 16 MR. COMES : Okay, of the record. 17 MS . SELF: Right . 18 MR. COMES : Okay. 19 BY MR. COMES : 20 Q And none of these properties were deemed to 21 have satisfied the school ' s selection criteria exactly. 22 Is that right? 23 A That ' s correct . 24 Q Would you explain what the selection criteria 25 was? SPP No. 12-000138 Page No. 002684 89 1 A The selection criteria was based on the size 2 of the property, access to the property, the 3 infrastructure that was nearby. Those were the main 4 criteria . 5 Q And who was on your selection committee? 6 A This would be the governing board. At that 7 time, it was called the local school board. 8 Q Were any community members from Kaumana on 9 your selection committee? 10 A I don ' t recall at that time. There was one 11 member that lived in the neighborhood. I 'm not sure if 12 he was on the governing board at that time . 13 Q And what time was this? What period of time 14 was this when you did that selection? 15 A That would have been probably 2010 . I can ' t 16 give you an exact month or date . 17 Q And can you tell us why the subject 18 properties are uniquely suited to support both an 19 agricultural and conservation program? 20 A As I stated before, the upper portion of the 21 property -- the two properties are about identical in 22 size, very close . The upper portion of the property, 23 which has a border with your house, is about 80 percent 24 endemic, indigenous native Hawaiian plants . The lower 25 portion of the property is about 20 percent native SPP No. 12-000138 Page No. 002685 90 1 Hawaiian plants . And so as a living laboratory, this 2 site provides us with an opportunity to teach our 3 children about invasive plants, about forestry and 4 conservation practices . It gives us an opportunity for 5 our students to investigate the flora of a typical 6 rainforest, windward rainforest, at about 7- to 900 feet . 8 Historically, there were Koa trees that grew 9 in lowland elevations . In fact, I believe that the 10 Koaia -- I think that ' s the name of it -- grew almost 11 down to the coast . So these are opportunities that 12 provide for us to be able to show how invasives can 13 come into a native forest and for us to show the kinds 14 of conditions that would make it favorable for these to 15 invade an area . And the fact that 80 percent of the 16 property on the upper portion is still fairly pristine 17 is something that is a little unique to the property. 18 4 Thank you. 19 So are you saying that none of the other 20 properties are suitable to support both an agricultural 21 and conservation program? 22 A The governing board at the time did not see 23 that any of these properties would have fulfilled that 24 requirement and been of a size that was workable for 25 the school . SPP No, 12-000138 Page No. 002686 91 1 Q Going back to the selection criteria, you 2 concluded that a 20-acre cultivation area was needed 3 for school ' s agricultural program. Is that correct? 4 A We concluded that it would be ideal if we 5 could set aside 20 acres, because this is the size of 6 the agricultural park that the university is using 7 close to Kea ' au. 8 Q And do you know how many crops are grown on g the UH farm? 10 A No, I don ' t know exactly. 11 Q Or how many students are involved in 12 cultivating the farm? 13 A I am not familiar with that . 14 Q Do you know the classification of the soil of 15 the UH farm? 16 A I believe there ' s probably several different 17 kinds of soil . 18 Q Does Connections currently have an 19 agricultural program? 20 A Yes, we do. We have a limited program. 21 Q And where do you conduct your agriculture? 22 A Some of the research is classroom-based 23 research . In fact, a lot of it is . And our students 24 are growing things hydroponically, aquaponically, at 25 both the Kress campus and at the Nani Mau Gardens . SPP No. 12-000138 Page No. 002687 92 1 Q And how many students are enrolled in each 2 program? 3 A We have 359 students in our school . 4 Q And they are all enrolled in the agricultural 5 program? 6 A We don ' t enroll them in that program. 7 They -- all of our students at the school have an 8 opportunity to take classes that are related to 9 agriculture . In fact, many of our classes have an 10 agricultural component that is integrated into the 11 classroom. 12 Q So are all the students required to take the 13 agricultural curriculum? 14 A All of the students are required to take 15 certain amounts of math, of science, of all the other 16 disciplines; and so, in essence, all of our students 17 will be exposed to the agricultural components of our 18 school . 19 Q Has the school conducted any studies to 20 determine the demand or need for such programs within 21 the state? 22 MR. HONG: Excuse me. I object, not 23 relevant . 205-6 is the criteria there . Talks about 24 what the party desires with respect to the land use, 25 not necessarily that it has to conduct a need. SPP No. 12-000138 ` Page No. 002688 93 1 THE HEARINGS OFFICER: Mr . Gomes, what is 2 your response? Do you have a response? 3 MR, COMES: I can move on to another 4 question . 5 THE HEARINGS OFFICER: Then I sustain the 6 objection. 7 BY MR. GOMES : 8 Q What are the terms of the state lease for the 9 properties? 10 A The lease, I believe, is for 65 years . 11 Q And does it give you the right to make any 12 improvements without permits? 13 A I believe that any improvements would have to 14 not -- initially, without the permits, would have to 15 support agricultural uses, but I 'm not clear on that . 16 Q And you were cited for a violation. Is that 17 correct? 18 A We seif-reported the violation of the 19 bulldozer. 20 Q And were you cited for it? 21 A The school was cited, yes . 22 Q So why did you have to do the grading without 23 getting a permit? 24 A As I stated previously, the contract called 25 for grading of less than an acre, so that would not SPP No. 12-000138 Page No. 002689 94 1 have required us to get a grading permit . 2 Q But why put up the fence before any action 3 was going to be taken on the property? 4 A The fence was a response to try to show good 5 faith to the community members that had requested that 6 we put up a fence to mark the boundaries . V Q I read through all the minutes of all the 8 community meetings, and nobody requested a fence . 9 There was only one question asking if you are going to 10 put up a fence, and the response from the school was, 11 "Yes, a six-foot fence . " 12 A If you say so. 13 Q So who from the community asked you to put up 14 a fence and made you willing to spend almost $100, 000 15 to put up a fence? 16 A It was our feeling from the community meeting 17 that good fences might make good neighbors . Part of 18 our rationale was also that there was some rather 19 severe dumping of garbage, automobile parts from 20 neighboring properties, and a lot of the stuff was 21 dumped onto the property, and we felt that a fence 22 would enable us to clean up the property, as one of the 23 conditions of our lease stipulated, and would make it 24 difficult for people to dump stuff in the area . 25 0 So no one from the community asked you to put SPP No. 12-000138 Page No. 002690 95 1 up a fence? 2 MR. HONG: Object, it ' s argumentative . He 3 has already testified that . 4 THE HEARINGS OFFICER: I 'm going to sustain 5 the objection. 6 Move on, Mr. Gomes . 7 BY MR. GOMES : 8 Q Did you send out letters to the students and 9 parents to generate support for your project? 10 A Yes, I have . 11 Q And what did it state? 12 A Which one? 13 Q Did any of the letters state that the 14 community does not want students? 15 A I don' t recall saying something like that. 16 Q In your earlier testimony, you mentioned that 17 the people from the community had said something about 18 "the kids from your school, when they come up to our 19 neighborhood, would rob our homes . " I went to two of 20 the community meetings . I never heard anything like 21 that . I read through all the minutes . There ' s nothing 22 like that in the minutes . When did anyone from the 23 community talk to the kids and tell them these awful 24 things? 25 A I 'm really unclear on what you are asking . SPP No. 12-000138 Page No. 002691 96 1 4 You stated earlier that you felt bad because 2 someone at the community meeting had said "when the 3 kids come up to our neighborhood, they are going to rob 4 our homes . " 3 MR. HONG: I object, misstates facts in 6 evidence . That is not what he said. 7 THE HEARINGS OFFICER: The testimony speaks 8 for itself, but I will overrule the objection . 9 THE WITNESS : I believe that I said that I -- 10 that community members had spoken to me -- community 11 members have spoken to me outside of community 12 meetings . Also that included have called me on the 13 phone and have spoken outside of community meetings . 14 And in this instance, it was an elderly woman who used 15 to go to church with us that stated that that was her 16 concern. And it was not in a community meeting, and I 17 do not believe I said it was in a community meeting . 18 If I did, then I was mistaken. 19 BY MR. GOMES : 20 4 So if she told you that, why would you 21 transfer that information to the kids and hurt their 22 feelings? 23 MR. HONG: You know, I object . It ' s 24 speculative, irrelevant, and it misstates facts in 23 evidence . SPP No. 12-000138 Page No. 002692 97 1 THE HEARINGS OFFICER: I 'm going to sustain 2 the objection. 3 Move on, Mr. Gomes . 4 MR. COMES: Okay. 5 BY MR. COMES : 6 Q Did you threaten one of the community 7 residents that you would muster opposition to a project 8 he was working on if he did not back off? 9 A No, I did not . 10 Q Do you know whether that person was against 11 your project? 12 A I 'm not sure who you are speaking about . 13 Q Sidney Fuke . 14 A So did I know that Sidney Fuke was against 15 our project? Yes, he had expressed alliance with those 16 of you that are opposed to the project . 17 Q And by you threatening him to muster 18 opposition, is that a form of bullying? 19 MR. HONG : You know, I object . It misstates 20 facts in evidence . It is not relevant . 21 THE HEARINGS OFFICER: I 'm going to sustain 22 it . 23 Mr . Gomes, he testified that he didn ' t 24 threaten anybody, so you have to rephrase your 25 question. SPP No. 12-000138 Page No. 002693 98 1 MR. DOMES : It is in the previous record. 2 THE HEARINGS OFFICER: Well, you can present 3 it another way, but this witness has just testified 4 that his testimony is he didn ' t threaten anybody. 5 BY MR. GOMES : 6 Q Did you send me a message on Facebook 7 accusing me of having something to do with the suicide 8 of one of your students? 9 A Absolutely not . I sent you a message 10 informing you that a student that your wife had taught 11 had committed suicide, one of our students . 12 Q Are you part the Kaumana Association? 13 A No, I am not . 14 Q Are you part of the Kaumana Cave Association? 15 A No, I am not . 16 Q Are you part of the Kaumana Kumeana 27 Association? 18 A No . 19 Q How do you describe the community you live 20 in? 21 A I describe the community as a economically 22 mixed community with houses ranging from low-income to 23 fairly upper middle class . I believe that there are a 24 number of families that have lived in the community for 25 at least 100 years . I know some of these families , the SPP No. 12-000138 Page No. 002694 99 1 Mitsunagas, the Otanis . I believe that there was a 2 fairly large influx of people to the community within 3 the last 40 years or so. And I 'm not sure what else 4 you would like, Mr. Gomes . 5 Q How long have you lived at your present 5 residence? 7 A I have lived in my residence since 1992 . 8 Q And do you own your home? 9 A Yes, I do . 10 Q Do you think you are sensitive to the 11 community' s needs or thoughts? 12 A I believe I am to the entire community. 13 Q How? 14 A I am not sure what you are looking for . 15 Q Okay. Are you aware that most of the 16 immediate community are not in favor of the school or 17 any K through 12 school being built at this location? 18 A I am not aware of that . 19 Q Okay. What are the ingredients of a 20 successful school? 21 A The ingredients of a successful school . I 22 can ' t speak for all schools . I can speak for our 23 school . And a big part of what I believe makes our 24 school successful is that we are a charter school with 25 a local governance through a governing board. SPP No. 12-000138 Page Ido. 00269 1 00 1 Q Do you require or even desire any community 2 support? 3 A We have community members on our governing 4 board. 5 Q And is that all you need, just a few members 6 on the board, as far as you are concerned? 7 A I 'm not sure what you mean by "community g need"? 9 Q Community support . 10 A No, of course that is not all the community 11 support that we would expect or desire. 12 Q If approved, will the project be developed 13 all at once? 14 A No, it will not . Be developed in phases . 15 Q Over how long a period? 16 A Probably ten to fifteen, maybe even twenty, 1.7 years . 18 Q Is it fair to let the community sustain the 19 construction over that long a period? 20 A I 'm not sure what you mean by sustaining 21 construction. The phases would be completed one phase 22 at a time. it would not be 20 years of construction. 23 Q Did you think of vetting this project with 24 the community you live in about this project? 25 A Of course we did. That is why we did two SPP No. 12-000138 Page No. 002696 01 1 environmental assessments . 2 Q Why were we not notified of the environmental 3 assessment? 4 A I 'm not sure why you weren ' t aware of that . 5 Q Did you inform the community? 6 A I just answered the question. 7 Q How did you inform the community? g A We informed the community through community 9 meetings . There were five community meetings held. 10 There were at least three newspaper articles that 11 talked about the potential project . I 'm not sure what 12 else to say. It has been a topic of conversation with 13 many community members since 2007 . 14 Q Do you have records of all five community 15 meetings? 16 A Yes, we do. 17 Q Could you possibly present them? Not lg necessarily now, but tomorrow? 19 A If need be . 20 Q In your opinion, what were the outcome of the 21 community meetings? 22 A The outcomes? 23 Q was the community in favor of your project 24 overwhelmingly? 25 A I wouldn ' t say that all of the people at the SPP No. 12-000138 u Page No. 002697102 1 community meetings represented the voice of the entire 2 community. There were perhaps 50 or 60 people at the 3 most that I saw at the community -- one of the 4 community meetings I went to . The majority of the 5 people at that community meeting were from your 5 subdivision, Pacific Plantations , 95 percent . 7 Q Isn' t that subdivision affected the most by 8 your school? 9 A I wouldn ' t say that . 10 Q Okay. Are you concerned about the effects on 11 that subdivision? Are you sensitive to that 12 subdivision' s concerns? 13 A We have been trying to be sensitive, yes . We 14 are concerned about it . 15 Q Are you aware of any K through 12 schools 15 that are within the State Land Use Agricultural 17 District? 18 A Any K through 12 schools that are on 19 agriculture zoned land? 20 Q Within State Land Use Agricultural District . 21 A Yes . I know at least one that I can think 22 of. 23 Q Which is it? 24 A I believe that Waters of fife, or at least 25 part of the time, they were operating on agriculturally SPP No. 12-000138 Page No. 00269 103 1 zoned land. 2 Q And that is a K through 12 school? 3 A 1t has been in the past . 4 Q why did you go through the special permit 5 instead of the State Land Use boundary? 6 MR. HONG: Objection, calls .for legal 7 conclusion. 8 THE HEARINGS OFFICER: I am going to overrule 9 it and allow the question. 10 THE WITNESS : When we were first 11 investigating the use of land for charter schools, we 12 relied on the County of Hawai ' i ' s guidelines . At the 13 time, the County of Hawai ' i ' s guidelines stipulated 14 that charter schools should try to secure land that was 15 on agriculturally zoned -- agriculturally zoned 16 properties, and that if we secured land on these 17 properties, that we would not have to go through a 18 special use permit . It would be granted by the County. 19 BY MR. DOMES : 20 Q And what is the relationship of a charter 21 school to the state system? 22 A Charter schools are public schools . They are 23 part of the public school system in the state of 24 Hawaii . 25 Q Are you required to comply with state SPP No. 12-000138 Page No. 002699 104 1 standards, curriculum, physical facilities? 2 A We are required to comply with state 3 standards . That is the only one . 4 Q Were these taken into consideration when 5 choosing a site? 6 A Yes, the standards were . 7 Q In terms of size, do you know whether the 8 site meets the requirement you need? 9 A We are not required to follow the DOE 10 guidelines on facilities, as I stated earlier. I 'm 11 talking about the standards of curriculum. 12 Q Okay. What about infrastructure? 13 A We are required to meet the County 14 infrastructure requirements . 15 Q What about the access requirements, dual 16 access requirement? 17 A That is not a requirement outside of the 18 Department of Education ' s guidelines . 19 Q And being a parent and a principal of the 20 school, do you understand the need for dual access to a 21 property for safety? 22 A I understand what your point is , That does 23 not mean I agree with it . 24 Q So you don' t agree with dual access? 25 A Theoretically, we would love to have dual SPP No. 12-000138 Page No. 002700 0 5 1 access, but as I stated earlier, when we tried to 2 secure that access, there were several members of your 3 community, the Pleasant Plantations community, that 4 went to Mr. Brilhante and asked him not to support us 5 getting that access . 6 Q So do you disagree with the need for dual 7 access? 8 A I have no opinion. 9 Q And where do the students come from? 10 A Do you mean where do our students live? 11 Q Yes . 12 A Okay. Roughly half of our students live in 13 the Hilo area and about half of them live in Puna or -- 14 Q When you say they are going to be mostly 15 bused in, do the Hilo students get bused in also? 16 A Currently, about -- most of the busing is 17 from the Puna communities, and we have some students 18 that will use our bus for transportation in the Hilo 19 area, but not generally to their homes . 20 Q So you have a pick-up site where students can 21 meet, say, at a park somewhere, or at the mall, and 22 then they get on the bus and ride the bus up to the 23 school? 24 A Yes . 25 Q And how many buses do you have? SPP No. 12-000138 Page No. 00270110 6 1 A We are operating three buses right now. 2 Q And is that what you anticipate eventually, 3 three buses? 4 A We have no plans currently to add more or 5 take any away. 6 Q And are you aware of the impact on Edita 7 Street? 8 A What impact is that? 9 Q Traffic. 10 A I 'm aware of testimony this morning that said 11 that many of the people coming down Edita were not 12 stopping fully at the intersection with Kaumana, but 13 our school is not located there; so I 'm aware 14 that there seems to be a problem with traffic on Edita 15 Street . That was said in public testimony this 16 morning. 17 Q Yes . 18 A And it seemed like the majority of the 19 traffic problems were from the current residents that 20 were going too fast down Edita Street and were not 21 stopping at the stop light before they were turning 22 right onto Kaumana Drive . 23 Q What impact of other streets, like Chong 24 Street and Terrace Drive, have you considered? 25 A We have considered what the traffic study SPP No. 12-000138 Page No. 00270 107 1 report said, that there would be no significant impact . 2 Q Do you recall who was on your site selection 3 committee? 4 A As I said previously, it was the members of 5 our local school board. 6 Q And do you remember who they were? 7 A I cannot tell you exactly who they were . I g remember most of them. 9 Q How did you do the alternative site study? 10 A The site study was done by me and other 11 members of the board visiting some of these properties 12 and looking at them. I did some research on the 13 properties to look at the infrastructure that was in 14 place . 15 Q So was there an assumption that, no problem, 16 we can just use the site on Edita Street; everything 17 should be okay? 18 A There was never an assumption. 19 Q Now, this is a problem from the community 20 standpoint . What are your plans, to just force your 21 way in and look for an alternative? 22 MR. HONG: Objection, argumentative . 23 THE HEARINGS OFFICER: I 'm going to sustain 24 the objection. You have to rephrase your question . 25 MR. GOMES : I will skip that question. SPP No. 12-000138 Page No. 002703108 1 BY MR. GOMES : 2 Q When was the consultant to do the 3 environmental assessment selected? 4 A Probably in about 2007 or 2008 . 5 Q Was it after the site was selected? 6 A Yes . 7 Q Were there any instructions given to the EA 8 consultant regarding this site? g A Now, are you talking about the first 10 environmental assessment or the second one? 11 Q Either. 12 A And what was your question again? 13 Q Were there any instructions given to the 14 environmental assessment consultant regarding the site? 15 A Of course there was instructions given. I 'm 16 not sure what kinds of instructions you are talking 17 about . 18 Q How was the consultant selected? 19 A The consultant was selected by the governing 20 board, looking at what our available options were, and 21 we went through references that were provided for us 22 through people in the industry. 23 Q Do you feel it should have been through the 24 procurement process? 25 A No. Charter schools are not bound to use the SPP No. 12-000138 w Page No. 00270 109 1 procurement process of the Department of Education. 2 MR. COMES : No further questions . 3 THE HEARINGS OFFICER: Do you have any 4 redirect? 5 MR. HONG: No. Oh, wait, I do, briefly. 6 7 REDIRECT EXAMINATION 8 BY MR. HONG: 9 Q In terms of informing the community about the 10 project, do you recall efforts made by -- well, do you 11 recall students going door to door to houses in the 12 community, giving them a flier about the project? 13 A Yes, I do. 14 Q And inviting them to attend a community 15 meeting? 16 A Yes, I do . 17 MR. HONG: Thank you . Nothing further. 18 THE HEARINGS OFFICER: Mr. Thatcher, you are 19 not done yet . I have questions . 20 21 EXAMINATION 22 BY THE HEARINGS OFFICER: 23 Q First of all, you talked about the bottom of 24 the property and the top of the property, where there 25 was some objection to the use of the top of the SPP No. 12-000438 Page No. 00270 110 1 property. Could you go to the map and show me where 2 the top is versus the bottom? 3 A It is a different map. 4 Q On the site plan? 5 A It ' s a different map. 6 It would be -- 7 Q Is this site plan -- 8 A This is the bottom. The top would be that 9 portion and what is up above . 10 So if you look at this one, so here is the 11 bottom of the property. The top of the property 12 would -- where does it end? Someplace up here . 13 Q Okay. So how many acres are you talking 14 about, this bottom of the property? 15 A It is about 35 acres . 16 Q And the top of the property is how many 17 acres? 18 A I think it is about 36 or 31, perhaps . 19 Q So the agricultural area you had in your 20 site -- going back to your site plan -- 21 A Right . 22 Q -- that is still the bottom of the property? 23 A Yes . 24 MR. HONG: I just note for the record it is 25 up on the display through the computer, from the LUPAG SPP No. 12-000138 Page No. 002706111 1 map. 2 THE HEARINGS OFFICER: Thank you, Mr . Hong . 3 BY THE HEARINGS OFFICER: 4 Q Okay. Also I noticed in the record that 5 there was an intent to lease from the State from May of 6 2012 . Did you actually sign a lease with the State yet 7 for your property? 8 A Yes, we have . 9 Q When was that done? 10 A That was done I believe in 2011 . 11 MR. HONG: We are looking for it in the 12 record. I believe it is -- 13 THE HEARINGS OFFICER: The lease is actually 14 in the record? 15 MR. HONG: Yes . 16 THE HEARINGS OFFICER: Because I saw the 17 intent to lease, but not the actual lease . All right . 18 BY THE HEARINGS OFFICER: 19 Q So you have had the lease -- you have had 20 control of the property for how many years now? 21 A About two years . 22 Q Have you started any farming programs for 23 your students on the property? 24 A No, we have not . 25 Q Is there any reason why you haven ' t yet? SPP No. 12-000138 Page No. 002707 12 1 A The Department of Land and Natural Resources 2 has asked us to not start any programs until after we 3 have gone through the special use permit, and we have 4 agreed to not do anything until then . All we have done 5 on the property is work to clean up the rubbish that 6 was dumped there over the years, and we have removed at 7 least a container full of auto parts and other rubbish. 8 And that was a requirement of the lease, that we clean 9 up the property. 10 Q So they have told you that you can ' t do 11 anything, including agricultural activities, on the 12 property until you get a permit? 13 A They pretty much said that we should not . 14 MR. HONG: I just note for the record that 15 the lease appears in the Planning Commission record 16 beginning at page 2161 . 17 THE HEARINGS OFFICER: Thank you, Mr . Hong, 18 for that . 19 BY THE HEARINGS OFFICER: 20 Q Also, you talked about your vision of 21 sustainability? 22 A Yes . 23 Q Right now, from what you testified to, it 24 sounds like your science programs include agricultural 25 components both for the elementary and the high school . SPP No. 12-000138 Page No. 002708 13 1 Is that correct? 2 A Yes, that ' s correct . 3 Q Do you have any specific classes just geared 4 to agriculture for your elementary school? 5 A For the elementary students? 6 Q Yes, for the, say, K to 8? 7 A The elementary, K to 6, curriculum is called 8 DASH, Developmental Approaches to Science and Health, 9 so much of the science is integrated with health 10 components . 11 And so the nutrition components of the 12 science curriculum, which can also be considered health 13 components, are supported by a curriculum that builds 14 from kindergarten on plants, how they are grown, what 15 kinds of plants we eat, raising crops in a school 16 garden, from about, oh, second grade, third grade, 17 definitely. In third grade, the components of testing 18 soil, PH, are introduced. In fourth grade, components 19 about Native Hawaiian diet, all of these kinds of 20 things, are introduced. 21 So by the time the kids get to sixth grade, 22 the curriculum actually expands out to a project that 23 involves terrafication of the Martian environment to 24 make it more Earth-like. 25 Q Go ahead. SPP No. 12-000138 S, - Page No. 002709 14 1 A It is a very integrated approach to teaching 2 science . 3 Q Right . That is a pretty standard program, 4 though, that is accepted in charter schools today? 5 A Well, it is -- I don ' t know about all charter 6 schools, but it is a program that we use, because every 7 charter school decides its own curriculum. 8 Q All right . And as far as your 9 to 12 9 classes, do you have any specific classes for your high 10 school in fanning or agriculture? 11 A We have offered classes in agriculture . We 12 don ' t always offer the same courses every semester 13 because we are a small high school . It depends on the 14 needs of the students . 15 Q So what classes have you offered? 16 A We have offered everything from hydroponics 17 to raised bed to nursery to ornamentals to gardening 18 tied to nutrition. It is also a component of our 19 after-school program. 20 Q And where have you done the field work for 21 these classes? 22 A Most of it is done right in the vicinity of 23 the classrooms ; so at one point, we were in 24 negotiations with the former owner of the Nani Mau to 25 use more of their land for doing agriculture and SPP No. 12-000138 ` Page No. 002710 115 1 aquaponic projects with their small little reservoir 2 where they had talapia and catfish over there, but we 3 have not entered into any kind of agreement with the 4 current owners . 5 Q But your facilities right now presently do 6 not allow them -- am I correct -- for doing a community 7 garden? 8 A No . It is a private facility, and we have 9 not approached them about a community garden because of 10 their concerns with, you know, liability. 11 Q And what kind of forestry programs do you 12 envision for your new location? 13 A There are several organizations . I can' t 14 remember which one the -- there was one that approached 15 you folks ' -- Ted Hong ' s office, I think, Sue -- 16 yeah -- 17 Q If you -- 18 A Dr . Stone is a member of one community group 19 or one conservation group that has asked if we would be 20 interested in subleasing the land or working with them 21 to investigate and restore the property to what it may 22 have been like before the 1880 flow. 23 Q And can you describe in a little bit more 24 detail what kind of agricultural programs you are going 23 to do on the bottom portion which you have designated SPP No. 12-000138 Page No. 002711 1 02711116 1 for agriculture? You have about 17 acres or so. 2 A Right . 3 One of the projects that we really hope to 4 get established is a farm-to-school project where our 5 students could grow different commodity items that the 6 school could use in our food program, things like 7 oranges, tangerines . Those grow well in that area . 8 There is a need for orchards of those kinds, avocados, 9 things that we could use in our food program. That 10 would be a big component of it . 11 And so the kids can see how things are grown, 12 and hydroponic vegetables, and then see them in the -- 13 the thought of farm-to-school projects is if the kids 14 see things being grown, they are more likely to eat 15 things that they may not choose to eat in a traditional 16 cafeteria . 17 THE HEARINGS OFFICER: I don' t have any other 18 questions . 19 Mr . Hong, do you have any questions based on 20 what I have asked Mr. Thatcher? 21 MR. HONG: No, thank you. 22 THE HEARINGS OFFICER: Mr. Siu? 23 MR. SIU : None . 24 THE HEARINGS OFFICER: Ms . Self? 23 MS . SELF: No. SPP No. 12-000138 Page No. 002712 17 1 THE HEARINGS OFFICER: Mr . Gomes? 2 MR. DOMES : No further questions . 3 THE HEARINGS OFFICER: Thank you very much, 4 Mr. Thatcher. You are excused. 5 MR. HONG: Our next witness is Joan 6 Derbyshire . 7 THE HEARINGS OFFICER: Mr . Hong, how long do 8 you think she is going to be? 9 MR. HONG: Approximately 15 minutes . 10 THE HEARINGS OFFICER: So we can take her 11 before our break? 12 MR. HONG: Right . 13 THE WITNESS : Good morning. My name is Joan 14 Derbyshire . 15 THE HEARINGS OFFICER: Raise your right hand. 16 17 JOAN DERBYSHIRE, 18 having been first duly sworn to tell the truth, the 19 whole truth and nothing but the truth, was examined and 2C testified as follows : 21 THE HEARINGS OFFICER: Can you please state 22 your name and give us your address . 23 THE WITNESS : My name is Joan Derbyshire, and 24 I am at 27 Elm Drive in Hilo . 25 . . . SPP No. 12-000138 ' Page No. 002713 18 1 DIRECT EXAMINATION 2 BY MR. HONG: 3 Q Would you tell us briefly about your 4 educational and professional background, please. 5 A I am currently a teacher at Connections 6 Public Charter School . I graduated from college in 7 1973 . I got a Master' s in 2003 . I am certified in g primary, elementary, Montessori, middle school math, 9 and special ed. 10 Q How did you come to be involved with 11 Connections School? 12 A Actually, I called the school to apply for my 13 children to go to the school, and the woman on the 14 other end said, "Oh, you ' re a teacher?" And I didn ' t 15 know how she could know that . She thought I was 16 applying for a job; so I did it . 17 Q Okay. How has your involvement with the lg school grown? 19 A I had been involved on the board level for 20 the school itself when we first started back in 2001 in 21 the Kress building, and I have been on the board of 22 CBESS for five years . 23 Q And describe the role of CBESS in terms of 24 school operations . 25 A CBESS is the nonprofit arm of -- pretty much SPP No. 12-000138 Page No. 002714 19 1 CBESS was created to assist and help for the school 2 itself . 3 Q Okay. In terms of the new Connections 4 property up in Kaumana, you are familiar with the 5 proposal to develop that property? 6 A Yes . We started that process in 2007 . 7 Q Okay. And did CBESS approve that proposal? 8 A Yes . 9 Q And what is CBESS ' s role in the special 10 permit application? 11 A We are actually co-applicants with the school 12 in the special needs application. 13 Q And in terms of CBESS, what role does it play 14 in the process, the special permit application process? 15 A Well, we are one of the co--applicants . Once 16 we end up with -- once we were -- would get a special 17 use -- or special permit, we would be the 18 administrators of the project . 19 Q Okay. Let ' s talk about the project itself. 20 This is a phased project; it is supposed to 21 be constructed in phases, right? 22 A Yes . 23 Q And in terms of funding for the phases, could 24 you tell us about that? 25 A Well, the funding is coming through many SPP No. 12-000138 Page No. 002715 2 0 1 different sources : Donations, grants, loans, new 2 market tax credits . Initially, we have applied and 3 received a U. S . D.A. loan for 8 million, and that will 4 get us started on the first phase . 5 Q Could you describe for us the level of 6 CBESS ' s commitment to the new campus in total? 7 A Weil, from the very beginning, we have always 8 envisioned one campus . Right now, we are on two 9 campuses, and we are all pretty committed to trying to 10 put together a one-campus school . 11 Q After the 8 million that you had talked about 12 earlier to fund the first phase, how do you intend to 13 pursue funding for the remainder of the phases? 14 A Weil, donations, grants . Whatever comes up, 15 we apply for. We don ' t get the salve level of support 16 from the State that other schools do, so we have to go 17 out and fundraise and look for other sources of 18 funding . 19 Q And is the board unified on its commitment to 20 the entire project in securing funding for the future 21 phases? 22 A Yes . 23 MR. HONG: All right . Thank you . No further 24 questions . 25 THE HEARINGS OFFICER: Ms . Self, cross SPP No. 12-000138 Page No. 002716121 1 examination? 2 MS . SELF: I have no cross examination. 3 THE HEARINGS OFFICER: Mr . Gomes? 4 MR. COMES : I just have a few questions . 5 6 CROSS EXAMINATION 7 BY MR. COMES : g Q First of all, I applaud the makery project . g I think it ' s a wonderful project . I ' ve seen it . John 10 invited me to the school . When I first met John, he 11 had told me, "Jeff, we are almost family. I know your 12 brother-in-law, I know your sister-in-law, I watched 13 your kids, " and so -- my wife and I tried to support 14 John. I visited his school . I met Bill Thorpe . 15 Do you know Bill Thorpe? 16 A Yes . 17 Q I was really impressed with Bill . What did 18 you think of Bill ? 19 A He is a great guy. I have worked with him 20 since about -- I would say he came on about 2005-2006. 21 Q I don' t know if you know this, but what Bill 22 teaches at the school I do for a living, and I was -- I 23 was so amazed that somebody is teaching this to kids . 24 I told Bill, "Let me help you. I can do whatever -- 25 whatever you are doing, I can go way beyond. " SPP No. 12-000138 Page No. 002717 2 2 1 MR. HONG: You know, I am going to object to 2 this not being relevant . 3 THE HEARINGS OFFICER: Mr . Gomes, you cannot 4 testify now. You have to ask questions . 5 MR. GOMES : Okay. 6 THE HEARINGS OFFICER: If you want to testify -7 as a party, you can later on, but not now. 8 BY MR. DOMES : g Q So my question is I offered help to Bill . 10 Bill e-mailed me and asked me to help, and I said, 11 "Sure, whatever you want . " But he never responded 12 after that . 13 If I offered to help again, do you think he 14 would accept my help? 15 MR. HONG: Objection, calls for speculation 16 on the part of the witness . 17 THE WITNESS : Yeah, I have no idea . 18 THE HEARINGS OFFICER: I will overrule it . 19 If you can answer it, answer it . 20 THE WITNESS : Well, I have no idea . 21 BY MR. COMES : 22 Q Well, John spoke about working with albizia 23 and guaiwi and eradicating it, but I use it . I have 24 use for it, and I can teach the kids how to use it . 25 THE HEARINGS OFFICER: Mr. Gomes -- SPP No. 12-000138 Page No. 002718 2 3 1 BY MR. GOMES : 2 Q If I offered to help, will you accept my 3 help? 4 THE HEARINGS OFFICER: Mr. Gomes, I am going 5 to remind you again you cannot testify. You have to 6 ask questions of the witness . 7 MR. COMES : Okay. 8 BY MR. COMES : g Q Do you know a Janelle Fukushima? 10 A No, I don ' t believe so. 11 Q She was a board member . 12 A Oh. 13 Q Never heard of her? 14 A I was not on the board for several years in 15 between, so I 'm not familiar with her name . 16 Q And what does "CBESS" stand for? 17 A Community Based Educational Support Services . 18 Q And what does the word "community" in CBESS 19 represent? 20 A I 'm not sure your -- community is -- 21 MR. HONG: To the best you can answer the 22 question. 23 THE WITNESS : A community is a group of 24 like--minded people, I would say. 25 MR. COMES : Okay. Thank you . SPP No. 12-000138 Page No. 002719 124 1 No further questions . 2 THE HEARINGS OFFICER: Any redirect, 3 Mr. Hong? 4 MR. HONG: No, thank you. 5 THE HEARINGS OFFICER: Thank you very much 6 for your time . 7 THE WITNESS : Thank you . 8 THE HEARINGS OFFICER: Well, I think, 9 Mr. Hong, you were faster than 15 minutes, so -- 10 MR. HONG: I would rather overestimate than 11 underestimate . 12 THE HEARINGS OFFICER: I think what we should 13 do now, since it ' s five to 12 : 00, we will take a lunch 14 recess and come back at 1 : 00 . 15 MR. HONG: Thank you. 16 (Recess ensued from 11 : 56 a.m. to 12 : 59 a .m. ) 17 THE HEARINGS OFFICER: We are back on the 18 record after a lunch recess, and I will note the 19 presence of all the parties . 20 Mr. Hong, are you ready to proceed with your 21 next witness? 22 MR. HONG: Yes . 23 Our next witness is Dennis Hirota . 24 I would just note, as an administrative 25 matter, we are looking at maybe taking Mr. Hirota, SPP No. 12-000138 Page No. 002720 2 5 1 followed by Mr. Kevin Louma, because he has got a plane 2 also, and then followed by Thiel, Kurt Inaba, and then 3 Duane Kanuha and David Miranda . That is the general 4 line-up for now. 5 THE HEARINGS OFFICER: Thank you . 6 And, Mr. Hong, Terence Yoshioka asked if he 7 could be taken out of turn . And I know you have 8 Honolulu witnesses, so if you can squeeze him in. . . 9 MR. HONG: I would represent that based on 10 Mr . Yoshioka ' s submissions that are in the Planning 11 Commission record and his testimony, I think the 12 examination is going to be quite extensive, so if I 13 take him out of order, that means all the County 14 witnesses will probably have to show up tomorrow. 15 THE HEARINGS OFFICER: Is he subpoenaed for 16 today? 17 MR. HONG : We had scheduled him for tomorrow, 18 actually. 19 THE HEARINGS OFFICER: All right . Well, if 20 you scheduled him for tomorrow, then he will have to 21 come back tomorrow. 22 MR. HONG: Okay. Thank you. 23 THE HEARINGS OFFICER: Mr. Hirota, could you 24 please raise your right hand. 25 SPP No. 12-000138 Page No. 00272112 6 1 DENNIS ISAWA HIROTA, 2 having been first duly sworn to tell the truth, the 3 whole truth and nothing but the truth, was examined and 4 testified as follows : 5 THE HEARINGS OFFICER: Could you state your 6 full name and your address for the record, please. 7 THE WITNESS : Dennis Isawa Hirota . My office 8 address is 864 South Beretania in Honolulu. 9 THE HEARINGS OFFICER: Thank you. 10 Mr. Hong, proceed. 11 12 DIRECT EXAMINATION 13 BY MR. HONG: 14 Q Sir, I would like you to refer to Exhibit 15 A-18 . 16 Is that a fair and accurate copy of your 17 curriculum vitae? 18 A Is this the one? 19 Q Yes . 20 A Yes . 21 Q Okay. If you could just highlight your 22 educational and professional experience for us, please. 23 A I have a Bachelor ' s of civil engineering from 24 the University of Michigan in 1963; I have a Master ' s 25 in sanitary engineering, 1964 , from the University of SPP No. 12-000138 Page No. 002722 2 7 1 Michigan; and I have a Ph. D. from the University of 2 Michigan in 1970 . 3 Q And in terms of your professional experience, 4 please . 5 A Since 1986 to the present, I have been the 6 president of Sam Hirota, Inc . , which was a company 7 founded by my dad. We have approximately 24 employees . 8 And we do civil engineering, land surveying, and 9 three-dimensional imaging . 10 Q Could you highlight some of the projects that 11 you worked on, your company has worked on, and what you 12 did for them similar to the scope of work for 13 Connections? 14 A We have worked on many schools . The recent 15 one was a Punahou K-1 neighborhood. We have worked on 16 the -- I have a mental block right now. Right next to 17 Punahou, we worked on Le Jardin Academy in Kailua. We 18 have worked on several schools on Guam. We have 19 worked -- on this island, we have worked on Pukio. We 20 are working on Kohanaiki now. We have worked at 21 Hualalai . We have worked at Mauna Kea . We have worked 22 at Mauna Lani . We have done a lot of work on this 23 particular island. 24 Q And are you licensed to practice in terms of 25 engineering? SPP No, 12-000138 Page No, 002723 128 1 A Yes . I have -- since 1973, I have a civil 2 engineering license, 3377 . 3 Q And are you certified in any particular area 4 in engineering? 5 A Not in the geotech or any of the other ones, 6 but just general civil engineering. 7 Q Any recognitions and awards you have 8 received? 9 A In 2009, I was selected by the Hawaii Society 10 of Professional Engineers as the engineer leader . 11 Q Okay. I would like to talk about the 12 Connections project . When did you first become 13 involved in that? 14 A Okay. The first document that we have in our 15 file was actually dated July of 2007 . This particular 16 area, under Wil Ghee Planning, I believe it was April 17 of 2009 . 18 Q And could you describe the scope of work you 19 did for Connections? 20 A We did some conceptual civil engineering site 21 work on their campus plan. 22 Q And you are familiar with where we are in 23 terms of the stage of the project? 24 A Yes . 25 Q At this stage of the project, can you, to any SPP No. 12-000138 Page No. 00272 12 9 1 reasonable degree of engineering certainty, render an 2 exact opinion about water use estimates that were 3 submitted? 4 A Not at this time . 5 Q Why not? 6 A Well, because these are conceptual plans, and 7 we haven' t spent any time on detailed civil engineering g work. g Q And what kind of detailed civil engineering 10 work would that involve? 11 A Well, infrastructure, site grading, all the 12 ones that we would normally proceed with, assuming that 13 we had all the approvals . 14 Q And where would that come in, in terms of the 15 plan or the process? 16 A Well, normally, this would be probably a year 17 or two down the road. I don' t know exactly what the 18 timing is on this particular project, but significantly 19 beyond where we are right now . 20 Q Okay. So in terms of the current water 21 estimates, water use estimates, are you saying that 22 they are imprecise? 23 A No. What I am saying is they are precise 24 requirements , but we just not we just have not spent 25 the time to evaluate what all the different SPP No. 12-000138 Page No. 002725 30 1 alternatives are for providing water for this project . 2 Q And based on your training and experience, 3 what alternatives are available for Connections, given 4 its usage or anticipated usage if it exceeds County 5 limitations? 6 A Well, we, as an example -- I will take the 7 example of the National Park Service . We did a project g for the National Park Service where we won a Grand 9 Conceptor award. In that particular one, the park 10 service was hauling water up to the top of Haleakala to 11 provide toilet-flushing water and drinking water. And, 12 basically, we were able to do a catchment system which 13 included roofs in the parking lot and the roadways and 14 collected water, treated it to the point where we could 15 use it for flushing. And that significantly reduced 16 their irrigation as well as their toilet-flushing 17 requirements . 18 Q So given the engineering, you could work with 19 the school in terms of bringing -- so it doesn ' t have 20 to actually exceed the County limitations? That is 21 what you are saying? 22 A Yes . 23 Q Okay. There was a concern expressed that 24 when the first phase of the project is completed and 25 water use begins, water to the residential neighborhood SPP No. 12-000138 Page No. 002726 31 1 homes will diminish in terms of pressure and 2 availability. Based on your study and experience and 3 to a reasonable degree of engineering certainty, how 4 realistic is that concern? 5 A I don ' t believe it ' s realistic, because the 6 Department of Water Supply has the responsibility to 7 continue to provide domestic potable water to the area . 8 MR, HONG: Okay. Thank you, Mr. Hirota. No 9 further questions . 10 THE HEARINGS OFFICER: Mr. Siu, any 11 questions? 12 MR. SIU: None . 13 THE HEARINGS OFFICER: Ms . Self? 14 MS . SELF: No questions . 15 THE HEARINGS OFFICER: Mr. Gomes? 16 MR. DOMES : I have a few questions, please . 17 18 CROSS EXAMINATION 19 BY MR. COMES : 20 Q Good afternoon, sir. 21 Have you been to the site? 22 A Yes . 23 Q Have you been to the alternate sites? 24 A When you say "the alternate sites" -- 25 Q There was a list of alternate sites besides SPP No. 12-000138 Page No. 002727 32 1 this site that the school had chosen . 2 A Could you name them? Because I 'm not quite 3 sure which ones they might be . 4 Q They are by tax map key. 5 A Unfortunately, I wouldn ' t know any property 6 by tax map key alone . 7 Q Okay. But do you recall visiting any other 8 site for the school that could have possibly been g chosen for the school? 10 A I don ' t recall visiting any other sites . 11 Q How many times have you been up to the site? 12 A Well, we worked on several projects in and 13 around Kaumana, so I have been up there many, many 14 times . 15 Q So you are familiar with Kaumana Drive? 16 A Yes . 17 Q How much rain would be required daily to 18 catch the amount of water that the school requires? lg A I can ' t tell you at this time, because we 20 haven ' t gone through the hydrology to determine that 21 exclusively or in detail . We have some information, 22 but I don ' t recall what the number is. 23 MR. DOMES : Okay. That ' s it . Thank you very 24 much . 25 SPP No. 12-000138 .. Page No. 002728 33 1 EXAMINATION 2 BY THE HEARINGS OFFICER: 3 Q Mr. Hirota, I have a couple of questions . 4 A Sure . 5 Q The Department of Water Supply has indicated 6 there is some water available . Is that right? 7 A That is my understanding. 8 Q Okay. You don ' t know how much it is, though? 9 A My understanding is seven units or about 4200 10 gallons . 11 Q Seven units only? 12 A Yes . 13 Q But the amount of development really depends 14 on how you design your project . Is that correct? 15 A That ' s my understanding. 16 Q Number of restrooms or kitchens or that type 17 of thing. So you have to submit calculations to the 18 Department of Water Supply? 19 A Yes . 20 Q And that would mean that you either have to 21 find another water source if there is inadequate water 22 or you would have to limit the project to the amount of 23 available water? 24 A That ' s my understanding . 25 THE HEARINGS OFFICER: That ' s all the SPP No. 12-000138 Page No. 002729 134 1 questions I have . 2 Any other questions? 3 MR. HONG: Yes , 4 5 REDIRECT EXAMINATION 6 BY MR. HONG: 7 Q At what point in time would you actually do 8 that engineering or that task to determine whether or 9 not you have to limit the scope of the project? 10 A Assuming the project would go forward from 11 this point, we would spend additional time at some 12 point in, you know, the future . 13 Q So it is premature at this stage to have 14 those actual calculations? 15 A I believe so . 16 MR. HONG: All right . Thank you . Nothing 1,7 further . lg THE HEARINGS OFFICER: Mr . Gomes , another 19 question? 20 MR. COMES : Yeah . 21 22 RECROSS EXAMINATION 23 BY MR. DOMES : 24 Q I 'm sorry, I forgot . 25 Are you familiar with the -- I don ' t know if SPP No. 12-000138 Page No. 002730 135 1 it ' s a rule, but the school has said they are not going 2 to build on the upper portion because of the cave 3 underneath the upper portion? 4 A I 'm not familiar with all the details . 5 Q Okay. Is that something that you consider in 6 your line of work? 7 A When you say "consider" . . . 8 Q Do you investigate something like that? 9 A We do not do geotechnical investigations . 10 MR. GOMES : Okay. Thank you. 11 THE HEARINGS OFFICER: Thank you, Mr. Hirota. 12 You are excused. 13 THE WITNESS : Thank you. 14 MR. HONG: Thank you . 15 Our next witness is Kevin Louma . Our next 16 witness will be referring to Exhibit A-13 . 17 18 KEVIN LOUMA, 19 having been first duly sworn to tell the truth, the 20 whole truth and nothing but the truth, was examined and 21 testified as follows : 22 THE HEARINGS OFFICER: Could you please state 23 your full name and your address, please. 24 THE WITNESS : Kevin Louma. My address in 25 Honolulu? SPP No. 12-000138 Page No. 00273113 6 1 THE HEARINGS OFFICER: That ' s fine . 2 THE WITNESS : 2285 Girls road, Apartment 5B, 3 Honolulu, Hawaii, 96817 . 4 THE HEARINGS OFFICER: Mr . Hong, before we 5 begin, I don ' t see Mr . Louma on your witness list . Is 6 he taking the place of another engineer? 7 MS . SELF: He ' s on here. g MR. HONG: We have him -- you may have gotten 9 a prior witness list where we submitted a witness list . 10 Ms . Self confirms that he is on our witness list . 11 MS . SELF: He is on the bottom of the first 12 page. 13 MR. HONG: L-o-u-m-a? 14 THE HEARINGS OFFICER: It is not on the one I 15 have. However, there were so many amended witness 16 lists that it could be on one of earlier ones . 17 Okay, that ' s fine . 18 MR. HONG: Thank you. 19 20 DIRECT EXAMINATION 21 BY MR. HONG: 22 Q Just so we ' re clear, could you spell the name 23 of the street that you live on? 24 A Girls Road? 25 Q Yeah. SPP No. 12-000138 4 Page No. 002732 37 1 A G-i-r-1-s . 2 Q Oh, okay. Sorry. 3 A Unusual . 4 Q Yeah . I thought -- 5 A It ' s on Kamehameha Schools ' campus, so. . . 6 Q Oh, okay. Sorry about that . 7 Exhibit A-13, is that a fair and accurate 8 copy of your current CV? 9 A That is correct . 10 Q Could you highlight your educational and 11 professional experience for us, please , 12 A Yes . Educational, as far as the college I 13 went to, university? 14 Q Yes . 15 A I got a B. S . in calculated engineering from 16 University of Michigan, and I am a licensed 17 professional engineer in the states of Hawaii and 18 California . My Hawaii P. E. license number is 13191, 19 and my California one is 32388 . I am also a LEED 20 accredited professional with the USGBC, U . S . Green 21 Building Council . 22 Q Where are you presently employed? 23 A At WSP Hawaii . 24 Q And could you tell us what your duties and 25 responsibilities are? SPP No. 12-000138 Page No. 00273 13 8 1 A I am the vice president of the WSP Hawaii 2 office, which is a branch of the WSP Group, which is a 3 global corporation. And I am also the mechanical LEED 4 of the WSP Hawaii, the Honolulu office of WSP Group. 5 Q Okay. You are familiar with the scope of 6 work you performed for Connections School? 7 A That is correct . 8 Q Could you describe for us what other projects 9 you did and what you did for them similar to the scope 10 of work for Connections? 11 A So I have worked on many school projects, 12 some of them being the new Wailuku Elementary School . 13 That was an elementary school campus that was just 14 built in Wailuku, Maui . Also at Hawaii Baptist 15 Academy, they built a new building there . And Iolani 16 Schools in Honolulu, they built a new building there 17 which I did the water use calculations for. 18 I have, for Lanai High School, built a new 19 six-bedroom classroom there, which I did the Hawaii 20 water use calculations for that school as well, and 21 King Kekaulike, built -- or is in the process, 22 hopefully, of building a new auditorium where I had to 23 do the water use calculations for that expansion of the 24 campus in King Kekaulike . 25 Q Okay. Have you received any recognitions or SPP No. 12-000138 Page No. 002734 139 1 awards in your professional capacity? 2 A Well, the USGBC is -- being a LEED accredited 3 professional, but not really any awards, per se . 4 Q Okay. In terms of the Connections project, 5 when did you first become involved in that? 6 A I became involved back in -- October of 2012 7 was the initial correspondence that I have . 8 Q Okay. And describe the scope of work you did 9 for Connections . 10 A My scope of work was to do calculations for 11 water usage on campus under varying scenarios for the 12 client just to see, under dissonant circumstances, how 13 much water would be used on campus . 14 Q And let me refer you to the Planning 15 Commission record at pages 1678 through 1684 . Okay. 16 So we have enlarged part of those charts at pages 1682 17 through 1684 of the EA report . 18 Could you describe for us the process you 19 used in coming up with these particular calculations? 20 A Yes . So speaking with the client, they gave 21 me different circumstances in finding out the water 22 usage under these different circumstances . I don ' t 23 know if you want to look at the -- 1683 right here . 24 Under this scenario, it takes in a student enrollment 25 381, full-time staff of 50, part-time staff of 17, SPP No. 12-000138 Page No. 002735140 1 program client -- intergenerational program client is 2 25, intergenerational program staff of five . 3 So with those calculations, we initially 4 do -- okay --- kids in the classroom and using restrooms 5 and the staff using restrooms, we can pretty much do a 6 fairly accurate assumption, which is the same 7 calculation that we use with -- for LEEQ calculations g for the USGBC, where you take an assumption of how many 9 times the staff and students would use a restroom and 10 how many times they would use a sink. 11 And then those calculations are done there 12 with the assumption that with a low-flow water closet, 13 1 . 28 gallons per flush, urinal, . 5 gallons per flush, 14 conventional lavatory, with them washing their hands 15 after they use the water closet, 15 seconds, and about 16 2 GPM or -- that ' s . 5 GPM flow. Then the classroom 17 sink, assuming each kid would use the sink one time per 18 day for 15 seconds and then at about 2 GPM. Then you 19 get a total from that . 20 Then they also made the assumption that 30 of 21 those students would be boarding students, so using the 22 American Waterworks Association basis for how much 23 water a boarding student would use, which would vary 24 between 53 and 106, we had a calculation for minimum 25 usage and maximum usage, the minimum side being 1590 SPP No. 12-000138 Page No. 002736141 1 and the maximum side being 3180 . And then, from that 2 basis, we came to a total campus use under those 3 circumstances . And this is without a cafeteria as 4 well . 5 And if you took out the boarding students, 6 the total would just be that 2035, because that would be just students and faculty, no cafeteria there and 8 nobody showering on site . And this would not include 9 any water that is being used on site for irrigation 10 purposes or feeding animals . That would be assumed 11 that would be done from a non-potable source . 12 Q Okay. And then if you are looking at page 13 1684 , what are you showing us here? 14 A So on this one, we are told that the project 15 would be done in phases, potentially, so they want us 16 to give different scenarios . Okay, it ' s just going to 17 be a high school . Only the high school is being built 18 initially. So we did the calculations with 107 high 19 school students . To my understanding, that is about 20 the current amount of high school students they 21 currently have . And then full-time staff and part--time 22 staff. Then we got a total using the same assumptions 23 for the water closet, gallons per flush urinal, gallons 24 per flush lavatory, GPM, and classroom GPM, came up 25 with 531 gallons per day with the 107 high school SPP No. 12-000138 Page No. 002737 42 1 students and about 13 full-time staff and about five 2 part-time staff. 3 And then we did the same thing with 4 intermediate school students and then the same thing 5 with the elementary school students and then 6 intergenerational clients, just -- and that total, 7 again, came to 2035 that we had last time . So that is 8 a breakdown if the campus was built just as a high 9 school now and then so on, so on, as it expanded. 10 Q Right . 11 You had talked about the standards you used, 12 the American -- 13 A Waterworks Association . 14 Q And how often have you used those standards 15 before? 16 A In Honolulu County, they are not really as 17 concerned with the total water usage, but Maui is under 18 more drought situations that everyone is aware of, so 19 we had to use those calculations for the Wailuku 20 Elementary School and also for King Kekaulike, so on 21 two projects, but it is mostly depending on the water 22 available on the island. So we have used them at those 23 two projects . 24 Q Okay. And in terms of AWWA standards, you 25 have had training in their use and application? SPP No. 12-000138 Page No. 002738 143 1 A Not much training is necessary, because it ' s 2 just -- it ' s pretty much a chart that you just look at, 3 looking at -- it gives a heading . This is for -- well, 4 there ' s a schools group, and then it says for boarding 5 students, with cafeteria . So it is fairly basic . 6 Q Is it an industry standard? 7 A Yes . 8 Q And in terms of the opinions expressed in 9 your report, were those done to a reasonable degree of 10 engineering certainty? 11 A Yes, based on average usage of students and 12 faculty, they -- they seem like reasonable numbers . 13 Q Okay. At this stage of the project, can you, 14 to any reasonable degree of engineering certainty, give 15 an exact opinion about the water use? 16 A I cannot give an exact opinion about the 17 water use because even after -- even with the -- or the 18 campus is in the full throttle in the design phase, you 19 are not going to know exactly how someone is going to 20 operate a faucet when they are actually there on site, 21 because no one does everything exactly the same from 22 day to day, but these are, I feel, and also the USGBC, 23 which is the one who issues the LEED certification, 24 they feel these are appropriate assumptions for water 25 use of people; so that ' s a good criteria to go by. SPP No. 12-000138 Page No. 002739 4 4 1 Q Okay. And "USGBC" stands for what? 2 A United States Green Building Council . 3 Q What is that? 4 A They are the authority that hands out LEED 5 certifications for different properties; so it is the 6 main sustainable governmental organization in the 7 United States . B Q When you talk about LEED certification, 9 that ' s "LEED, " correct? 10 A Yeah, Leadership in Energy Efficient Design . 11 Yeah, LEED. 12 Q In terms of actually getting to the point 13 where you can get more precise water use calculation, 14 would the actual type of fixtures that they want to 15 install be part of that equation, essentially? 16 A Yes . So if you looked at the previous chart 17 that we were looking at, so with the urinals at -- this 18 one is fine too. This is a little larger. So with the 19 urinals, you don ' t have to use a . 5 gallons per flush 20 one . You could use a . 125 gallons percent flush one, 21 and the -- or water closet 1 . 28 is pretty much as good 22 as you can do. But you could actually do better than 23 what they are showing there . Also, in a classroom 24 sink, you wouldn ' t necessarily have to use a 2 GPM 25 flow. You could put an aerator on there and have it be SPP No. 12-000138 Page No. 002740 4 5 1 1 . 0 GPM. 2 So there are other measures that you could do 3 to reduce the water consumption. Also, if there was 4 some rainwater harvesting on site, we could use that 5 for flushing of toilets . And you can see by the chart 6 there, the flush of the water closets is the main usage 7 of water on site, so you could reduce it drastically by 8 doing those type of measures . I know in Haleakala and 9 other areas, they do all the flushing by that type of 10 method. 11 So there ' s other ways that you could even 12 reduce that total, that could be vetted during the 13 design phase, to meet whatever the Department of Water 14 Supply is requiring . 15 Q And would it be fair to say at this stage of 16 the project, the design project, what you are talking 17 about in terms of the actual fixtures in calculating 18 that into the estimate, it is too early to do that? 19 A We are just making assumptions right now. So 20 during the design phase, you really nail down what 21 exact fixtures you are going to use and the exact 22 gallons per flush, or GPM, and we could tailor that to 23 whatever the Department of Water Supply requires . 24 MR. HONG: Okay. Thank you. No further 25 questions . SPP No. 12-000138 Page No. 002741 1 02741146 1 THE HEARINGS OFFICER: Mr . Siu? 2 MR. SIU : I have nothing . 3 MS . SELF: No questions . 4 THE HEARINGS OFFICER: Mr. Gomes? 5 MR. DOMES : I have a few questions, please . 6 7 CROSS EXAMINATION 8 BY MR. GOMES : 9 Q As far as you know, is catchment okay for 10 consumption 11 A No -- 12 Q -- in a public school? 13 A No, it would not be . So we wouldn ' t be using 14 it for the lavatory closets or the kitchen sink 15 faucets . It would only be used for flushing purposes . 16 Q Could they use it for gardening, like running 17 a garden hose? 18 A You could use it for irrigation purposes, 19 yes . 20 Q Or for hosing down the horse stables? 21 A You could use it for that purposes . 22 Q And is it possible that if a child is using 23 it to wash it down and gets thirsty and he accidentally 24 drinks from the hose, he could get sick? 25 A That would be possible . They definitely need SPP No. 12-000138 r Page No. 00274 147 1 to be -- there would be training, or if it is deemed as 2 too dangerous, then they should avoid that . 3 Q As far as you know, are there any plans to 4 use catchment water for consumption? 5 A That part of the design hasn ' t been moved 6 forward yet, so it has been talked about, but no -7 definitive decisions have been made on that at this g point . 9 Q And when you do your numbers, do you consider 10 kids like to play with water in the bathroom and they 11 often leave the sink running and stuff like that? 12 A We only do numbers on the typical operation, 13 so it is possible during -- a kid could just turn a 14 faucet on. One thing you could do to avoid that is 15 using a metering faucet that would shut off after ten 16 seconds or five seconds, whatever you want to set it 1-7 to; but if you didn ' t use a metering faucet, they could 18 leave a faucet on, or they could just keep on hitting 19 it just because they are screwing around. So that 20 would be unusual behavior, but that is possible. 21 Q Okay. 22 A So that is not -- but that is not taken into 23 consideration with those calculations . 24 Q Are you familiar with boarding at a school? 23 A Yes . I actually live on Kamehameha School SPP No. 12-000138 Page No. 002743 4 8 1 campus . 2 Q So have you ever seen boarders waste water in 3 showers on campus? 4 A They are actually pretty good there, and 5 there is good oversight, so the main thing is good 6 oversight, but of course kids have left showers on; so 7 it is somewhat -- it can happen. 8 Q As far as funding goes, is it okay to ask how 9 much was spent on your company, how much you charged 10 the school so far? 11 A It ' s -- I believe it is . It is under $5, 000 . 12 Q And do you intend to stay with the project 13 throughout the 25 years of construction? 14 MR. HONG: You know, I object . It misstates 15 facts in evidence . Nobody said 25 years . 16 THE HEARINGS OFFICER: Would you be more 17 specific, Mr . Gomes? 18 BY MR. COMES : 19 Q Do you intend to stay with the project until 20 it ' s done? 21 A I would be on the project until it is fully 22 commissioned and then turned over to the client, but I 23 would not, well, stay on -- after that, it would be on 24 an as-needed basis . 25 Q Okay. And is this your first project where SPP No. 12-000138 Page No. 002744 149 1 you are building a school of this magnitude, from 2 kindergarten through 12th? 3 A Well, the Wailuku Elementary School was -- I 4 mean, it ' s much larger than this one, but it is only K 5 through 5th grade; so while there really isn ' t any 6 other campus in Hawaii that I am aware -- well, yeah, I 7 guess Punahou and Iolani, but no new ones are being 8 built that are K through 12 in near recent history that 9 I am aware of . But I have been -- like Wailuku 10 Elementary School was -- as far as students goes, it 11 would be much larger than this one . 12 Q But K through 12? 13 A Yeah, but not K through 12 . 14 Q This is your first one? 15 A Yeah. 16 MR. GOMES : No further questions . Thank you. 17 THE HEARINGS OFFICER: I have a few 18 questions . 19 20 EXAMINATION 21 BY THE HEARINGS OFFICER: 22 Q First of all, Mr. Louma, is there a reason 23 why you didn ' t include cafeteria and showers, like for 24 a gym, in your calculations? 25 A We did do one, if you look on page 1682 . We SPP No. 12-000138 Page No. 002745 50 1 didn' t have it up here, but I did it . I did do one 2 with the cafeteria using the American Waterworks 3 Association standard. So this page 1682 . So there 4 is a calculation there . 5 Q So you are looking at between 68 , 000 ---- 6 A 6, 800 . 7 Q -- and 348 gallons -- 8 A Yeah. 9 Q -- and 10, 000 gallons a day? 10 A Yeah, with -- if you are going to have a 11 cafeteria and boarding. So, yeah, they had me do 12 multiple scenarios . The ones that were presented here 13 were only a couple of the options . 14 Q Also, is your work mostly with water 15 fixtures, the engineering for the water fixtures for a 16 project, or do you do other things with LEED too? 17 A I would do -- well, it ' s the mechanical -- 18 the air conditioning system, the plumbing system, which 19 includes the fixtures, and the fire sprinkler design 20 within the building. 21 Q So your company is limited to that? 22 A Well, my company also can do the electrical 23 design as well, so we can do many different services; 24 but my scope, being the mechanical engineer/head of the 25 mechanical department office would only include air SPP No. 12-000138 Page No. 002746 51 1 conditioning, plumbing, and fire protection. 2 Q And the other things you were recommending 3 with the low-flow water closet, urinal, the type of q fixtures and plumbing you are recommending, have you 5 used that in other projects? 6 A Yes . And, actually, at Wailuku Elementary 7 School, we actually used waterless urinals, so those 8 don ' t use any flushing, but it ' s slightly more 9 maintenance; but we have the pint flush, . 125 . That is 10 the only thing I really do specify now because it works 11 just as well as a . 5-gallons per flush; but we are just 12 being slightly conservative in these numbers that we 13 are doing here . 14 Q So these kind of fixtures, in your opinion, 15 do work? 16 A Yeah. Industry standards . Correct . 17 THE HEARINGS OFFICER: Okay. Mr . Hong, do 18 you have any more questions? 19 MR. HONG: Nothing further . 20 THE HEARINGS OFFICER: Mr . Gomes, go ahead. 21 22 RECROSS EXAMINATION 23 BY MR. COMES : 24 Q As far as you know, are the restrooms set up 25 to where the seniors would be using the same restrooms SPP No, 12-000138 Page No. 002747 5 2 1 as kindergarteners? 2 A I am not aware of the entire layout right 3 now, because it ' s so early in the design phase, exactly 4 how the restroom situation would be split up. 5 Q Would that make a difference in water usage, 6 if there were more restrooms, to divide them? 7 A Our calculations are only done on the people 8 quantity and the fixtures available, so how the 9 restrooms are shared, unless it was -- unless we had it 10 set up so only the seniors could use this one and we 11 had higher-flow fixtures or something, but it ' s -- 12 currently, it is just based on the students and faculty 13 and assumed common-type fixtures, common-type water 14 closet, common-type lav and sink for all -- all faculty 15 and students . 16 Q Okay. Thank you very much. 17 A Yep. 18 THE HEARINGS OFFICER: Thank you . You are 19 excused. 20 THE WITNESS : Thank you. 21 THE HEARINGS OFFICER: Mr. Hong, I just have 22 a point of clarification. Mr. Yoshioka is asking if he 23 is supposed to be called today. I thought he was 24 subpoenaed for tomorrow. Is that correct? 25 MR. HONG: I thought he was subpoenaed for SPP No. 12-000138 Page No. 002748 53 1 tomorrow also . 2 THE HEARINGS OFFICER: So he can leave today 3 and come back tomorrow. 4 MR. HONG : Absolutely. 5 THE HEARINGS OFFICER: And what about 6 Mr. Yokota . 7 MR. HONG: Do we have Mr. Yokota scheduled 8 for -- 9 THE HEARINGS OFFICER: And I think part of 10 the confusion is there have been subpoenas and amended 11 subpoenas served, so people are a little confused. 12 MR. HONG: We have Mr. Yokota scheduled for 13 8 : 00 tomorrow morning. 14 THE HEARINGS OFFICER: I just suspect 15 that amended subpoenas were served, so there is some 16 confusion. 17 MR. HONG : Right . 18 THE HEARINGS OFFICER: So they can come back 19 tomorrow morning. Thank you . 20 MR. HONG: Thank you. 21 And our next witness is Ran Thiel . 22 . . . 23 • • • 24 . . . 25 SPP No. 12-000138 Page No. 002749 5 4 1 RON THIEL, 2 having been first duly sworn to tell the truth, the 3 whole truth and nothing but the truth, was examined and 4 testified as follows : 5 THE HEARINGS OFFICER: Thank you . 6 Can you please state your full name and 7 provide us with your address . g THE WITNESS : Speak into this? 9 MR. HONG: Yes . 10 THE HEARINGS OFFICER: Yes, speak into the 11 microphone . 12 THE WITNESS : Is it on? 13 MR. HONG : Yes . 14 THE WITNESS : My name is Ron Thiel . I 'm 15 chief of the Traffic Division for the County of 16 Hawai ' i . 17 18 DIRECT EXAMINATION 19 BY MR. HONG: 20 Q Sir, would you give us a highlight of your 21 educational and professional experience, please . 22 A I have got a Bachelor of Science degree in 23 civil engineering from University of Hawaii back in 24 1960 . 25 My experience? SPP No. 12-000138 Page No. 002750 55 1 Q Yes . 2 A I have 49 years of professional engineering 3 experience as of last month . I 'm going to celebrate my 4 50th next year with a big party. 5 The experience in traffic engineering? 6 Q Yes, please . 7 A I started -- civil engineering covers the 8 topic of disciplines . Even in college, we took traffic 9 engineering and traffic transportation classes . I 10 dealt with traffic on and off through the years, but I 11 finally joined what was called the Traffic Engineering 12 Division with the State of Alaska Department of 13 Transportation 1994, and I have been practicing traffic 14 engineering ever since except one year -- actually, one 15 and a half years, when I was working in Kona for a 16 engineering department . 17 Q Okay. And have you been certified in the 18 area of traffic engineering? 19 A Well, there isn ' t a certification . There is 20 something called the PTOE, professional -- I can ' t 21 remember what it all stands for -- professional traffic 22 operations engineer . But most traffic engineers come 23 from general practicing in traffic and work their way 24 up through the --- through that discipline; and I 'm one 25 of those . I 'm basically a traditional traffic SPP No. 12-000138 Page No. 00275115 6 1 engineer, self-taught, and experienced in that 2 discipline . 3 Q Okay. In terms of the Connections project, 4 when did you first become aware of that project? 5 A I believe it was earlier 2010 . That was 6 before I got the TIAR, the engineering document . 7 Q That would be Mr . Phillip Rowell? 8 A Yes . 9 Q Okay. Let me refer you to the Planning 10 Commission record at pages 773 through 787 . 11 A Okay . 12 Q Have you reviewed the County of Hawai ' i 13 Planning Department recommendations at those pages, 773 14 through 787 , before your testimony today? 15 A Not just recently. I remember them from 16 before, but I haven ' t gone over them in details since 17 the last hearing. 18 Q Okay . Well, there were some revised 19 recommendations at pages 881 . And these are the 20 revised recommendations from the Planning Department, 21 pages 881 through 896 of the Planning Commission 22 record. 23 Have you reviewed those revised 24 recommendations before the hearing today? 25 A No, I did not . SPP No. 12-000138 M Page No, 002752 57 1 Q Okay. And in terms of the special permit 2 application which is at pages 1227 through 1231, did 3 you review the special permit application? 4 A No, I didn ' t . And I thought we were going to 5 be reviewing them in house -- or at this time, so I 6 didn ' t go over them and review. 7 Q Well, in terms of the EA, environmental g assessment, with respect to the TIAR, you reviewed the 9 TIAR? 10 A Yes, I did. 11 Q And I reference pages 131 through 135 of the 12 Planning Commission record. There is a page 135, 13 section 3 . 12 . 1 . 3 . 12 . 1 . Sorry, got the wrong page . 14 A Yes . 15 Q That begins at page 132 . I apologize . 16 In terms of those recommendations, your 17 testimony before the Planning Commission was that you 18 agreed with those recommendations? 19 A Yes, that is correct . 20 Q And as you sit here today, are there any 21 changes in your opinion? 22 A No . 23 Q In terms of a traffic management plan, why do 24 you think that was important in terms of your 25 evaluation and recommendation? SPP No. 12-000138 Page No. 002753 8 1 A That was one of -- the third comment we made 2 when we reviewed the TZAR the first time, and this is 3 the second TIAR that I have added that to. The first 4 one was Parker School up in Waimea . And this is 5 something that I am trying to add to the TIAR, that 6 gives us the flexibility of reviewing the traffic 7 congestion throughout the years as the facility 8 continues, because things always change . And the most 9 important thing that we try to deal with is congestion 10 out on the public right-of-ways . So if there is any 11 change that is unforeseen that comes up, we want to be 12 able to work with the group, whoever has the business, 13 and resolve these before they get out in the community 14 or cause safety issues . 15 Q And explain to me how that would work, this 16 traffic management plan or this concept . So the 1� project is already up and running, or at least a 18 portion of it? 19 A Yes . 20 The one we have in place is working -- only 21 had one that ' s working. And I can tell you a little 22 bit about that . Every year, the individual gives a 23 report to the Traffic Safety Committee meeting up in 24 Waimea and talks about any issues about traffic that 25 has occurred over the past year or what they have been SPP No. 12-000138 Page No. 002754 159 1 doing . They talked about -- and it would be the same 2 as this thing where we talked about initiating more 3 busing . They talked about different types of 4 carpooling and things like that, things to try to 5 reduce the traffic and congestion . And I meet with 6 them. If I have a problem, I go to the organization 7 and discuss what the problem is; and, basically, so g far, we have been able to resolve it each time on a g very quiet, friendly basis . 10 Q So you are looking at this traffic management 11 plan as a device to resolve any ongoing problems during 12 the lifetime of the project? 13 A Yes, that is correct . And the problems come 14 from constituents in the area, come from the facility 15 itself, comes from our observations . It comes from any 16 direction whatsoever. And it ' s new. It hasn' t been -- 17 well, the first one that I got in Waimea I think was 18 the first one in the entire state . 19 Q And to your knowledge, Connections has agreed 20 to incorporate that as part of its plan, right? 21 A Yes . There are details that need to be 22 worked out, no agreement on those, but it is agreed to 23 work out a traffic management plan. 24 Q Okay. Do you know Phillip Rowell? 25 A Yes, I do. SPP No. 12-000138 Page No. 002755 60 1 4 How many TIARs have you reviewed for 2 Mr . Rowell? 3 A I 'm not quite sure . I think -- I think q three . But I was trying to find that information, and 5 I know of two for sure. I think there was a third one. 6 4 Okay. Have you been able to form an opinion 7 concerning Mr. Rowell ' s professionalism and quality of 8 work? g A The way I operate, most of these traffic 10 engineers come to me before they ever start a TIAR to 11 ask what type of a scope that I am looking for . And he 12 came to me previously, several years before this, 13 actually, and we discussed -- we discussed philosophy 14 in traffic engineering, what wants to be shown in a 15 TIAR. 16 The State of Hawaii, or the County, doesn ' t 17 really have standards for TIARs . I have a set of 18 standards I work with in other jurisdictions I was at 19 in Anchorage, Alaska before I came here . I would share 20 those with him, and I would tell him basically what 21 we ' re looking for, and it sets a scope and a procedure 22 and an outline to carry forth. 23 4 And you gave those instructions to 24 Mr . Rowell? 25 A Yes, I did. SPP No. 12-000138 Page No. 00275 151 1 Q Have you ever spoken about those instructions 2 to an individual named Melvin, or Mel, Yokota? 3 A I don ' t recognize the name, but who is he 4 associated with? 5 Q He is a P. E. associated with a company called 6 HHMI Corporation . 7 A I can ' t say for sure . 8 Q Okay . But it doesn ' t sound familiar, the 9 name? 10 A No. 11 Q Okay. In terms of the TIAR that Mr . Rowell 12 submitted to you, did you see any deficiencies or 13 shortcomings? 14 A No, I didn ' t . I actually saw a little 15 overconservative in one aspect of it . 16 Q What was that? 17 A His TIAR didn ' t assume that there would be 18 use of buses, because he wasn ' t quite sure when he 19 started, and then kind of towards the end, that charter 20 school was committing to using buses . So his entire 21 TIAR is based on the traffic generated by the parents . 22 Q Okay. And in terms of the findings of 23 Mr . Rowell ' s TIAR, did you agree with his findings? 24 A Yes, I did. 25 Q How many TIARs have you reviewed in the SPP No. 12-000138 Page No. 002757 62 1 course of your career with the County? 2 A Well, this morning, I counted 57 of them on 3 my shelf. I know I have done over 100 . I don ' t keep q all of them. And a lot of them, people contact me -- 5 engineers contact me, and we discuss the issues, and I 6 never see a TIAR. They didn' t -- they don' t -- I mean, 7 they were just fishing for information, trying to 8 figure out if the project would go through, and it 9 didn' t go through . So well over 100 projects for sure 10 that I have worked on. 11 4 Okay. And in terms of -- let me ask you this 12 question. Can an electrical engineer submit a TIAR? 13 A I 'm hesitating, because I know in Alaska they 14 could, but here in Hawaii, I 'm not -- I 'm not sure if 15 they can. I don ' t know specifically. 16 Traffic TIARs are generally done by engineers 17 who, no matter what the discipline is, have experience 18 in that . I can ' t really answer your question. 19 4 Okay. I appreciate that . 20 So in your opinion, based on your experience, 21 did Mr. Rowell ' s TIAR meet any of your professional 22 standards and expectations as the traffic administrator 23 for the County? 24 A Yes, it did. 25 MR. HONG: Okay. Thank you, Mr. Thiel . No SPP No. 12-000138 Page No. 002758 53 1 further questions . 2 MR. SIU: I have nothing. 3 THE HEARINGS OFFICER: Ms . Self? 4 MS . SELF: I don ' t have any questions at this 5 time. 6 THE HEARINGS OFFICER: Mr. Gomes? 7 g CROSS EXAMINATION g BY MR. GOMES : 10 Q Hi, Mr. Thiel . 11 A Yes . 12 Q Are you familiar with Kaumana Drive? 13 A Yes, I am. 14 Q In your opinion, should it be repaved? 15 A That is the access road into -- 16 Q Kaumana Drive . 17 A Off of Kaumana? 18 Oh, you said "Kaumana"? 19 Q Kaumana Drive . 20 A Oh . Oh, pardon me . I thought you said 21 "Kalani . " 22 That is not my expertise . You would have to 23 talk to the Highway Division . 24 Q Oh, no, just your opinion. You are familiar 25 with the road, right? You have driven it? Have you SPP No. 12-000138 Page No. 00275 164 1 ever driven on the road and thought they need to repave 2 this thing? 3 A Well, I am not to answer that question. From 4 a traffic engineering point of view, I don ' t deal with 5 the structure of the pavement . 6 Q Okay. And the police department had 7 suggested sidewalks be put in on Edita Street . Do you 8 agree with that? 9 A Sidewalks . There are a lot of communities 10 that don ' t want sidewalks . Sidewalks have been 11 established by zoning and by the wishes of the local 12 people, and I don ' t know what the wishes are there . As 13 far as access goes, there are shoulders, room for 14 people to walk on the shoulders of that area . In a lot 15 of places, they use shoulders instead of sidewalks, 16 pedestrians use shoulders instead of sidewalks . 17 Q Right . 18 The police department suggested it because 19 there is grass and muddy areas next to the road, and he 20 thought the kids wouldn' t want to walk on the grass and 21 walk on the road was my understanding. 22 A I see . 23 THE HEARINGS OFFICER: Mr. Gomes, you have to 24 ask questions, not testify. 25 MR. DOMES : I 'm sorry. SPP No. 12-000138 Page No. 002760 6 5 1 BY MR. COMES : 2 Q Do you think Phillip Rowell did not suggest 3 sidewalks because he ' s overlooked the need for 4 sidewalks in the area or he knew that there would be no 5 kids walking to school? 6 A I have no idea why he wouldn ' t say anything 7 about sidewalks . 8 I 'm looking at a map -- an overview map 9 because I think the narrow part you were talking about 10 is not at the site, but towards Kaumana Drive. That ' s 11 the portion? 12 Q Yes . 13 A Not in front of the site? Because there ' s 14 wide shoulders in front of the site . 15 Q Right . 16 A I don ' t know how wide that pavement is at 17 this point in time. I don ' t know if there ' s sufficient 18 shoulders for the people to walk on or not . 19 Q Okay. And is there some kind of college 20 degree anyone can acquire to become a traffic 21 specialist? 22 A Yes . It ' s given a label PTOE, professional 23 transportation operation engineer . 24 MR. COMES : Thank you very much . 25 THE HEARINGS OFFICER: Mr . Hong, any SPP No. 12-000138 Page No. 00276116 6 1 redirect? 2 MR. HONG: No, thank you . 3 4 EXAMINATION 5 BY THE HEARINGS OFFICER: 6 Q Mr. Thiel, I have a few questions . 7 First of all, how long have you worked for 8 the County of Hawaii in your position right now? 9 A I started chief of Traffic Division in 2005, 10 June 16th. 11 Q Did you work for Public Works before that in 12 this county? 13 A Yes, I did. I worked for them exactly two 14 years before that, from June 16th, 2003 to June 15th of 15 2005 . 16 Q Okay. Also in your position, you had to 17 review this application. Isn ' t that correct? The 18 Planning Department sent it to your division for 19 comments? 20 A Yes . 21 When you say "application, " we look at --- I 22 don ' t know if we see the whole application . We look at 23 the Traffic Impact Analysis Report, and we look at some 24 of these other documents that I was shown. 25 Q So just so I understand it, your division is SPP No. 12-000138 Page No. 002762 67 1 responsible for the amount of traffic -- whether any 2 improvements are required because of the traffic 3 because of the proposed project? 4 A No . 5 Q No? What is your division responsible for? 6 A We review only and make recommendations to 7 the Planning Department, and we make recommendations 8 from the traffic viewpoint . The Highway -- or the 9 Engineering Division of DPW makes comments based on the 10 geometrics and the paving and the sidewalks and things 11 like that . 12 Q So you don ' t comment on sidewalks, then? 13 A No, not normally. 14 Q All right . What were your recommendations 15 with this application? 16 A We had three comments in the review. Is that 17 what you would like me to refer to? 18 Q Yes . 19 A And those three comments -- they are in the 20 record somewhere . 21 Well, one of them was the traffic management 22 plan, and the others were -- had the housekeeping 23 comments, if I remember right . But I don ' t -- I don ' t 24 seem to have that transmittal . 25 Q So in your comments, is it correct that you SPP No. 12-000138 Page No. 002763 6 B 1 didn ' t recommend any turn lanes or turn pockets on 2 Kaumana Drive because of the traffic generated -- 3 A I believe we did. We recommended a left turn 4 pocket . 5 Q You did recommend a left turn pocket? 6 A I believe so, but I would sure like to see 7 that document that we sent . I thought I had it here . 8 Q And you have no idea whether the Planning 9 Department incorporated those comments into their 10 recommendations, do you? 11 A No, I ---- I thought they did, but I can ' t say 12 for sure . 13 Are you able to hear me with this mic on the 14 table? 15 Q Yes . 16 A Oh, okay. 17 MS . SELF: If I may interject, it would be an 18 exhibit to the background report, and I 'm looking for 19 it right now. 20 BY THE HEARINGS OFFICER: 21 Q Mr . Thiel, since Ms . Self is looking for 22 that, let me just go into one of your recommendations 23 is a traffic management plan? 24 A Yes . 25 Q And that is something that is a long-term SPP No. 12-000138 a Page No. 002764 169 1 kind of plan where the owner of the project meets 2 periodically and reports about the traffic . Is that 3 right? Or puts something together? 4 A Yes, that is correct . 5 Q And how long is this supposed to last, the 6 traffic management plan? 7 A Forever . 8 Q So hypothetically, if a project is ten years 9 down the road and if a project has created an enormous 10 traffic problem and bottleneck so that improvements 11 would be required, how can you enforce the owner making 12 those improvements ten years after the permit is 13 granted? 14 A Usually what I am looking at in the traffic 15 management plan doesn ' t require geometric improvements . 16 It is more dealing with the traffic, making sure the 17 parent pick-up and drop-off facility is working, has to 18 do with the number of cars that are coming in, whether 19 there ' s carpools, things like that . I 'm not looking at 20 any geometric improvements that you are referring to. 21 Q So, for example, you wouldn ' t, in your 22 traffic management plan, at some point require a 23 traffic light to be installed? 24 A Well, I have never thought of that before . 25 That is a good question. I think that would be over SPP No. 12-000138 Page No. 002765 7 0 1 and above -- because a traffic light would be generated 2 by lots of different actions, not just what one 3 facility. . . 4 Q Sometimes it is one facility, though, causing 5 most of the bottleneck? 6 A Well, yes, but usually in a TIAR, that is 7 identified up front and recommendations are made in 8 that up front . There ' s different what we call design 9 horizon years on projects, and we would just look for 10 that design horizon year for improvements . The traffic 11 plan is -- the traffic management plan is different . 12 As far as I 'm concerned, it is ongoing; but it has to 13 do with the circulation of traffic, the way it is 14 handled, not the improvements . 15 Q What if, ten years down the road, the owner 16 doesn ' t want to do anything involved with the traffic 17 management plan? How does it get enforced? 18 A Well, it ' s of record. It ' s a requirement of 19 the zoning . We have the use of enforcing the Zoning 20 Department . 21 MR. HONG: I would just note for the record, 22 1 think we are referring to page 733 . 23 THE WITNESS : So we made five 24 recommendations . Do you want me to read them off, the 25 comments that we made? SPP No. 12-000138 .. Page No. 00276171 1 BY THE HEARINGS OFFICER: 2 Q Sure . 3 A 1 . Project Driveway/Roads . Parking and 4 loading area shall be designed so as all school traffic 5 and possible congestion at project site does not 6 overflow onto county roads . 7 Now, that is a real key issue that determines g what is going to happen for many years out . We can 9 determine that up front; so we are not expecting that 10 that ' s addressed, to have geometric improvements like 11 you are talking about . 12 Q So, in other words, if this is done, then you 13 won ' t have a situation like Hilo High when the kids are 14 getting out and the traffic is backed up for three 15 blocks? 16 A I wouldn' t compare this to Hilo High . That 17 is a state function -- or a state organization, and we 18 have no control over what they do whatsoever. We don ' t 19 even have a chance to review their plans . 20 Q I 'm understanding that; but what you are 21 saying is if this recommendation is followed, then you 22 shouldn ' t have the traffic jam that you have at Hilo 23 High. Is that what you are saying? 24 A Yes, that is correct . 25 Q Okay. SPP No. 12-000138 Page No. 002767172 1 A 2 . Alternative 1 and preferred alternative 2 would be ideal in that the project is limited to one 3 access point . 4 And that is what I understand we were just 5 agreeing with, the recommendation in the TIAR. 6 3. A school zone treatment shall be 7 incorporated into the project . 8 And that has to do with identifying the 9 school zone, putting signs up, marking the school 10 zones, and sometimes flashing lights . 11 4 . The Edita Street community should be 12 contacted and discuss the possibility of incorporating 13 traffic coming into the project . 14 In other words, there are different aspects 15 like -- like signage and striping and other things that 16 address the traffic, to keep the traffic going to the 17 posted speed. 18 And then No. 5 is the traffic management 19 plan. 20 THE HEARINGS OFFICER: Thank you . Thank you 21 for that information. 22 Mr. Hong, do you have any further questions 23 based on this? 24 MR. HONG: Yes, I do. 25 SPP No. 12-000138 Page No. 002768 7 3 1 REDIRECT EXAMINATION 2 BY MR. HONG: 3 Q If you could turn to page 1228 of the 4 Planning Commission. 5 So if you look at page 1228, which is revised 6 recommendations of the Planning Department . I would 7 like you to focus on condition 7 through 12 . 8 A Okay. 9 Q And in terms of 7 through 12, my 10 understanding is -- well, do you agree with those 11 recommendations 7 through 12? 12 A I agree with No. 7 -- well , these aren' t my 13 recommendations . These are coming from the Department 14 of Public Works, though. 15 Q Right . 16 A Okay. No . 8 -- I agree with No. 8 . I agree 17 with No. 9 , And No. 10 is providing shoulders, not 18 sidewalks, and I agree with that . 19 Is that it? 20 Q Then 11 and 12, please . 21 A No . 11 is the traffic management plan. I 22 think that ' s pretty close to what we said. Let me read 23 it . Yes, I agree with No . 11 . 24 And No. 12 . And that ' s our most important 25 one, No . 12 . That ' s making sure everything is confined SPP No, 12-000138 Page No. 002769 174 1 within the project limits . I agree with No. 12 . 2 MR. HONG: Thank you. 3 THE HEARINGS OFFICER: Mr. Siu, anything 4 further? 5 MR. SIU: Nothing. 6 THE HEARINGS OFFICER: Ms . Self? 7 MS . SELF: Nothing. 8 THE HEARINGS OFFICER: Mr . Gomes? 9 MR. COMES : I have a couple more, please . 10 11 RECROSS EXAMINATION 12 BY MR. GOMES : 13 Q Mr . Thiel, Dr. Henry Lee Loy turned in 14 written testimony stating that the TIAR was done in May 15 of 2009 . Does that make it outdated since it has been 16 so long ago and different communities have popped up 17 along Kaumana Drive? 18 A Well, normally I would say yes, but you know, 19 we had an economic turndown from 2009 . The traffic 20 volumes went up to about 2009, and then they started 21 plummeting, and we are just getting back to about where 22 they were, and maybe just a little bit higher now; so I 23 would say, given any unforeseen conditions, it would be 24 pretty close to the way it is now. 25 I just did a review on another project of SPP No. 12-000138 Page No. 002770 175 1 this very nature to determine what the volumes were 2 along the Hamakua Coast, and I didn' t see too much of a 3 change in volumes . 4 Q Okay. He also states that because the study 5 was done on one day, May 28th, that University of 6 Hawaii-Hilo, Hawaii Community College, and Kamehameha 7 Schools Hawaii campus were out and so over 7, 000 8 students were not in school that day. 9 Would that make a difference in the TIAR? 10 A It could make a difference . It actually 11 could make it even worse . They might have even been on 12 this street instead of at school . 13 Let me give you just a little bit of history 14 on TIARs . We generally look at what is called average 15 daily traffic -- average annual daily traffic. We try 16 to determine the annual traffic over the entire year. 17 And counts were taken on individual days, but we have 18 permanent traffic records that tell us what the 19 traffic -- how the traffic varies from one day to the 20 next, whether it ' s Monday or Friday, what time of the 21 year, what month, what week, what activities . And we 22 can adjust all that information. And, generally, the 23 information you will see in these are adjusted to the 24 AADT, the average annual daily traffic. So it doesn ' t 25 make any difference what year, what day, what week the SPP No. 12-000138 Page No. 002771 1 02771176 1 traffic counts are taken; it should all be adjusted. 2 After it ' s adjusted, then we start rounding 3 off figures and information and looking at a .m. peak 4 hour and p.m. peak hour. And the peak hour is 5 generally the criteria we look at when determining the 6 level of service . The level of service in this area is V running A and B, which is a very lively of service . B You can go down to a C or a D, which increases the g delay time probably about three times, and still have 10 adequate functioning. 11 What normal people see that contradicts the 12 TIARs is that day, at that particular moment, when 13 everything went bad and you have an incredible amount 14 of traffic in the road. And we call those peak 15 conditions . I don ' t even know if we have a name for 16 them. But there will be maybe a five-minute period l'l where you have a lot of congestion, a lot of things 1B going on. We don ' t design to those. 19 We generally design -- all of our criteria 20 generally looks at designing the 85 percent of the 21 traffic, 85 percent of everything that you see out 22 there. And a lot of times, the people are questioning 23 that upper 15 percent . Everything is a generality . 24 This is a best-guess scenario. That is why I like the 25 traffic management plan, because it allows us to look SPP No. 12-000138 Page No. 002772 7 7 1 at it afterwards . 2 But the best-guess scenario is rounded off to 3 give you a generalized piece of information. And I 4 have seen time and time again where the public have 5 come in and said, "You didn ' t do this at this specific 6 date at this specific condition. " And that is not what 7 these are intended to represent . 8 Q Thank you. 9 As far as the busing goes, have you seen the 10 bus routes? 11 A No. No, I haven ' t . This TZAR didn ' t 12 identify buses . And when I was looking at it, the 13 traffic on that road, Edita Road, caused by the schools 14 increased the traffic about 20 percent . That is not in 15 the TIAR. But I didn ' t see a bus route because there 16 wasn ' t talk about bus utilization at that time . 17 Q So if we go by that TIAR, and considering 18 that 50 percent of the students come from the Puna 19 District, if they weren ' t being bussed, does the study 20 need to be further up or down Kaumana Drive? Does that 21 make a difference if they are coming from a farther 22 area? 23 A Well, one of the things that I did to test 24 the TIAR is to look at the current traffic counts to 25 see if the counts that I was seeing in the TIAR were SPP No. 12-000138 Page No. 002773 7 8 1 actually commensurate with the area, with the time . 2 And I saw very close similarities in what I saw from 3 state traffic permanent counters -- not permanent 4 counters, but counters and what the traffic engineer 5 gave . 6 The amount of traffic on that road at any `] time is somewhere around, I think, 50 cars, and there 8 are 2, 200 cars on Kaumana, so we are looking at 2 1/2 g percent increase . A 2 1/2 percent increase, I wouldn' t 10 be looking at a study up and down Kaumana. 11 Q Okay. And the TIAR is only taking into 12 consideration the number of cars, not the type of 13 driver, like I 'm a parent dropping off my kid, I 'm in a 14 hurry, and I got to get to work. That is not 15 considered, right? It ' s just the number of cars on the 16 road? 17 A Well, yes and no. It talks about the number 18 of cars, but when we start looking at the parent 19 pick-up and drop-off facility and the way that the 20 plans are laid out, we start looking at the very thing 21 that you mentioned; and we know there are things that 22 we need to look at that can address that and solve the 23 problem that you are talking about, which is the 24 hurriedness of the parents . 25 Q And currently, the school only has one point SPP No. 12-000138 Page No. 002774 7 9 1 for entrance and exit . In your professional opinion, 2 should they have a second point for exit, say a single 3 entrance point and a different exit point? 4 A I don ' t think they need to have a second one . 5 They are talking about volumes of, at the most, 29 cars 6 in the -- wait a minute . That is coming out of Edita . 7 I don ' t know if I have the right one for -- let ' s see. 8 Well, I do not see sufficient volumes that would cause 9 the creation of a second driveway. 10 MR. COMES : Okay. Thank you very much. 11 THE HEARINGS OFFICER: Thank you, Mr . Thiel . 12 You are excused. 13 MR. HONG: Thank you. 14 THE HEARINGS OFFICER: Why don ' t we take a 13 ten-minute recess . 16 (Recess ensued from 2 : 18 p.m. to 2 :28 p.m. ) 17 THE HEARINGS OFFICER: We are back on the 18 record, and I will note the presence of all the 19 parties . 20 Before we begin with the next witness , this 21 morning, before we started with witnesses, we talked 22 about a continued hearing for the purpose of -- there 23 are two witnesses that Mr. Hong has and also to the 24 site visit . So the Commission staff has reserved this 23 room for November 12th . We will begin at 9 : 00, and SPP No. 12-000138 Page No. 002775 8 0 1 because it ' s a public hearing, we will take testimony 2 at 9 : 00 a .m. if there ' s public testimony. We will then 3 go and have a site visit on the property, and if the 4 parties feel testimony is necessary, we will have a 5 court reporter there, and then we will come back here 6 and finish up with the last of the evidence . 7 Is that acceptable, Mr. Hong? g MR. HONG: That ' s fine, thank you. 9 THE HEARINGS OFFICER: Mr. Siu? 10 MR. SIU: That ' s correct . That ' s correct . 11 THE HEARINGS OFFICER: Ms . Self? 12 MS . SELF: Yeah. 13 THE HEARINGS OFFICER: And, Mr . Gomes, is 14 that okay? 15 MR. GOMES : Yes, ma ' am. 16 THE HEARINGS OFFICER: Okay. Then let ' s 17 proceed with the next witness . 18 MR. HONG: Our next witness is Kurt Inaba . 19 THE HEARINGS OFFICER: Mr . Inaba, do you want 20 to raise your hand? 21 22 KURT INOUYE INABA, 23 having been first duly sworn to tell the truth, the 24 whole truth and nothing but the truth, was examined and 25 testified as follows : SPP No. 12-000138 F Page No. 002776 81 1 THE HEARINGS OFFICER: Thank you. 2 Can you state your full name and provide us 3 with your address . 4 THE WITNESS : Kurt Inouye Inaba, 18 Ki ' e 5 Place, Hilo, Hawaii, 96720 . 6 7 DIRECT EXAMINATION 8 BY MR. HONG: 9 Q Okay. Mr. Inaba, could you go over your 10 educational and professional background, please . 11 A I graduated from the University of Hawaii at 12 Manoa in engineering, civil engineering field. 13 Professional background, I became a professional 14 engineer licensed in the civil field. 15 Q When were you licensed? 16 A Sorry, fair question. 17 Q Okay. But you are licensed? 18 A Yeah. In 19 -- I believe ' 97 . 19 Q Okay. And in terms of your professional 20 career, were you working in the public, private sector, 21 or what were you doing? 22 A In the public sector, I started working at 23 the Department of Water Supply. 24 Q And what is your present title? 25 A The engineering division head, the Department SPP No. 12-000138 Page No. 002777 82 1 of Water Supply. 2 Q And could you tell us what you do as the 3 engineering division head? 4 A Just -- I basically oversee engineering 5 functions, budgeting, planning, design, construction 6 within the department. Q Have you have been certified in any areas or 8 an emphasis in certain areas in terms of your civil 9 engineering license? 10 A No, just general civil engineering. 11 Q Okay. When did you first become involved 12 with the Connections project? 13 A Boy, it was probably when the application was 14 submitted. I don ' t know exactly what date that is . 15 There was a discussion basically with staff to go over 16 the application. 1-7 Q Okay. I would like you to turn to pages 1678 18 through 1684 of the Planning Commission record. 19 A Okay. 20 THE HEARINGS OFFICER: I 'm sorry, Mr . Hong, 21 what pages again? 22 MR. HONG: 1678 through 1684 . These are the 23 water calculations again . 24 BY MR. HONG: 25 Q And specifically, if you could turn to 1682 . SPP No. 12-000138 ' Page No. 002778 183 1 Mr. Inaba, you are familiar with the AWWA 2 standards and guidelines? 3 A Yeah . 4 Q And how are you familiar with them? 5 A We utilize the standards in our work. 6 Q And in terms of the area of civil engineering 7 and your work at the Department of Water Supply, would 8 you consider them reliable and industry standard? 9 A Yes . 10 Q In terms of Mr . Louma ' s estimation at pages 11 1682 through 1684, did you see any deviations or errors 12 in terms of his anticipated water use estimates? 13 A No. 14 Q Would you agree that the proposed project is 15 to be constructed and occupied in a series of phases? 16 A That was what was proposed. That was our 17 understanding, yes . 18 Q And in terms of -- the Department of Water 19 Supply set a limit of 4200 gallons per day . Is that 20 the limit for the entire project when fully completed? 21 A Yes . 22 Q There was a concern expressed when that first 23 phase of the project is completed and use begins, water 24 to the residential neighborhood homes would diminish in 25 terms of pressure and availability. SPP No. 12-000138 Page No. 002779 8 4 1 Based on your studying and experience, and to 2 a reasonable degree of engineering certainty, how 3 realistic is that expectation or concern? 4 A If they use what was allotted, then that 5 shouldn ' t be a concern. 6 Q Okay. At this stage of the project, can the 7 Department of water Supply, to any reasonable degree of 8 engineering certainty, render an exact opinion about 9 the water use estimates? 10 A No . 11 Q Why not? 12 A It ' s basically -- again, it ' s estimates . I 13 guess it ' s based on the current plan, as best as the, I 14 guess, developer knows . That ' s pretty typical . 15 Q And in terms of plans, generally, is it the 16 normal course of a development that you are going to be 17 given other sets of calculations as the design starts 18 to really gel? 19 A We have received that, yes . 20 Q And from those revised estimates, then you 21 can get a better idea of what the actual water use is 22 going to be? 23 A Yeah. 24 Q At a special permit application phase of any 25 project, is a developer or entity developing the land SPP No. 12-000138 Page No. 002780 8 5 1 required to produce final or actual water use in 2 construction plans, including those final water use 3 figures? 4 A Not at the permit application phase . 5 Q Are you aware of any charter schools using 6 catchment water? 7 A I believe there is one, yes . 8 Q Which one is that? 9 A I don ' t know the name, but I think it ' s in 10 Kona. I know that they do have -- I don ' t know if they 11 are using it for potable use, fire protection, but 12 there is, I know, a catchment tank on the property. 13 Q Okay. What about HAAS, Hawaii Academy of 14 Arts and Sciences? 15 A I am not aware of that school . 16 MR. HONG: Okay. Thank you. Nothing 17 further. 18 THE HEADINGS OFFICER: Mr. Siu? 19 MR. SIU: I have nothing. 20 THE HEARINGS OFFICER: Ms . Self? 21 MS . SELF: Nothing. 22 THE HEARINGS OFFICER: Mr. Gomes? 23 MR. DOMES : Just a couple of questions . 24 25 . • . SPP No. 12-000138 Page No. 00278118 6 1 CROSS EXAMINATION 2 BY MR. GOMES : 3 Q With the amount of water now that ' s available 4 to the site, will that ever be enough for the entire 5 school? 6 A If it was the only source, based on the talcs 7 that were submitted, I don ' t believe so . 8 Q Okay. And are you familiar with the site on 9 Edita Street? It ' s two parcels . 10 A Yeah . 11 Q So right now, they are planning to use just 12 the lower campus for -- or for the campus, the lower 13 parcel; but if they need water on the upper parcel 14 because of the forestry program, does that affect the 15 amount of water available on the lower parcel? 16 A Yeah . There 17 Q It comes from the same source? 18 A Same, yeah. 19 Q And as far as you know, are you okay with 20 catchment water being used at a school? 21 A Well, we only, I guess, review in compliance 22 with our standards . It ' s beyond our jurisdiction to 23 comment and review private -- I guess we could consider 24 that a private system. We basically go to the meter -- 25 the public side, yeah, up to the meter. SPP No. 12-000138 Page No. 002782 8 7 1 MR. GOMES : Okay. No further questions . 2 Thank you. 3 THE HEARINGS OFFICER: Any redirect? 4 MR. HONG: Yes . 5 6 REDIRECT EXAMINATION 7 BY MR. HONG: 8 Q I just need to borrow the book. Thank you. 9 Let me show you the Planning Commission 10 record. These are the revised conditions from the 11 Planning Department beginning at page 1227 . 12 If you would look at condition 3 and 4 . Do 13 you agree with those particular conditions? 14 A Yep. Yep. 15 Q So for both 3 and 4 , you agree with those? 16 A Yeah. 17 MR. HONG: Okay. Nothing further. 18 THE HEARINGS OFFICER: Thank you, Mr . Inaba . 19 You are excused. 20 MR. HONG: Our next witness is Duane Kanuha . 21 THE HEARINGS OFFICER: Want to raise your 22 right hand, Mr . Kanuha? 23 . . . 24 . . . 25 • . . SPP No. 12-000138 Page No. 002783 8 8 1 DUANE KANUHA, 2 having been first duly sworn to tell the truth, the 3 whole truth and nothing but the truth, was examined and 4 testified as follows : 5 THE HEARINGS OFFICER: Thank you . 6 Can you please state your full name and give 7 us your address . S THE WITNESS : Duane Kanuha, P.O . Box 6532, 9 Hilo, Hawaii . 10 11 DIRECT EXAMINATION 12 BY MR. HONG: 13 Q Sir, would you highlight your educational and 14 professional experience for us, please . 15 A Okay. I am a graduate of Hilo High School 16 and also have a B.A. from the University of Hawaii at 17 Hilo in geography, specifically urban geography. 18 My professional experience, I started off as 19 a contract employee for the Hawaii County Planning 20 Department in 1974 . In 1977 , I was appointed deputy 21 director. I served in that capacity until 1984 . 22 Following that, I spent a year or two as the deputy 23 land agent for the Department of Land and Natural 24 Resources land Management Division . 25 Following that, I opened up the Hilo branch SPP No. 12-000138 Page No. 002784 189 1 for PBR Hawaii . 2 And then in 1988 , I was appointed planning 3 director, served in that capacity from 1988 to 1990 . 4 From 1991 to 1992, I was the land 5 director/chief restructuring officer for Hamakua Sugar 6 Company. 7 And then, following that, in 1992, I joined g at that time Shalom International of Hawaii . They are 9 now called Shirley Kohala Corporation, and -- as 10 executive vice president . And I also served as COO for 11 several of their subsidiaries . They work in Hawaii, 12 Napa valley, California, Japan, and Bali . 13 So I spent 21 years with them, and then I 14 retired, and I was asked to serve as planning director 15 for the County of Hawai ' i, and I have been in that 16 capacity since June of this year . 17 Q Okay. In terms of the Connections project, 18 when did you first become aware of that? 19 A I think just from some of the newspaper 20 articles . 21 Q When you became planning director in June of 22 this year, did you review the file regarding 23 Connections at all? 24 A Not right away. I ended up going through the 25 entire record more recently, within the last couple of SPP No. 12-000138 y Page No. 002785 9 O 1 weeks . 2 Q Okay. Let me show you the revised 3 recommendations from the Planning Department at page 4 1227 of the Planning Commission record. 5 A Okay. 6 Q You have had the opportunity to review that 7 before coming in this afternoon? 8 A Yes, I have . 9 Q Since becoming planning director, other than 10 the review of what is on file at the Planning 11 Department, did you do any other investigation or 12 examination of the Connections special permit 13 application? 14 A No, I have not . 15 Q As the current planning director, has the 16 department ' s position changed in terms of those revised 17 recommendations you see before you? 18 A No, they haven' t . 19 Q In terms of the parameters of the Planning 20 Department, in this kind of application, could you tell 21 us what parameters does the Planning Department use to 22 determine whether the proposed use is appropriate? 23 A The Planning Department -- well, to the 24 review by the Planning Commission, they have two basic 25 criteria . The first criteria is whether or not the SPP No. 12-000138 Page No. 00278 191 1 application perpetuates the objectives of Chapter 205 . 2 And the other one is whether or not the proposed use is 3 a special or unusual application in that particular 4 area. 5 4 Okay. In terms of the Planning Department 6 rules -- Planning Commission rules in this Chapter 205, 7 does the Hawaii County Planning Department have the 8 right to tell a developer where to locate a particular 9 project? 10 A No . 11 4 Does the Planning Department have the right 12 to select the parcel that it things would be more 13 appropriate for a particular project? 14 A No . 15 4 And at the special permit application phase 16 of any project, is a developer or entity developing the 17 land required to produce final or actual construction 18 plans, including final water use figures? 19 A Usually not . Those usually come through 20 conditions of approval if the permit is approved, which 21 require, you know, more precise site plans, 22 construction plans, et cetera . 23 4 Okay. And then also at the special permit 24 application phase of any project, under Section 205-6 25 HRS, is the developer or entity developing the land SPP No. 12-000138 Page No. 002787 92 1 required to show any kind of proof of need for that 2 particular use, such as a home or store or even a 3 school? 4 A There is not a specific requirement to show 5 that need, but in order to substantiate the project 6 itself, based on the criteria that I just stated, you 7 know, whether it furthers the objective of Chapter 205, 8 or it ' s a special or unusual circumstance, the 9 justification usually becomes part and parcel of it . 10 MR. HONG: Okay. Thank you, Mr. Kanuha . No 11 further questions . 12 THE HEARINGS OFFICER: Mr. Siu? 13 MR. SIU : Nothing. 14 THE HEARINGS OFFICER: Ms . Self? 15 MS . SELF: No questions . 16 THE HEARINGS OFFICER: Mr. Gomes? 17 MR. COMES : I would .like to show Mr . Kanuha 18 my video of the dry well that the Planning Department 19 came to investigate . 20 THE HEARINGS OFFICER: Mr. Gomes, do you have 21 equipment so you can show that? 22 MR. COMES : Yes, ma ' am. 23 THE HEARINGS OFFICER: And you have questions 24 about that? Is that why you are showing this to him? 25 MR. COMES : Yes . The Planning Department -- SPP No. 12-000138 Page No. 002788 193 1 THE HEARINGS OFFICER: Have you produced 2 copies of this to the other parties? 3 MR. COMES : Yes . 4 THE HEARINGS OFFICER: Mr. Hong, have you 3 seen this? 6 MR. HONG : Yes, the dry well . 7 THE HEARINGS OFFICER: Mr . Siu, you have seen g this? 9 MR. SIU : Yeah. 10 THE HEARINGS OFFICER: And, Ms . Self, you 11 have seen this video? 12 MS . SELF: I haven ' t opened it up yet, but . . . 13 THE HEARINGS OFFICER: All right . But, 14 again, you have to ask questions about it . Do you 15 understand? This is not testimony. 16 MR. DOMES : Yes, ma ' am. 17 THE HEARINGS OFFICER: Okay. Is it doing to 18 take you a while to set this up? 19 MR. DOMES : I hope not . 20 THE HEARINGS OFFICER: Mr. Games, do you want 21 this projected on the screen -- I mean on the wall, or 22 are you doing this -- 23 MR. GOMES : I have it right here . I just 24 have to hit "Play . " But -- 25 THE HEARINGS OFFICER: Well, how is everybody SPP No. 12-000138 Page No. 002789 194 1 going to see that? 2 MR. GOMES : Okay. I will turn it -- 3 THE HEARINGS OFFICER: Why don ' t we just take 4 a recess in place while he ' s . . . 5 (Recess ensued from 2 : 48 p.m. to 2 : 50 p.m. ) 6 MR. HONG: I would ask that the court 7 reporter not take down what is being stated over the g video. 9 (The video was played. ) 10 THE HEARINGS OFFICER: Mr . Gomes, do you want 11 to proceed with your questions? 12 MR. DOMES : Yes, please. 13 14 CROSS EXAMINATION 15 BY MR. GOMES : 16 Q The Planning Department had come out to that 17 site to look at the dry well last year in October 18 because of the possibility that it was a lava tube, and 19 Theresa Dunham had instructed the school to investigate 20 that lava tube . They had Pacific Legacy investigate 21 it . And this is what Pacific Legacy -- if you go to -- 22 if anybody wants to follow along on page 1070, this is 23 the response that Pacific Legacy gave for their 24 investigation of that dry well, 1069 and 1070 . 25 So they wrote back saying: During times of SPP No. 12-000138 Page No. 002790 195 1 heavy rainfall, water is known to flow through Kaumana 2 Cave. Dr . Fred Stone, who prepared a report on the 3 cave in 1992 as part of the Puainako Road Extension 4 Environmental Impact Study, indicated that according to 5 residents across the road from this entrance, the Edita 6 Street entrance to the tube, during heavy rains in the 7 mid-1970s, Kaumana Cave flooded, and water gushed from 8 the cave and covered Edita Street . It was the reason 9 that the diversion culvert was constructed. 10 In more recent conversations with local 11 residents, Pacific Legacy was told that during times of 12 heavy rainfall, water flowing out of the cave will be 13 channeled along the culvert and into the dry well along 14 Edita Street . If the rain persists, the dry well will 15 gradually fill up with water and eventually overflow. 16 This would indicate that the dry well, whose entrance 17 probably feeds into a section of lava tube that is a 18 self--contained unit that does not connect with the 19 larger-tube complex such as Kaumana Cave . if it did 20 connect with Kaumana Cave somewhere further makai, then 21 the flood waters would not fill up and overflow, but 22 would be drained away. 23 BY MR. DOMES : 24 Q So, in your opinion, seeing the water flowing 25 and knowing that this dry well would not fill up -- the SPP No. 12-000138 Page No. 00279119 6 1 only reason that it did fill up during the 2001 2 hundred-year flood was because the drain was clogged 3 from debris -- should it be investigated? Because if 4 the upper parcel cannot be built on because it is over 5 the caves, this shows that the Kaumana Caves runs 6 directly underneath the parcel also. 7 MR. HONG: Is there a question? 8 MR. GOMES : That was my question. 9 THE HEARINGS OFFICER: Mr. Gomes, can you 10 rephrase that as a question to Mr. Kanuha? Because I 11 don ' t understand what you are asking. 12 BY MR. COMES : 13 Q So does the cave, the lava tube at the bottom 14 of this dry well , does it need to be investigated to 15 prove that it is not connected to Kaumana Cave and does 16 not run underneath the property? 17 MR. HONG: I 'm going to object as not being 18 relevant to this witness ' s testimony or the issues 19 here . And it ' s lack of foundation. 20 THE HEARINGS OFFICER: Mr . Kanuha, are you 21 able to answer that question? 22 THE WITNESS : No, I 'm not . I 'm not an 23 engineer . Our office does not do engineering work. 24 The responsibility for drainage requirements, 25 drainage improvements, et cetera, that is left up to SPP No. 12-000138 Page No. 002792 9 7 1 the Department of Public Works Engineering Division, 2 and, you know, this sounds to me like an existing 3 condition that exists now . 4 Obviously, if this has been brought to the 5 attention of us and the applicants as well, that should 6 this project go forward, obviously there will be more 7 attention paid to it in terms of determining exactly, 8 you know, where this water goes and whether or not -- 9 the improvements that will be required will probably be 10 adjusted to accommodate those flows to go where they 11 are supposed to be going. 12 MR. GOMES : Okay. I have a few more 13 questions . 14 THE HEARINGS OFFICER: Go ahead. 15 BY MR. DOMES : 16 Q Regarding residents or students of the 17 Connections Charter School, you have concerns about 18 this application because most of the students who will 19 attend this school do not reside near the school . Is 20 that correct? 21 A I don ' t have that concern, and I don ' t think 22 it ' s a concern that ' s covered in the criteria that we 23 use to make a determination of it . It may play into 24 the decision-making process, but in this particular 25 case, I don ' t think it overrides how the recommendation SPP No. 12-000138 Page No. 00279319 8 1 was put together . 2 Q So the 50 percent of current students 3 residing in Puna District makes no difference? 4 MR. HONG : Objection. It ' s cumulative . It 5 has been asked and answered. 6 THE HEARINGS OFFICER: If he can answer, 1 7 will allow it . 8 Can you answer the question? 9 THE WITNESS : I think I answered it, that it 10 does come into consideration, but it is not one of the 11 prime criteria that we use when we assess these kinds 12 of applications . 13 BY MR. DOMES : 14 Q Ideally, students should not live a far 15 distance from a school . Is that correct? 16 A I don ' t have the expertise to make that 17 determination . 18 Q Do you know what percentage of the students 19 reside in the Kaumana area? 20 A Again, as I stated earlier, that number is 21 not an overriding criteria in things of this nature . 22 I think maybe I might use an example of 23 churches, you know. We don ' t make any findings as to 24 where the denomination comes from when an application 25 for a church comes before us . SPP No. 12-000138 Page No. 002794 199 1 Q Okay. But it is possible that none of the 2 students come from the Kaumana area? 3 A I think the record shows that, you know, 4 that ' s true. 5 Q Do you consider personally the residence of 6 the students to be an important factor of your 7 recommendation? 8 A Again, we have to look at this as objectively 9 as we can in terms of the information that ' s been 10 placed before us and put on the record. I don ' t 11 believe it ' s an overriding criteria in the 12 decision-making process . 13 Q So regardless of its importance, why did you 14 recommend approval of the special permit when at least 15 50 percent, and possibly 100 percent, of the students 16 don ' t live near the school? 17 MR. HONG: You know, I object . It ' s 18 cumulative. It has been asked and answered at least 19 three times . 20 THE HEARINGS OFFICER: I 'm going to sustain 21 the objection, 22 Go on to your next question. 23 BY MR. GOMES : 24 Q You also considered the integration of the 25 school into the community as another factor supporting SPP No. 12-000138 Page No. 002795200 1 your recommendation for approval . Is that correct? 2 A Yes . 3 Q Is this integration into the community 4 something you presume will happen? 5 A Again, whether it happens or not is not one 6 of the criteria that we use when we come up with these 7 recommendations . Certainly we would like to see g integration of the uses, but, again, it is not an 9 overriding criteria . 10 Q Okay. Would it be correct to say that you 11 have no factual basis to support your belief that the 12 school will develop a strong connection with the 13 community? 14 A Can you repeat the question? 15 Q Would it be correct to say that you have no 16 factual basis to support your belief that the school 17 will develop a strong connection with the community? 18 A No. 19 Q To grant approval of the special permit, the 20 Commission must find that the proposed use is an 21 unusual and reasonable use of land situated in an 22 agricultural district and the proposed use would 23 promote the effectiveness and objectives of Chapter 24 205, Hawaii Revised Statutes . Is that correct? 25 A That ' s correct . SPP No. 12-000138 Page No. 002796 01 1 Q You believe these conditions have been met . 2 Is that correct? 3 A In a recommendation to the Commission, we 4 believe they have . 5 Q Your recommendation states that applicant ' s 6 request is unusual because a school is not considered 7 agricultural in nature . Is that correct? 8 A I think that ' s one of the -- one of the --- 9 one of the issues that we based our recommendation on . 10 Q So are you saying, then, that any use that is 11 not considered agricultural in nature would be 12 considered unusual and would therefore satisfy this 13 condition? 14 MR. HONG: Objection. It lacks foundation, 15 calls for speculation, and it is not relevant . We are 16 talking about this particular use . 17 THE HEARINGS OFFICER: I 'm going to sustain 18 the objection . 19 BY MR. GOMES : 20 Q The recommendation goes on to say that the 21 request for special permit is reasonable because 22 communities within agricultural districts require 23 certain services to support the agricultural community 24 in which they are included, including schools . 25 You agree with this statement? SPP No. 12-000138 Page No. 002797 02 1 A Yes . 2 Q What is the agricultural community you are 3 referring to? 4 A The agricultural community in the context 5 that we used here is basically as it relates to Chapter 6 205, which, you know, designates lands as, you know, 7 agricultural classification . The county zoning also, 8 you know, designates this property for agricultural 9 designation. 10 That is notwithstanding what the actual uses 11 are, okay, because, again, on a case-by-case basis, in 12 a lot of situations where use is proposed, the 13 surrounding neighborhood may not necessarily 14 represent a neighborhood or surrounding environment 15 that is agricultural in nature . And I think in this 16 particular case, you know, as you well know, that area 17 is probably not used extensively for agricultural, and 18 the surrounding uses are not essentially agricultural; 19 and that is why the recommendation is based on what the 20 actual designations are that we are looking for . And, 21 you know, that is the purpose for the special permit 22 and exceptions . 23 Q Thank you . 24 And the subject agricultural property is part 25 of the agricultural community that you are referring SPP No. 12-000138 Page No. 002798 a 1 to . Is that correct? 2 A It is part of the agricultural community from 3 an institutional standpoint, what it ' s zoned for, what 4 the land use is designated for . 5 Q And would you agree that the subject property 6 does not require a school? 7 A Would I agree that the subject property does 8 not require a school? Yes . 9 Q Yes? 10 A Yes, it doesn ' t require a school . 11 Q Are there any nearby agricultural districts 12 that require a school? 13 A I don ' t believe any agricultural district 14 requires a school, which is why the vehicle to consider 15 allowing schools is this special permit process . 15 Q Would you then consider placement of a school 17 in an agricultural community that does not require a 18 school to be unreasonable? 19 A No. 20 Q If the soil on the property is poor, the 21 property cannot be used for agricultural purposes, such 22 as recreational or picnic area . Isn ' t that true? 23 A Yes . 24 Q And if other agricultural uses besides 25 crop-farming are possible on a property, why would you SPP No. 12-000138 Page No, 002799 204 1 consider it reasonable to allow a school that is not 2 required by the agricultural community to be built on 3 the property? 4 A I think I stated that schools are not 5 required, okay, to -- they are not permitted uses in 6 this situation, which is why we have the special 7 permit . 8 Q Okay. Moving on to the next criteria, the 9 use sought by the special permit must promote the 10 effectiveness and objectives of Chapter 205, Hawaii 11 Revised Statutes . Is that correct? 12 A That ' s correct . 13 Q And you have determined that the school will 14 not adversely affect the preservation and use of the 15 county' s prime agricultural lands, and, therefore, it 16 is not contrary to the objectives sought to be 17 accomplished by the State Land Use law and regulations . 18 Is that correct? 19 A That ' s correct . 20 Q This is because the property has poor soil 21 and is not prime agricultural land. Is that right? 22 A That ' s correct . 23 Q Is the preservation of prime agricultural 24 lands the only objective of our State Land Use law that 25 you considered? SPP No. 12-000138 Page No. 002800 205 1 A Can you repeat the question? 2 Q Is the preservation of prime agricultural 3 lands the only objective of our State Land Use laws 4 that you considered? 5 A No . 6 Q Are there other objectives you could have 7 considered? 8 A We don ' t create the objectives . I mean, the 9 objectives are laid out in state statute, and the 10 counties just implement what the statutes say. We 11 don' t create those objectives . 12 Q In what document and section did you find the 13 objectives of preserving prime agricultural lands? 14 A Well, right off the top of my head, I 15 considered -- state constitution, you know, contains 15 those objectives . And without being specific to 17 chapter and verse, so does the Hawaii state plan and a 18 lot ---- and Chapter 205 of the Hawaii Revised Statutes, 19 primarily. 20 Q Okay. The applicant could have sought a 21 district boundary amendment to change the 22 classification of this property from rural to urban . 23 Is that correct? 24 MR. HONG: Objection, speculative . Also 25 calls for a legal conclusion . SPP No. 12-000138 Page No. 002801206 1 THE HEARINGS OFFICER: I 'm going to overrule 2 the objection. 3 What is your question? 4 BY MR. GOMES : 5 Q Could the applicant have sought a district 6 boundary amendment to change the classification of this 7 property from rural to urban? 8 A First of all, it is not rural, it is 9 agricultural, so that classification would have to be 10 from agricultural to urban. Yes, that is an 11 alternative . 12 Q Thank you. 13 And if the classification was changed to 14 urban, applicant would be able to build its school on 15 the property. Is that correct? 16 A That ' s correct . 17 Q Are there conditions under which the 18 requested use should be accomplished by way of a 19 district boundary amendment? 20 A I think I just answered that, that the use 21 would be permitted if the property was changed -- the 22 land use designation was changed from agricultural to 23 urban. 24 Q So if there are conditions when the applicant 25 should apply for a boundary amendment, would you not SPP No. 12-000138 Y' Page No. 00280 207 1 say that it was the objective of our land use laws to 2 preclude this special permit process when those 3 conditions exist? 4 A No. 5 Q Do you agree that the special use process 6 should not be used to circumvent district boundary 7 amendment procedures? 8 A This specific requirements and whether -- g where a special permit is applicable and a boundary 10 amendment is more applicable . 11 In this particular case, for this particular 12 application, an application for a special permit is an 13 applicable application. 14 Q So to summarize the Planning Department ' s 15 position, it ' s my understanding that although the 16 department believes the students should reside near the 17 school , the department is recommending approval of the 18 special permit despite the fact that most of the 19 students reside in Puna and elsewhere in south of Hilo. 20 Is that correct? 21 MR. HONG : Objection. It is argumentative . 22 THE HEARINGS OFFICER: Sustained. 23 MR. HONG: It is also cumulative . 24 THE HEARINGS OFFICER: Sustained. 25 BY MR. GOMES : SPP No. 12-000138 Page No. 002803 208 1 Q Why is the land poorly suited for 2 agricultural activities? 3 A We don ' t make that determination . That 4 determination is made by studies conducted by the State 5 Department of Agriculture and other agricultural 6 entities . They establish the classification for the 7 lands . 8 Q How is the school an unusual use? g A Well, it is an unusual use because it ' s not a 10 permitted use in this particular zone, both on the 11 state level and the county level . 12 Q So does it not belong in an urban area? 13 A We have schools in agricultural areas as 14 well . We have schools in urban areas . I think, as a 15 rule of thumb, it just depends on the size and scale of 16 the school . And in this particular case, based on the 17 acreage involved as compared to other -- let ' s say 18 public schools, it doesn ' t necessarily fit into that 19 category. It could fit into either category; but for 20 purposes of this application, a special permit, as I 21 said earlier, is an appropriate application for it . 22 Q Okay. And is the proposed site situated 23 within an agricultural community? 24 A Again, I said it ' s situated in an 25 agricultural zone district both on the state and county SPP No. 12-000138 Page No. 002804209 09 1 level . 2 Q On pages 6 through 7 , the department 3 concludes that the traffic impact would not be adverse 4 because the TZAR states LOS to operate at acceptable 5 levels with left turn lanes added at Edita Street . 6 Do you consider impact on other streets? 7 A In our analysis, we depend on what the 8 findings of the TIAR tells us . We also consult with 9 the Department of Public Works . If necessary, we also 1C consult with the State Department of Highways, 11 Transportation/Highways Division. Again, our office 12 is -- you know, we are not engineers, you know, so we 13 depend on the commentary of consulting agencies to 14 assist us in determining whether or not a TIAR is 15 acceptable or not . 16 Q Do you consider percentage of the impact at 17 that intersection, such as percentage increase over 100 18 percent -- 19 MR. HONG: You know, object, lack of 2C foundation. 21 THE HEARINGS OFFICER: I `m going to sustain 22 the objection. 23 You have to lay a foundation, Mr . Gomes . 24 BY MR. GOMES : 25 Q Do you believe that, regarding noise, that SPP No. 12-000138 Page No. 002805 10 1 landscaping is sufficient? 2 A That landscaping is? 3 Q Sufficient . 4 A Sufficient? 5 Landscaping is one of the mitigating measures 6 to mitigate noise . 7 Q Because when the noise -- what kind of noise 8 are you an anticipating to be mitigated? 9 A Well, I think I would ask you that . You 10 know, what are you talking about when you say "mitigate 11 noise"? 12 Q They are planning to plant Kca trees which 13 will eventually be harvested, so there ' s going to be 14 chainsaws, sawmills, cranes, logging equipment . 15 MR. HONG: It ' s highly speculative and lacks 16 foundation . Assuming -- you know, there ' s no 17 evidentiary support for those wildly speculative uses . 18 THE HEARINGS OFFICER: I 'm going to sustain 19 the objection as speculative . 20 BY MR. GOMES : 21 Q Did you consider construction noise and 22 length of construction period for 25 years? 23 MR. HONG: You know, again, I object . It 24 misstates facts in evidence . Nobody said this 25 construction is going to take 25 years . SPP No. 12-000138 Page No. 002806 11 1 THE HEARINGS OFFICER: Sustained. 2 You can rephrase the question, Mr . Gomes . 3 BY MR. GOMES: 4 Q The construction was predicted to last 16 to 5 25 years . 6 MR. HONG: That is not the evidence that has 7 been testified to by Mr . Thatcher. 8 THE HEARINGS OFFICER: I 'm going to sustain 9 the objection. 10 MR. GOMES : Okay. 11 BY MR. COMES : 12 Q Did you consider impacts to value of the 13 adjoining properties? 14 A Can you ask the question again? 15 Q Did you consider impacts to value of 16 adjoining properties? 17 A Again, that is not one of the primary 18 criteria that we use in coming up with a 19 recommendation . 20 Q How is level of impacts and quality of life 21 determined? 22 A I think it just depends what your 23 interpretation is of "quality of life. " 24 Q So they are perceptual and personal? 25 A You are asking the question, not me . SPP No. 12-000138 Page No. 002807 12 1 Q Do you consider comments of the community? 2 A Yes . 3 Q If so, are you aware of what the community is 4 saying and why? 5 A Yes . 6 Q Who can best determine an adverse impact, 7 outsiders or persons who will be impacted most, such as 8 residents? 9 A Both. 10 Q Who knows best where the shoe pinches, an 11 outsider who says, ' No, it ' s not sore ' or one who is 12 wearing the shoe and saying, ' It ' s sore ' ? 13 THE HEARINGS OFFICER: Mr. Gomes, I 'm going 14 to strike that . I 'm going to strike that question. 15 That ' s not an appropriate question. 16 MR. COMES : I apologize . 17 BY MR. GOMES : 18 Q How are you able to justify no adverse impact 19 in light of the police department ' s August 13, 2012 20 comments : The proposed school is being placed in a 21 residential area that will likely affect the quality of 22 life for residents that border this proposed site, that 23 that would be an increase in noise, crime, and traffic? 24 A There ' s going to be impacts, you know, one 25 way or another . The level of what constitutes -- what SPP No. 12-000138 Page No. 00280821 1 would constitute adverse impacts, you know, I think 2 also, in our deliberations, we consider that . We also 3 consider what the significance of that adverse impact 4 is, because there ' s different levels of this kind of 5 impact that you are talking about . 6 Q The department noted the traffic impact is 7 not adverse because of the planned left turn lane . 8 Did you consider impacts to other streets 9 along Kaumana Drive and the possible need for more 10 police personnel for traffic control? 11 A I think the record will show that for each of 12 these impacts and the level of adversity that these 13 impacts will bring, that they have then or either 14 instituted on behalf of our office or governmental 15 agencies or on behalf of the applicant various measures 16 to mitigate those impacts, and I think the record is 17 quite clear that there has been efforts to do that . 18 I would point to the revised conditions in 19 the Planning Department ' s recommendations as efforts 20 that have more precisely tried to mitigate what they 21 anticipate those adverse impacts would be. 22 Q Okay. Thank you. 23 On page 9 of the department ' s recommendation, 24 the department noted that nonagricultural uses, 25 including schools , can be allowed through special SPP No. 12-000138 Page No. 002809 14 1 permit . Is that true? 2 MR. HONG: You know, I 'm going to object . 3 There is no page . I mean, he is saying page 9, but we 4 are using the Planning Commission record pages, and 5 there ' s no reference to that, so I would ask for 5 clarification. THE HEARINGS OFFICER: Mr . Gomes, what are 8 you referring to? 9 MR. GOMES : Page 9 of the department ' s 10 recommendations . 11 THE HEARINGS OFFICER: Are you talking about 12 the revised recommendation at page 1227 of the record? 13 MS . SELF: Is this what you are referring to? 14 MR. GOMES : Yes . 15 THE HEARINGS OFFICER: What you are referring 15 tot 17 MR. GOMES : I 'm sorry, yes, page BB9 . 18 MR. HONG: I 'm sorry? 19 MR. GOMES: It ' s page 889 of the record. 20 THE WITNESS : B89 . Okay. 21 BY MR. GOMES : 22 Q The department noted that nonagricultural 23 uses, including school, can be allowed through special 24 permit . Is that true? 25 A What part of this are you referring to? SPP No. 12-000138 Page No. 002810 15 1 Q Oh, I 'm sorry. 2 Can you elaborate on what the unusual 3 conditions, trends and needs that have arisen since the 4 district boundaries were established? 5 A What was your question again? 6 Q Can you elaborate on what the unusual 7 conditions, trends, and needs that have arisen since 8 the district boundaries were established? 9 A And you are referring to page 889? 10 Q Yes . 11 A Item D? 12 Q Yes . 13 A Okay. So . . . 14 Q How would you describe the growth trend in 15 this area, more agricultural or more urban? 16 A I think I could refer you to the last 17 sentence in that paragraph which says : Although the 18 property and surrounding areas are designated for 19 agricultural uses by both state and county land use 20 laws, that the issuance of a special permit, various 21 nonagricultural services may be allowed, including 22 schools . 23 MR. GOMES : Thank you . leo further questions . 24 THE WITNESS : Thank you. 25 THE HEARINGS OFFICER: Mr . Hong, do you have SPP No. 12-000138 Page No. 002811216 1 any redirect? 2 3 REDIRECT EXAMINATION 4 BY MR. HONG: 5 Q If you could turn to page 401, please . 6 A Okay. 7 Q In terms of compliance with the factors in 8 Chapter 205 of Hawaii Revised Statutes, would what 9 appears to be a letter dated October 3rd, 2012 from the 10 Office of Planning, Department of Business, Economic 11 Development, and Tourism, would that be one of the 12 considerations the Planning Department takes into 13 consideration? 14 A Correct . We do give it fairly strong weight 15 in the recommendation . 16 MR. HONG: Thank you. Nothing further . 17 THE HEARINGS OFFICER: Mr. Kanuha, I have a 18 few questions for you. 19 20 EXAMINATION 21 BY THE HEARINGS OFFICER: 22 Q I take it you are familiar with the land use 23 designations of the property, this property? 24 A Yes . 25 Q Okay. And 50 the property is State Land Use SPP No. 12-000138 Page No. 00281 217 1 agriculture, right? 2 A Correct . 3 Q Right . Which doesn ' t specifically allow 4 schools? 5 A Correct . 6 Q But the general plan designation is, what, 7 low-density urban? 8 A General plan designation is low-density 9 urban. 10 Q And what is low-density urban? 11 A Low-density urban primarily represents 12 anticipated future low-density residential uses, 13 essentially; so those are areas that, over time, the 14 department and the county as a whole -- because the 15 general plan is a policy document -- envisioned that 16 that area will eventually become more residential than 17 agricultural . 18 Q And the zoning is agriculture, but it ' s 19 surrounded by agricultural properties, is that correct, 20 and residential properties, single-family residential? 21 A I would say more residential . More 22 residential . 23 Q Are schools allowed in single-family 24 residential districts? 25 A Yes . SPP No. 12-000138 Page No. 002813 18 1 Q Okay. Are agricultural buildings such as 2 greenhouses and other agricultural buildings allowed in 3 single-family-zoned districts? 4 A Actually, I don ' t know right offhand. 5 Q My question is there has been some discussion 6 about do you apply for a boundary amendment? And if 7 there is a boundary amendment, it would mean rezoning g the property as well? g A Correct . 10 Q And it would be rezoning if the adjoining ll property is residential, so anything other than 12 residential may not fit . Is that correct? 13 A That ' s correct . 14 Q But once the property is rezoned residential, 15 would it allow for the agricultural uses proposed by 16 the school? 17 A Yes . 18 Q You still could do that in a residential 19 district? 20 A Correct . 21 Q But you also said the special permit you 22 believe is appropriate, as Planning director? 23 A Yes . 24 Q And could you tell us why? 25 A First of all, I don' t believe there ' s any SPP No. 12-000138 Page No. 002814 19 1 predominant urban-zoned property in the surrounding 2 area . It is still primarily agricultural . The size 3 and scope of the proposal and the time frame for 4 development we feel still falls within the criteria 5 where a special permit, you know, could be entertained. 6 THE HEARINGS OFFICER: Okay. Thank you . I 7 don ' t have any other questions . 8 Mr. Hong, do you have any other questions g based on what I have just asked? 10 MR. HONG : Well, yes . 11 12 FURTHER REDIRECT EXAMINATION 13 BY MR. HONG : 14 Q Actually, in terms of the process, does the 15 size of the property have any bearing on what the 16 process will be to approve that particular land use? 17 A That ' s a good question, I mean, but I think 18 in terms of past special permits that we have approved 19 for facilities like this, at this size, and to be 20 developed over the time frame that you are talking 21 about, we still -- I still feel that it falls within 22 the category where a special permit could be applied 23 for. 24 Q And then were you involved with the 25 development of Kamehameha Schools out in Kea ' au? SPP No. 12-000138 Page No. 002815220 1 A No, I wasn ' t . 2 Q Or are you aware that Kamehameha Schools, 3 two-thirds, or even greater, three-fourths, of the 4 campus sits actually on agriculturally zoned area? 5 A I 'm not aware of that . 6 MR. HONG: Okay. Thank you . 7 THE HEARINGS OFFICER: Mr . Siu, any further g questions? g MR. SIU: I have nothing further. 1Q THE HEARINGS OFFICER: Ms . Self? 11 MS . SELF: No questions . 12 THE HEARINGS OFFICER: Mr . Gomes, anything 13 more? 14 MR. GOMES : I have one more, please . 15 16 FURTHER RECROSS EXAMINATION 17 BY MR. GOMES : 18 Q Will not be contrary to general plan and 19 other pertinent documents . The public facilities ' 20 element goal : Encourage the provision of public 21 facility that effectively service the community and 22 visitor needs and seek ways of improving public service 23 through better and more functional facilities, in 24 keeping with the environmental and aesthetic concerns 25 of the community. SPP No. 12-000938 N .. Page No. 002816221 1 Does the request meet this criteria, knowing 2 the community' s concerns? 3 A Well, the thing about general plan, the 4 general plan goals, policies, and objectives require 5 just that . They don ' t specifically say, "This is what 6 you comply with, this is what you don' t comply with. " 7 As a policy document, what you' ll find is 8 that there ' s a lot of competing policies in the plan 9 itself; so it doesn ' t tell you exactly what you do. 10 What it does is it gives you parameters under which you 11 base your recommendation, you know, on a case-by-case 12 basis, on a rezoning basis or on a special purpose 13 basis . 14 So to pick one objective or one statement 15 from the general plan and use that as the sole 16 determination criteria would actually be erroneous, 17 because there ' s -- you know, I have worked with this 18 document for almost 40 years . There ' s other elements 19 within there that will direct you the complete opposite 20 way. 21 So, you know, that ' s what planning is all 22 about . The document doesn ' t tell you exactly what to 23 do. You need to weigh off each of these elements and 24 make a decision based on that . 25 THE HEARINGS OFFICER: Mr. Gomes, are you SPP No. 12-000138 t Page No. 002817222 1 done? 2 MR. GOMES : Two more questions, please . 3 BY MR. GOMES : 4 4 Land use plans ' element policy: Encourage 5 the development and maintenance of communities, meeting 6 the needs of its residents in balance with the physical 7 and social environments . 8 Knowing that if there is strong opposition 9 from the community most directly impacted by this 10 project, can you elaborate on how the project would 11 fulfill this policy? 12 A You know, again, the recommendation of the 13 decision-making process doesn ' t rely on one policy that 14 overrides, you know, everything else . In this 15 particular case, that policy is one that may apply to 16 it . 17 On a case-by-case basis and in this 18 particular case, you know, we believe that the 19 recommendation put forth contains enough mitigation 20 efforts and is also consistent with other policies that 21 would in turn support what the applicant is trying to 22 do right here . 23 4 And do you know who is responsible to enforce 24 violations of the environmental assessment? 25 THE HEARINGS OFFICER: Mr. Gomes, I am going SPP No. 12-000138 Page No. 002818 223 1 to stop you . That goes way beyond anything I asked or 2 any testimony so far. 3 Now, do you have any other questions that 4 relate to my questions or Mr. Hong ' s -- 5 MR. GOMES : Oh, no . 6 THE HEARINGS OFFICER: --- redirect . 7 MR. GOMES : Thank you. g THE HEARINGS OFFICER: Mr . Kanuha, thank you 9 very much , You are excused. 10 THE WITNESS : Thank you. 11 MR. HONG: Thank you. 12 Our next witness is David Miranda, and we are 13 going to be referring to A-17 . 14 THE HEARINGS OFFICER: Do you want to raise 15 your right hand so I can swear you in? 16 17 DAVID MIRANDA, 18 having been first duly sworn to tell the truth, the 19 whole truth and nothing but the truth, was examined and 20 testified as follows : 21 THE HEARINGS OFFICER: Thank you. 22 Can you state your full name and provide us 23 with your address . 24 THE WITNESS : My name is David Miranda . My 25 residence is at 11-3719 Ala Ohia Street in Volcano. SPP No, 12-000138 Page No. 002819 224 1 Been there for 23 years . 2 THE HEARINGS OFFICER: Mr. Hong, do you want 3 to proceed? 4 MR. HONG: Thank you . 5 6 DIRECT EXAMINATION 7 BY MR. HONG: 8 Q Let me show you what has been entered into 9 evidence as Exhibit -- you ' ve got to use your 10 microphone -- A-17 . Do you see that? Il A Yes . 12 Q And is that a current copy of your CV? 13 A Yes, it is . 14 Q Could you highlight for us your educational 15 and professional experience, please . 16 A I 'm a graduate in horticulture . I have a 17 Bachelor of Science in horticulture technology from the 18 University of Hawaii at Manoa . I did that in 1978 . 19 I have got a strong second major in botany. 20 I did not complete that course in botany. I was about 21 six credits shy. My career in horticulture called me 22 first, so that ' s where I went . 23 Professional expertise, I have been in the 24 nursery business for just about 40 years now. I 25 studied and apprenticed in horticulture . I 'm a plant SPP No. 12-000138 " Page No. 00282225 2 5 a 1 propagator/breeder . I have my own side business, and I 2 do horticultural and botanical consultation for farms 3 and other enterprises . 4 I don ' t know if that ' s a sufficient answer . 5 Q Yes . 6 And you are with a company Ecos Incorporated? 7 A Ecos Incorporated. 8 Q Thank you. g And tell me what you do for that company. 10 A I work for Ecos Incorporated, and I am a 11 botanical consultant . I do botanical field surveys 12 with that company on all the various islands : A lot of 13 work on this island, Maui, Kauai, Lanai . Those are the 14 primary islands . 15 I go into the field, and we look at land 16 parcels; we determine what kind of plant material is 17 there, what other biological resources are present; we 18 ascertain whether there are endangered species there or 19 not or whether the habitat is suitable for sustaining 20 those kind of species . 21 So I basically go around identifying plants . 22 Q And what about animal life or other 23 biological life? 24 A As part of what I do, we are always looking 25 at the animal, the fauna . We look at birds . We look SPP No. 12-000138 Page No. 002821226 1 at -- any kind of animal that we see there we take note 2 of, because they often impact the vegetation that is 3 extant on the property. 4 Q And you ---- I 'm sorry, go ahead. 5 A I don ' t do insects . 6 Q Okay. Excuse me. 7 You have participated in the EA and EIS 8 process as a consultant? 9 A Yes, I have . 10 Q How many times? 11 A More times than I really could count . I have 12 been involved in maybe 15, 20 projects over the years 13 with Ecos, of all sorts, of all kinds of projects where 14 assessments needed to be made . 15 Q And you are familiar with the Connections 16 project? 17 A Yes, I am. 18 Q When did you first become involved in that? 19 A I actually worked part-time for Connections . 20 I had a child going to school there . I started working 21 part-time with Connections back in March of 2011, I 22 believe it was . And that ran through the later end -- 23 later part of 2012 . 24 And what I did for Connections was go on to 25 the two Kaumana parcels, the makai and the mauka -- SPP No. 12-000138 Page No. 002822 227 1 there, you have it up there --- and I was asked to 2 explore those parcels, determine what sort of 3 biological resources were there, describe them, make 4 plant lists of that property, and to delineate those 5 areas where there were concentrations of native 6 vegetation, because the school intended to preserve 7 those particular areas, because they turned out to be 8 rather pure stand. The school wanted to conserve it 9 and use it for education/conservation purposes to teach 10 the children these kind of skills . And that ' s exactly ll what I did. 12 On those two parcels there, especially the 13 makai, you know, the one that is more triangular, the 14 upside one, that is the makai parcel, the lower parcel . 15 I placed transects pretty much parallel to each other 16 from the top all the way to the bottom boundary. I did 17 the same on the upper parcel as well . I have a total 18 of about ten transects on those parcels, flagged and 19 marked with GPS . 20 I made very thorough listings of the plant 21 material that I found on those transects . Ultimately, 22 I was able to get enough transects in there that my 23 coverage was extremely thorough . In some places, you 24 can stand on one transect and see the flags of another 25 transect 100 feet away. SPP No. 12-000138 Page No. 002823 28 1 I think I could tell you pretty much 2 everything that is on that property. 3 Q Well, could you tell us what you observed 4 about the flora on the property? 5 A Both properties -- well, I will take the 6 lower property first, which is the uppermost one in 7 your picture there . It is primarily composed of exotic 8 vegetation, a very limited number of native species on 9 there . 10 I counted a total of about 15 native species 11 between the two properties . Of those 15 native 12 species, only four are endemic. The other 11 are 13 indigenous . If you are not familiar with the term, 14 "endemic" means it is exclusive to the Hawaiian Islands 15 or even to the Big Island. If it is indigenous, it 16 also is native to Hawaii, naturally occurs here, but it 17 also occurs elsewhere in the world. 18 On these parcels here, the endemic species 19 are primarily Ohia, which is the dominant one . There 20 is very, very little Kea at all . The Kea is almost 21 exclusively on your lower parcel there, the one closer 22 to Kaumana Cave . There was one hapu ' u, which has since 23 been eaten by a pig, so it no longer exists on the 24 property. And other endemic is a plant in the mango 25 family. It ' s called Roos san machenses (phonetic) , and rr_ SPP No. 12-000138 Page No. 002824 229 1 that is an endemic, and it is prevalent on the 2 property. None of them are endangered. 3 The bulk of what is growing there on both of 4 those parcels are what we call exotics . Another way, 5 they are weeds . 6 4 Okay. What, if anything, did you observe 7 about the fauna? 8 A I have seen -- in terms of fauna, I have seen 9 pigs, rat, mongoose, dog, cat, chickens, no humans . 10 Occasionally, the place is overflown by hawks . I have 11 never seen hawks nesting on either of the parcels . It 12 doesn ' t mean that they don ' t, but I have never observed 13 that, and I have never observed hawks roosting in any 14 of the trees . And beyond that, in terms of fauna, 15 that ' s it . 16 4 There was a suggestion that there ' s Hawaiian 17 hoary bats in the area? 18 A The bats are you ubiquitous here in the Hilo 19 area . They are everywhere . They may not be common, 20 but they are all over the place . I have never seen the 21 hoary bat on either of those parcels . To tell you the 22 truth, most of the vegetation on either of the parcels 23 is not really the best kind of a roosting habitat for 24 the hoary bat . 25 4 Why do you say that? SPP No. 12-000138 Page No. 002825 230 1 A The Hawaiian hoary bat, it is a solitary 2 animal . It is a tree-roosting bat . It doesn ' t go and 3 live in lava tubes . It needs a tree. It needs a place 4 to roost . They like to have trees that are maybe 15, 5 20 foot, at least, in height, and they like to have a 6 canopy where the animal can get up into it and roost . 7 They roost by hanging upside-down. Okay? What is 8 critical for their habitat is when they leave their 9 roost, what the bat does is release, it does a 10 free-fall , it flips over, and it takes off. So if the 11 vegetation is too tangled, it is not appropriate 12 habitat for a bat . 13 There are very few trees sufficient to meet 14 the needs of a bat . More likely, the surrounding yard, 15 because they are very adaptable . You could find bats 16 in your avocado tree, an orange tree, a mango tree, any 17 kind of a tree . It doesn ' t need to be a native tree, 18 but it needs to have height, and it needs to have a 19 fairly open structure in that canopy in order for the 20 animal to navigate out . 21 Q Okay. In terms of Connections, are you 22 helping them or assisting them in developing their 23 forestry and conservation program? 24 A I have been, yeah. I had put together a 25 concept plan for them with suggestions from the SPP No. 12-000138 ,r ol Page No. 002826 31 1 horticultural perspective, which is what I do quite 2 often. And I submitted that, yes . 3 Q Based on your training and experience, in 4 terms of the property in Kaumana where Connections 5 would like to put its school , would you consider that 6 to be suitable for a forestry and conservation program? 7 A I think that it is . And the reason I believe 8 that is -- and, you know, having talked with g Mr. Thatcher about what was intended, there are a lot 10 of exotic trees on the property. The biggest of them 11 really are the strawberry guava, which, believe it or 12 not, I ' ve found many, many trees in there six-, 13 eight-inch-diameter trees, strawberry guava. Usually 14 you don ' t see strawberry guava do that; so those trees 15 have been there a very, very long time. As a resource, 16 that could be utilized for the various projects the 17 school had, the makery projects and so on. The same 18 with the Ohia . 19 The site can support the planting-out of 20 various kinds of trees, with the intention of 21 eventually using them in some manner; but, really, from 22 the school ' s -- as I understand their intention, the 23 forestry program would be one of teaching the kids -- 24 and they are not kids, they are young adults -- teach 25 these young adults how to grow, how to collect seed SPP No. 12-000138 Page No. 002827 32 1 material, propagate material, how to handling it, how 2 to grow it, you know, which means having a greenhouse 3 of some sort; so these kids would learn a technical 4 skill which then could go on. And they could grow 5 anything they wanted, whether it ' s lettuce or trees . 6 There ' s the idea there . 7 The place is eminently suitable for it 8 because many of the areas that are totally taken over 9 by uluhe and other kinds of weedy species, as they go 10 about slowly getting these things under control or out 11 of the way, that opens up all kinds of areas for 12 forestation projects to occur. 13 Q Now, you are aware of an incident where some 14 of the Ohia and other vegetation was bulldozed by the 15 fence installers? 16 A Yes . 17 Q And you were helping Connections in 18 developing and submitting a reforestation plan to the 19 Department of Land and Natural Resources for their 20 review and approval? 21 A That ' s correct . 22 Q And describe the plan that you assisted 23 Connections with. 24 A I described the damage that I saw -- that I 25 found when I was asked to go and take a look. I SPP No. 12-000138 Page No. 002828 233 1 described the damage and assessed it . I found that, 2 based on what I saw, serious action needed to be taken, 3 because the activity resulted in invasive species 4 already coming in. 5 My suggestion was -- I provided them with a 6 listing of what kind of things they could replant in 7 there and using the vegetation already on the site . 8 And so that would be primarily the Ohia, but it could 9 also extend to the Koa . And they could plant anything 10 else, really. 11 And I suggested how they would go -- how they 12 might go about it; and rather than just blanket 13 planting, like you saw with the eucalyptus out Hamakua 14 side, I suggested that they focus on establishing 15 smaller islands of vegetation that the students would 16 actually put in, maintain, monitor, and they could 17 monitor the science and biology projects for long--term, 18 to monitor the regrowth and the reforestation on these 19 areas that were damaged. And that ' s pretty much what I 20 suggested to them. 21 4 And, to your knowledge, has Connections been 22 complying with that reforestation plan? 23 A To tell you truth, I know they accepted the 24 plan. 25 Q That would be the Department of Land and SPP No. 12-000138 Page No. 002829 234 1 Natural Resources? 2 A Yes, DLNR. But I don ' t know what has gone on 3 since then, because after this fiasco with the fencing, 4 the school personnel, myself, we were not allowed to go 5 on the property; and so I have not been back on the 6 property since about August 28th to see what may have 7 since been done, so I can ' t really answer to that 8 question . 9 Q Okay. Before coming to testify this 10 afternoon, did you see a video that was entered into 11 evidence earlier by Mr. Gomes regarding what is alleged 12 to be a bat in the area? 13 A Yes, I did see that . 14 Q And based on your training and experience, 15 are you familiar with the appearance and habits and 16 flight patterns of the Hawaii hoary bat? 17 A Yeah. 18 Q And in terms of what you saw in that video -- 19 well, what was your opinion of what you saw in the 20 video? Is that a bat? 21 A My opinion is that was not a bat . That was a 22 bird. That was a bird. 23 Q Why is that? 24 A And I say that because of a number of things : 25 First, the size of the object in that video, which was SPP No. 12-000138 * Page No. 002830 3 1 not a very good video . The animal is too large . Its 2 flight is too symmetrical . Its wing beat is just too 3 strong. And bats do not fly like that . Bats fly very, 4 very fast . They are high-speed flyers . They don ' t 5 have slow-mode. They are very erratic in how they fly, 6 because that is the way they catch the insects that 7 they eat . Bats do not have a set of tail feathers like g birds do. They have got a little basket on the back g end there that they catch the insects in. And so as 10 they are busy flying around, this darting and erratic 11 motion that you see is actually a lot of -- the bat is 12 chasing an insect down. It catches it in its little 13 basket, it does a flip over, snatches the insect out of 14 there, and is right back to flying, all like that . A 15 bat cannot fly slow, as you saw in that video, or as I 16 saw in that video. What I saw is not characteristic of 17 bat behavior, of bat--flying patterns . 18 MR. HONG: Okay. Thank you, Mr. Miranda . No 19 further questions . 20 THE HEARINGS OFFICER: Mr . Siu, any 21 questions? 22 MR. SIU : I have none . 23 THE HEARINGS OFFICER: Ms . Self? 24 MS . SELF: No questions . 25 THE HEARINGS OFFICER: Mr. Gomes? SPP No. 12-000138 Page No. 002831236 1 CROSS EXAMINATION 2 BY MR. COMES : 3 Q Hey. 4 A Hi, sir . 5 Q When were you first introduced to the 6 property? 7 A According to my field notebooks, my first 8 foray that property was in March of 2011, of 2011 . 9 Q So you were on the property, doing work on 10 the property, before it got bulldozed? 11 A Yes . 12 MR. GOMES : Thank you . No further questions . 13 THE HEARINGS OFFICER: No redirect? 14 MR. HONG: No . 15 THE HEARINGS OFFICER: Thank you very much . 16 You are excused. 17 MR. HONG: Thank you . 18 THE HEARINGS OFFICER: Mr . Hong, do you have 19 any other witnesses today? 20 MR. HONG: We have another witness, Celia 21 Shen. And I don ' t know if you want to take a break now 22 or later . And I will tell you that in terms of her 23 testimony, it ' s going to be about an hour, maybe even a 24 little bit more . She is going to be lengthy. 25 Do you want to take a break now? SPP No. 12-000138 Page No. 002832 237 1 THE HEARINGS OFFICER: Yeah, we are going to 2 have to take a five-minute break. 3 MR. HONG: All right . 4 THE HEARINGS OFFICER: We will take a 5 five-minute break. 6 (Recess ensued from 3 : 55 p.m. to 4 : 03 p.m. ) 7 THE HEARINGS OFFICER: Are we ready? 8 MR. HONG: Yes, thank you. 9 THE HEARINGS OFFICER: During the recess, I 10 learned that because this is a state facility, we have 11 to leave by 4 : 30 . If not, we have to get special 12 dispensation from DAG. 13 So Mr. Hong has agreed to begin his testimony 14 with his witness . We will end at 4 : 30, and if 15 everybody agrees, we can start at 8 : 30 tomorrow morning 16 instead of 9 : 00 . 17 Mr. Gomes, is that okay? 18 MR. COMES : That ' s fine with me . 19 THE HEARINGS OFFICER: Ms . Self? 20 MS. SELF: That ' s fine. 21 THE HEARINGS OFFICER: Mr. Siu? 22 MR. SIU : Yes . 23 THE HEARINGS OFFICER: You ' re staying 24 overnight? 25 MR . SIU: Yeah. SPP No. 12-000138 Page No. 002833 3 B 1 THE HEARINGS OFFICER: Mr. Hong, you agree? 2 MR. HONG: Yes . 3 THE HEARINGS OFFICER: First let ' s swear in 4 the witness . 5 Raise your right hand. 6 7 CELIA SHEN, 8 having been first duly sworn to tell the truth, the g whole truth and nothing but the truth, was examined and 10 testified as follows : 11 THE HEARINGS OFFICER: Thank you. 12 Can you state your full name and provide us 13 with your address . 14 THE WITNESS : My name is Celia Shen. 15 My home address? 16 THE HEARINGS OFFICER: Home or business 17 address. 18 THE WITNESS : Business address is 1018 Palm 19 Drive in Honolulu . 20 THE HEARINGS OFFICER: Proceed, Mr. Hong . 21 MR. HONG: Thank you . 22 23 DIRECT EXAMINATION 24 BY MR. HONG: 25 4 We are going to start with Exhibit A-11 . SPP No. 12-000138 ° Page No. 002834 239 1 Let me show you what has been marked for 2 identification as Exhibit A-11 . Do you recognize that 3 document? 4 A Yes . 5 Q Is that a fair and accurate copy of your 6 current curriculum vitae? 7 A Yes . 8 Q If you could highlight your educational 9 experience and highlight your professional experience 10 for us, please . 11 A Okay. I have a Bachelor ' s degree in 12 architecture, a graduate certificate in historic 13 preservation, and a Master ' s degree in urban and 14 regional planning. 15 My professional experience, I spent -- after 16 I got my Bachelor ' s degree, I spent three and a half 17 years working for A & B Properties as a land-planning 18 analyst, working on development projects for the 19 company. 20 I have also spent time as an independent 21 contractor, working on historic preservation projects, 22 primarily preparing nominations for the State Register 23 of Historic Places . And then, for the past nine years, 24 I have been with WCP as a planner. 25 Q And what do you do as a planner? SPP No. 12-000138 Page No. 002835 240 1 A I work on a variety of projects, ranging from 2 physical planning, doing master planning, conceptual 3 planning, site plans, as well as facility studies, 4 doing space studies . I also do environmental review of 5 projects, so that ' s EAs, EISs, for state agencies, 6 private clients, and federal agencies . -7 Q In terms of EAs or EISs, how many have you 8 done as a planner? 9 A Since I have been with WCP, I have probably 10 done about, I would say, maybe 16, 17 of them. 11 Q Okay. And you are familiar with the scope of 12 work with respect to the Connections project? 13 A Yes . 14 Q And could you highlight some of the projects 15 in your career that you have done similar to the scope 16 of work for Connections? 1'7 A You know, I have worked on a few school 18 projects, some things for St . Louis School, for St . 19 Francis School . Those primarily involve doing some 20 space planning and permitting for those schools . 21 As far as conceptual- or master-planning type 22 projects, probably the most similar project I have 23 worked on is the long-range development plan for the UH 24 in West Hawaii . I believe it ' s now called Hawaii 25 Community College at Malama Nui . SPP No. 12-000138 Page No. 00283 2 91 1 Q And in terms of Connections, when did you 2 first become involved with that particular project? 3 A We first got involved with Connections -- I 4 believe it was in the spring of 2008 . Mr . John 5 Thatcher came to us . He was in the process of 6 acquiring a lease with DLNR, so he already had a 7 property that he was in discussions with DLNR, to try 8 to get a lease . And in order to finalize that lease, 9 the school needed to come up with a campus plan and to 10 do an environmental assessment of that plan. 11 Q And could you describe for us the scope of 12 that work? 13 A Sure . 14 In order to develop the campus plan, we had 15 to do some space planning first for the school . So, 16 basically, that ' s getting an idea of their academic 17 program and transfer those -- the academic program into 18 space needs, and developing approximate square 19 footages, space types, and coming out with what they 20 call a space program. And based on the space program, 21 you know, we developed the conceptual building 22 footprints and a site plan for the property. 23 And so, now, based on the conceptual campus 24 plan that we derive, we then move on to the 25 environmental assessment process ; so, you know, SPP No, 12-000138 Page No. 002837 242 1 analyzing the potential environmental impacts of 2 developing that campus plan . 3 Q All right . I would like to refer to the 4 Planning Commission record page 56 through page 328 , 5 please . 6 From page 56 on to page 320 is the final 7 environmental assessment that you prepared? 8 A Yes . That ' s correct . 9 Q In terms of the final EA, did you provide 10 that to community members? 11 A No. 12 Q Did somebody ask you to send them a copy of 13 the final EA, like Mr. Gomes? 14 A No. 15 Q Did you e-mail it to anybody? 16 A No. 17 We submitted the final EA to the required 18 agencies, which is essentially the approving agency, 19 which is DLNR, and the applicant . 20 Q All right . And what is the process in terms 21 of seeking community input regarding the EA? 22 A So the process is you develop a draft EA, and 23 in developing a draft EA, we engage in what you call 24 early consultation . So there ' s a list of agencies and 25 organizations with the OEQC, the Office of SPP No. 12-000138 a Page No. 002838 9 3 1 Environmental Quality Control . These are sort of 2 typical agencies that they recommend you consult with . 3 So, you know, we send letters to these agencies, and if q you get a response back, that kind of helps you develop 5 a scope of analysis of what issues you need to address 6 in the EA. 7 And so from there, you develop a draft EA. 8 The draft EA is then published by the Office of 9 Environmental Quality Control . And so they post in 10 their bimonthly -- bimonthly notice the list of 11 available EAs, and then it ' s also available for 12 download on their website. 13 So in addition to that, we also distribute 14 the EAs to certain agencies, state/county agencies, 15 federal agencies, as well as community organizations 16 that have made known that they would like to be 17 involved in consultation, as well as we do send it to 18 individuals who do request it . 19 Q And in this case, did anybody request a draft 20 EA? 21 A Yes . It was not requested of me directly. 22 What had occurred was when we released the draft EA, we 23 also sent a copy of the draft EA to the Hawaii Tribune 29 Herald. They published a news article about the 25 project and information about where people could SPP No. 12-000138 Page No. 002839 4 4 1 acquire the draft EA as well as the comment period and 2 where to send comments . 3 So subsequent to that, I had received a call 4 from someone at DLNR, who is the approving agency for 5 this EA. She was relaying to me that someone had 6 called her and was requesting information about the 7 project, and they were concerned that the state was 8 going to take some of their property for the school . 9 And so she had further explained that -- she explained 10 the situation to this person and asked if I could send 11 this person a copy of the draft EA, which I did. 12 Q And who was that person? 13 A That was Mr. Gomes . 14 Q Jeff Gomes? 15 A Yes . 16 Q Okay. So the draft EA was sent to him. Was 17 that still within the comment period? 18 A Yes . 19 So my e-mail to him -- I e-mailed him a PDF 20 copy of the draft EA as well as explained when the 21 comment period was and where he should send comments 22 to. 23 Q Okay. And do you recall him sending any 24 comments or anybody from the community sending comments 25 regarding the draft EA? SPP No. 12-000138 Page No. 002840 245 1 A No . 2 4 And then in terms of the final EA, that was 3 prepared and submitted. Is that right? 4 A Yes . There was actually a second -- a 5 revised draft EA issued. When we had issued the first 6 draft EA, we got several comments from researchers and 7 speleologists about the Kaumana Cave which underlies 8 the top parcel of the property. So Mr. Thatcher had 9 talked to Dr. Fred Stone, who was one of the 10 letter-writers and commenters, and --- you know, to 11 engage and understand what their concerns were, what 12 they would like, you know, how to address those 13 concerns . 14 So in responding to their comments and their 15 concerns, we actually went back to the drawing board, 16 and we redesigned the campus and consolidated 17 everything onto that bottom parcel . 18 And we made a decision to --- instead of going 19 to the final EA, we decided, because there was such a 20 difference in the project, that we actually re-issue a 21 second draft EA, which was called a revised draft EA. 22 So it actually went out for a second 30-day public 23 comment period. And then from there, this was the end 24 result was the final EA in October of 2010 . 25 4 Okay. So why don' t you give us a overview of SPP No. 12-000138 Page No. 002841 2 02841246 1 the project, where we are now. 2 A Okay. Subsequent to completion of the draft 3 EA, the school was in the process of finalizing the 4 lease with DLNR. There was some work that needed to be 5 done in order to finalize that, including getting the 6 boundary survey. 5o in the interim period, you know, 7 we started, you know, putting together the application 8 for the special permit and were waiting for, you know, 9 the finalization of the lease . 10 So at this point, last year, we submitted the 11 special permit application, we went through the 12 Planning Commission hearings, which ultimately ended up 13 as this contested case hearing . 14 Q All right . Could you describe the current 15 project parameters? 16 A Sure . In what sense is that? 17 Q Well, this is a phased project, right? 18 A Yes . 19 Q All right . And let me put up a different 20 diagram. 21 Do you recognize that particular diagram? 22 A Yes . 23 Q And what is that? 24 A That is the lower parcel of the property, and 25 that is the conceptual campus plan. SPP No. 12-000138 Page No. 00284 2 47 1 Q And who drafted that? 2 A Our office did. 3 Q Okay. In terms of the phases, what is your 4 understanding of where the first phase is going to go, 5 or what would be involved in the first phase? 6 A The first phase is, you know, to get some of 7 the agriculture uses up on the property. 8 The second, after that, was the -- the second 9 priority is getting the high school -- moving the high 10 school from Nani Mau Gardens onto the property as well 11 as building the administration building, along with the 12 high school . 13 The next phase after that would be the 14 intermediate school and the library resource center. 15 After that would be the elementary program, 16 the elementary school, and then the -- I believe it ' s 17 the dining facility. 18 And then the last phase would be the 19 multi-purpose gymnasium, dormitory facilities . 20 Q Okay. When you look at this particular 21 diagram, this conceptual plan, when was that made, 22 approximately, to the best of your recollection? 23 A Around about the summer of 2010 . About, 24 yeah, spring or summer 2010, prior to issuance of 25 the . . . SPP No. 12-000138 Page No. 0028432 9 B 1 Q Since that time, there were other community 2 meetings that you attended, listening to some of the 3 concerns of the community, right? 4 A Yes . There was a community -- I mean, there 5 was a community meeting in 2009, which was actually 6 prior to the initial draft EA. Q Well, I 'm saying that after this diagram came 8 up -- 9 A Oh, after this? 10 Q -- there were other community meetings, 11 right? 12 A Yes . 13 Q And as a result, my understanding is that in 14 terms of the actual -- well, or the next stage of the 15 evolution of this conceptual plan is the idea is to 16 actually move the campus further down? Is that 1-/ correct? 18 A That was one of the issues that was raised at 19 one of community meetings . Some of the residents 20 particularly on Edita Street and, in particular, I 21 recall the resident actually in that first house 22 adjacent to the makai parcel, they asked if it was 23 possible -- if the campus could actually be moved 24 further into the property just so that it would be a 25 little bit farther away from their house . And we -- I SPP No. 12-000138 4 d Page No, 002844 249 1 responded that it is possible, particularly if 2 secondary access could be gained, you know, somewhere 3 lower on the parcel . 4 Q Okay. Traffic and water were the primary 5 issues raised by the community in terms of this 6 project . Would you agree? 7 A I would agree that they were raised as 8 primary issues . I don ' t necessarily agree that they 9 actually are issues . We had a traffic study done as 10 part of the environmental assessment, the TIAR, which 11 is a traffic impact analysis report . The conclusions 12 of that report indicated that even with build-out of 13 the campus, the level of service along Edita Street and 14 Kaumana Drive in the area of the project would remain 15 at either A or B. 16 Q And what does that mean? 11 A It ' s a measurement of -- the LOS is a level 1B of service measurement, and it ranges from A through E, 19 with A being the highest level of service and E the 20 lowest. I can ' t get into specifics about what exactly 21 goes into how they develop those rankings, but the 22 conclusion was that even with the project, the levels 23 of service would still be at an acceptable level . 24 Q And you got that through Phillip Rowell ' s 25 traffic impact analysis report? SPP No. 12-000138 Page No. 002845250 1 A Yes . 2 MR. HONG: I just note for the record that 3 the TIAR appears in the record at 289 through 306 . 4 BY MR. HONG : 5 Q Where are we, and what are the next steps in 6 terms of planning and engineering with respect to this 7 project? 8 A The next step in terms of planning and design 9 is to take it to the next level, a more detailed plan. 10 Right now, this is basically a conceptual plan, and 11 there are some issues with water that need to be 12 addressed. And that pertains to how the Department of 13 Water Supply -- the allocated water from DWS is going 14 to be used for this project, in conjunction with other 15 things that are being planned by the school as far as 16 developing a wastewater system that generates recycled 17 water, where that can be used, where catchment water 18 could be used. 19 So all of this kind of needs to be looked at 20 comprehensively, and that is kind of the next step of a 21 detailed infrastructure planning that needs to take 22 place is getting on board all of these engineers that 23 specialize in these different things, generating some 24 estimated numbers, and really looking at the 25 feasibility of the different options that are available SPP No, 12-000138 Page No, 002846 51 1 to the school as far as how water can be supplied and 2 can supplement the DWS allocation. 3 Q Well, in terms of the DWS allocation, has the 4 Department of Water Supply, in discussions with you, 5 ever expressed any objection to the project as 6 proposed? 7 A No , 8 Q And based on your experience, is this project 9 and the amount of engineering detail being required 10 typical or the norm? 11 A Not in my experience, not at this level of 12 planning that we are currently engaged in. 13 Q Why not? 14 A Because this is really kind of at a land use 15 level . For example, like the numbers that the 16 Department of Water Supply is requesting, the estimated 17 gallons per day and the maximum flow rate in gallons 18 per minute, those things need to be determined, you 19 know, after the certain fixtures -- what kind of 20 fixtures are going to be used in the building, how many 21 fixtures . And that usually comes as part of the design 22 phase. And I believe earlier today, a mechanical 23 engineer who we have been working with on this project 24 spoke, and in my experience, that is very unusual . I 25 very rarely work with mechanical engineers . As a SPP No, 12-000138 Page No. 002847 52 1 planner, we typically don' t engage mechanical engineers 2 in our project, because that is really getting into a 3 more detailed level of planning and design. 4 Q Okay. In terms of your experience, is it 5 typical that the kinds of conceptual plans that are 6 submitted at this stage in the planning process -- do 7 they match up with how the project will ultimately S look? 9 A No . Like I said, in subsequent phases , 10 addition alternative studies and work is done . So, 11 typically, you will get a detailed topographic study, a 12 survey -- I 'm sorry -- you will get geotechnical 13 studies as well as any other studies that -- you know, 14 depending on what the property may be undertaking . And 15 when that information comes in, you know, it may force 16 you to kind of have to re-look at your conceptual plan. 17 So, for example, if your topographic survey 18 shows maybe you have got these natural depressions in 19 your property that might be ideal for a stormwater 20 detention basin, you know, you may need to relocate 21 certain elements of your plan so that you can best take 22 advantage of the natural contours of the site, as well 23 as, you know, like a geotechnical study. 24 And we do test-pourings and find that, well, 25 where you have drawn this building here, that is not SPP No, 12-000138 Page No. 002848 53 1 really an ideal place to, you know, put a building . It 2 doesn ' t make for a good foundation type . You know, you 3 may need to move it so many feet this way or that way. 4 So as you move along in the planning and design stage, 5 you require more information. 6 It typically does really require that you, -7 you know, go back and look at the conceptual plan. And 8 it is a reiterative process, you know, where you start 9 with this, get more information, you go back, you 10 reevaluate, and you make changes as necessary. 11 Q So for somebody to come and say, "That ' s the 12 campus, " "That ' s the plan, " "That ' s how it ' s going to 13 look like, " and "That ' s how it ' s positioned, " would 14 that be a correct statement or incorrect statement? 15 A That would be an incorrect statement . 16 Q Because of what you said about the difference 1-7 between a conceptual plan and the actual building? 18 A Yes . 19 And, you know, I been on several projects . I 20 mean, for example, the UH West Hawaii that I mentioned 21 earlier, our firm has actually been involved in that 22 project for over the last two decades . The original 23 location of that project within the larger 500-acre 24 parcel that the university has, we did the original 25 long-range development plan. And, again, that ' s kind SPP No. 12-000138 Page Na. 00284 254 1 of a planning function, a planning effort . And 2 subsequent to that, it goes into the hands of the 3 architects that do more of the refined site planning 4 and developing the architectural themes . 5 And when I look at that, it actually looked 6 quite different than what we had portrayed in the 7 long-range development plan. And, ultimately, it ' s 8 even farther changed now. They actually moved it 9 somewhere else within that 500-acre parcel . 10 So, you know, it ' s not unusual for projects 11 to evolve and change . That ' s just the nature of 12 development . 13 MR. HONG: All right . Madam Hearings 14 Officer, maybe this is a good time to take a recess? 15 THE HEARINGS OFFICER: I would agree . 16 We are going to recess this hearing until 17 tomorrow morning . We will start tomorrow at 8 : 30 . 18 Thank you for spending the night so you can 19 finish your defendant tomorrow. 20 MR. HONG: Thank you. 21 (The hearing is adjourned at 4 : 28 p.m. ) 22 23 24 25 SPP No. 12-000138 u" Page No. 002850 55 1 STATE OF HAWAII 7 2 ) ss . 3 COUNTY OF HAWAII 4 5 I , TERI SERAH HOSKINS, a certified court { reporter in the State of Hawaii, do hereby certify that 7 the foregoing pages are a true and correct 8 transcription of the proceedings in the above matter. 9 10 Dated this 31st day of October, 2013 . 11 12 13 14 15 15 Teri Serah Hoskins, CSR No. 452 17 18 19 20 21 22 23 24 25 IN THE CIRCUIT COURT OF THE THIRD CIRCUIT STATE OF HAWAII COMMUNITY BASED EDUCATION ) CIVIL NO. 14-1-223 SUPPORT SERVICES; ) CONNECTIONS NEW CENTURY ) CERTIFICATE OF COURT CLERK PUBLIC CHARTER SCHOOL, ) Applicants, ) vs. ) WINDWARD PLANNING ) COMMISSION, COUNTY OF ) HAWAII; DEPARTMENT OF ) PLANNING, COUNTY OF HAWAII, ) Appellees, ) And ) SANDRA SONG, in her capacity as ) Hearing Officer; JEFFREY GOMES, ) Intervenor; SIDNEY FUKE, ) Intervenor's Representative; ) TERENCE YOSHIOKA, Intervenor's ) Representative, ) Intervenors. ) CERTIFICATE OF COURT CLERK I, SHELLEY MANDAGUIT, a Clerk of the Third Circuit, State of Hawaii, at Kona, Hawaii, do hereby certify that all images in this Record on Appeal, are true originals thereof filed and entered of record (except where noted) in the above-captioned proceeding, and that all documents and items as listed in said Record on Appeal are hereto attached and made a part hereof. IN WITNESS WHEREOF, I have hereunto set my hand and seal of this Court this 25th day of April, 2017. By: /s/ Shelley Mandaguit SHELLEY MANDAGUIT Clerk of the Court, Third Circuit Kona Division, State of Hawaii